These Terms of Service (“Terms of Service”) govern your use of the services and of our website FraudControlIndia and its subdomains (“Website”) as provided by FraudControlIndia Inc., a Delaware corporation, and its affiliates, successors, and/or assigns (“FraudControlIndia” or “we”). FraudControlIndia provides online businesses (our “Customers” or “you”) with services that help Customers detect and address fraud and other malicious behavior on their digital properties. In doing so, we collect and analyze information about how Internet users (“Customers’ Consumers” or “Users”) interact with our Customers’ digital properties such as websites and mobile applications (their “Customer Sites”). Any content, functionality, and services offered on or through our cloud-based, machine-learning platform (or Website) that is used to analyze, predict or prevent fraudulent activity, as well as any of FraudControlIndia’s other products, services and terms that may be incorporated herein through separate Purchase Order(s) signed by you and FraudControlIndia (“Purchase Order”), are referred to collectively as the “FraudControlIndia Services.”
Please read the Terms of Service carefully before using the FraudControlIndia Services or Website because they contain provisions that affect your rights and obligations including mandatory arbitration provisions, limitation on liability claims and treatment of confidential information. By using the FraudControlIndia Services (or Website), you acknowledge and confirm that you agree to be legally bound by the following and will abide by these Terms of Service, including any related Purchase Order(s), our Services Privacy Policy, and our Website Privacy Policy, which are incorporated herein by reference. If you do not agree with these Terms of Service, you must not access or use the FraudControlIndia Services or Website.
FraudControlIndia provides access to its FraudControlIndia Services and Website subject to the following conditions:
FraudControlIndia helps Customers detect, identify, and prevent fraud by collecting and analyzing information about how Users interact and submit transactions through Customer Sites. Customers submit information about Users to FraudControlIndia through our application programming interface or through our online portal (“API”), software development kits (“SDKs”), and/or FraudControlIndia-provided JavaScript code. Customers may submit Customer Data (as defined in the Service Privacy Policy) through our application programming interface or through the API. Customers own their Customer Data, but FraudControlIndia owns the FraudControlIndia Services and Analytical Results (as defined in the Service Privacy Policy). Each Customer decides the types and format of the Customer Data they wish to submit for analysis using the Services.
The FraudControlIndia Services and Analytical Results are intended to identify patterns, using custom and global models that leverage both the specific Customer Data provided by Customers and data provided by all other Customers, enabling Customers to (i) streamline the review of User’s activities, (ii) prevent misuse of their assets and services and (iii) identify and track fraud risk and fraud trends.
FraudControlIndia grants you a revocable, non-exclusive, nontransferable, limited and non-assignable license to access and use the FraudControlIndia Services in accordance with these Terms of Service and for your internal business purposes. You are not permitted to resell or distribute to third-parties the FraudControlIndia Service or Analytical Results unless expressly authorized in writing by FraudControlIndia. All other rights not expressly granted to you are reserved by FraudControlIndia.
You are not permitted to copy, reproduce, distribute, republish, display, post or transmit, in any form or by any means, any part of the FraudControlIndia Services, including the Analytical Results. You agree not to access the FraudControlIndia Services by any means other than through the interfaces that are provided by FraudControlIndia. You agree not to license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the FraudControlIndia Services available to any third party, including using the FraudControlIndia Services to improve the information discovery for any website other than your own. You agree not to upload, post, reproduce or distribute any information regarding the FraudControlIndia Services, software or other material protected by copyright or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You agree that you will ensure that any use of the FraudControlIndia Services by you, your employees and affiliates is in accordance with the terms and conditions of the Terms of Service. You agree not to directly or indirectly cause FraudControlIndia to violate the Fair Credit Reporting Act 15 USC § 1681 et seq., as may be amended, or that might classify FraudControlIndia as a consumer reporting agency thereunder.
By using the FraudControlIndia Services, you acknowledge and agree (i) that Analytical Results are owned and will be retained by FraudControlIndia in aggregated form that is not associated with any individual Customer (except in the Customer’s account portal and reporting portal); (ii) that FraudControlIndia owns all right, title and interest in the Analytical Results, including all intellectual property rights therein; and (iii) that if you provide feedback to FraudControlIndia in using the FraudControlIndia Services (“Feedback”), you grant FraudControlIndia a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use (including as part of the Analytical Results), distribute, modify, offer for sale or exploit any Feedback you make relating to the Services, with no obligation to pay you royalties or any other compensation. FraudControlIndia agrees not to distribute or publish any Analytical Results in a manner that renders individual Customers readily ascertainable as the source of Customer Data used in the Analytical Results.
