RefundLabs, (“RefundLabs”, “We” or “Our”) provides its service to you
at www.RefundLabs.com, subject to the Terms listed below.
By accepting these Terms, or by accessing or using our Service or
Site, You acknowledge that you have read, understood, and agreed to be
bound by these Terms, and that the information you provide in signing
up is accurate, complete, and belongs to you or is within your right
to use. If You are entering into these Terms on behalf of a company or
another legal entity, You represent that You have the authority to
bind such entity and its affiliates to these Terms, in which case the
terms “You,” “Your” or related capitalized terms herein shall refer to
such entity and its affiliates. If You do not have such authority, or
if You do not agree with these Terms, You must not accept these Terms
and may not use the Service.
You acknowledge that these terms constitute a contract between You and
RefundLabs, even though it is electronic and is not physically signed
by You and RefundLabs, and that these Terms govern Your use of the
Service and supersede any other agreements between You and RefundLabs.
The “Service” includes (a) the Site, (b) the RefundLabs software,
tools and RefundLabs API, and (c) the other services provided to You
through the Site based on the plan purchased, including all software,
data, text, images, videos, and other content made available through
the Site, or developed via the RefundLabs API (collectively,
“Content”). Any new features added to or augmenting the Service are
also subject to these Terms.
The Service may also include basic or expanded support based on the
Service plan purchased. RefundLabs does its very best to make the
Service available as detailed in the applicable Service plan, except
for: (a) planned downtime (of which You will be notified in advance),
or (b) any unavailability caused by circumstances beyond Our
reasonable control, such as, but not limited to, acts of God, acts of
government, acts of terror or civil unrest, or technical failures
beyond Our control.
Subject to the terms and conditions of these Terms, You agree to
access and use the Service only for Your internal business purposes as
contemplated by these Terms. Subject only to Your limited right to
access and use the Service as expressly granted to You here, all
rights, title and interest in and to the Service and its components,
including all related intellectual property rights, will remain with
and belong exclusively to RefundLabs and its third-party vendors.
You agree not to (a) license, sublicense, sell, resell, rent, lease,
transfer, assign, distribute, time share or otherwise commercially
exploit or make the Service available to any third party, other than
as expressly permitted by these Terms; (b) use the Service to process
data on behalf of any third party, (c) modify, adapt or hack the
Service to falsely imply any sponsorship or association with
RefundLabs, or otherwise attempt to gain unauthorized access to the
Service or its related systems or networks; (d) use the Service in any
unlawful manner