Upon termination of the FraudControlIndia Services, the Customer may request deletion of the Customer Data by providing written notice to FraudControlIndia. FraudControlIndia will delete the Customer Data from your account within ninety (90) days. Notwithstanding such termination, the Analytical Results shall remain the sole and exclusive property of FraudControlIndia.
Customers will pay the fees described at Fraud.com/Pricing or as provided for under a Purchase Order signed by both Customer and FraudControlIndia (“Fees”). A minimum monthly Fee may be collected at the commencement of FraudControlIndia Services based on projected volume. All Fees, including any monthly minimum Fees paid by Customer, are non-refundable. Minimum Fees paid may not be rolled into any future time period. Fees based on usage will result in a debit or credit to your account at the end of each month. Any late payments will be subject to a service charge equal to 1.5% of the amount due (calculated on a monthly basis) or the maximum amount allowed by law, whichever is less. If the Customer pays by credit card, our third-party payment processor collects that information (we do not store full credit card information).
In addition to the other amounts payable under the Terms of Service, you agree to pay all applicable customs, duties, sales, use, value added or other taxes, federal, state or otherwise, however, designated, which are levied or imposed by reason of the transactions contemplated by the Terms of Service, excluding only taxes based on FraudControlIndia net income. You agree to hold FraudControlIndia harmless from all claims and liability arising from your failure to report or pay any such taxes, duties or assessments.
We are constantly changing and improving our FraudControlIndia Services and may update the content, functionality, and user interface of the FraudControlIndia Services or modify the FraudControlIndia Services temporarily or permanently from time to time at our sole discretion. We reserve the right to add or remove functionalities or features of the FraudControlIndia Services, and we may suspend or stop a FraudControlIndia Service altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct. We may also stop providing FraudControlIndia Services to you, add or create new limits to our FraudControlIndia Services, or restrict your access to all or a part of the FraudControlIndia Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the FraudControlIndia Services are unavailable at any time or for any period. The right to access and use the FraudControlIndia Services is revoked in jurisdictions where it may be prohibited if any.
You can terminate use of the FraudControlIndia Service at any time by submitting 5 business days written notice to FraudControlIndia. Following termination of your account and/or use of the FraudControlIndia Services, FraudControlIndia may immediately deactivate your account and may delete your account and you will have no rights to continue use of the FraudControlIndia Services. FraudControlIndia has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the FraudControlIndia Services. FraudControlIndia will not be liable to you or to any third party whatsoever as a result of the termination of your access to the FraudControlIndia Services and/or the deletion of Customer Data submitted through your account.
The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination or expiration of the Services.
The FraudControlIndia Services and all past, present and future content of the FraudControlIndia Services, including all software, hardware and technology used to provide the FraudControlIndia Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the FraudControlIndia Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the FraudControlIndia Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of FraudControlIndia (including user rank and product names) (collectively, “FraudControlIndia Marks”), are (i) owned by FraudControlIndia, its licensors or other providers of such material, (ii) protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
FraudControlIndia generates analysis and results using the Customer Data (as defined in our Privacy Policy), whether alone or in combination with other sources, and creates risk profiles for users, risk assessments, a risk score and a substantiation of that score, and aggregated insights and analytics reports based on the Customer Data that are created through FraudControlIndia’s proprietary modeling and analysis (“Analytical Results”). Customers own their Customer Data, but FraudControlIndia owns the FraudControlIndia Services and Analytical Results.
Using the FraudControlIndia Services does not give you ownership of any intellectual property rights in the FraudControlIndia Services, Analytical Results, or any content on or output of the FraudControlIndia Services. These Terms of Service do not grant you the right to use any of FraudControlIndia’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the FraudControlIndia Services. You will have the right to identify FraudControlIndia by name and logo as may be agreed to by FraudControlIndia.
No right, title or interest in or to the FraudControlIndia Services or any content on the FraudControlIndia Services is transferred to you, and all rights not expressly granted are reserved by FraudControlIndia. Any use of the FraudControlIndia Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Your logo and other trademark and service marks and service names remain you your marks and sole property. FraudControlIndia will have the right to identify you by name and logo within marketing materials and customer lists.
For purposes of these Terms of Service, “Confidential Information” shall mean information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), either directly or indirectly, whether in writing or otherwise, that is clearly identified in writing at the time of disclosure as confidential or that could have been reasonably understood, given the nature of the information or the circumstances surrounding its disclosure, to be confidential. Customers’ Confidential Information includes the Customer Data and FraudControlIndia’s Confidential Information, including APIs, the Analytical Results, and all documentation provided to the Customer hereunder. Confidential Information does not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, not due to any fault of yours, subsequent to disclosure; or (4) you become aware of from a third party not bound by nondisclosure obligations and with the lawful right to disclose such information to you.
The Receiving Party agrees to use the Confidential Information solely as contemplated by this Terms of Service and will only disclose such information to its employees, agents, vendors, and contractors who are bound by obligation at least as strict as those contained in this Provision. The Receiving Party will protect the confidentiality in the same manner as it protects the confidentiality of similar information and data of its own, at all times exercising at least reasonable care.
Confidential Information is and will remain the exclusive property of the Disclosing Party. Subject to the terms and conditions of this Agreement, the Receiving Party will, upon written request, destroy all copies of the Disclosing Party’s Confidential Information that is in its possession or control. The Receiving Party may also disclose Confidential Information to the extent that such disclosure is requested or required by law or order of a court or other governmental authority. You agree to give us prompt notice of the receipt of any subpoena or other similar requests that you receive for disclosure of Confidential Information.
In connection with the FraudControlIndia Services, FraudControlIndia will provide you with information to promote your successful utilization of the FraudControlIndia Services, which may include providing you with user guides, knowledge bases, online help, optional and paid training classes, and/or customer support and professional services consultation. You acknowledge that FraudControlIndia has extensive experience helping Customers improve utilization and realization of benefits of the FraudControlIndia Services and that not following the advice of FraudControlIndia in these areas may substantially undermine your successful utilization of the FraudControlIndia Services. The FraudControlIndia Services are intended to allow Customers to identify fraudsters, enable faster manual reviews, reduce chargebacks, prevent and contain data breaches, and approve good orders. However, by using the FraudControlIndia Services, you acknowledge and agree that FraudControlIndia does not in any way guarantee any particular result or results will be achieved by using the FraudControlIndia Services.
FraudControlIndia does not represent (i) that your use of the FraudControlIndia Services will be secure, timely, uninterrupted or error-free; (ii) that the FraudControlIndia Services will meet your requirements or that all errors in the FraudControlIndia Services and/or documentation will be corrected; or (iii) that the system that makes the FraudControlIndia Services available will be free of viruses or other harmful components.
THE FraudControlIndia SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR COMMERCIAL USE ONLY, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FraudControlIndia NOR ANY PERSON ASSOCIATED WITH FraudControlIndia MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE FraudControlIndia SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER FraudControlIndia NOR ANYONE ASSOCIATED WITH FraudControlIndia REPRESENTS OR WARRANTS THAT THE FraudControlIndia SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE FraudControlIndia SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE FraudControlIndia SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE FraudControlIndia SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.
OUR USE OF THE FraudControlIndia SERVICES AND ANY CONTENT ON THE FraudControlIndia SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for damages arising from the FraudControlIndia Services or any associated content against FraudControlIndia, its affiliates, intermediaries, licensors or service providers, or our respective employees, contractors, officers, directors and agents. FraudControlIndia, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, loss of Customer Data, revenue, profits, use or other economic advantage, whether caused by tort (including negligence), breach of contract or otherwise, or any other legal or equitable theory arising under or in connection with these Terms of Service, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the FraudControlIndia Services or any associated content, (ii) any information offered or provided within or through the FraudControlIndia Services, or (iii) any other matter relating to the FraudControlIndia Services. In no event shall FraudControlIndia, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors, and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
You are solely legally liable if your use or misuse of the FraudControlIndia Services or any associated content causes damage to the FraudControlIndia Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless FraudControlIndia, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the FraudControlIndia Services; use, transmission, or processing by the FraudControlIndia Services; infringement or misappropriation of any intellectual property rights or other rights; violation of these Terms of Service; related to or arising out of the operation of any Customers’ Websites; and/or violation of a third party’s rights or other harm to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the FraudControlIndia Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
You agree to receive legal notices, statements, and other communications through email and information concerning FraudControlIndia or the FraudControlIndia Services electronically, including notice to any email address that you agree to provide.
The FraudControlIndia Services are operated by FraudControlIndia. All feedback, comments, requests for technical support and other communications relating to the FraudControlIndia Services should be directed to us at: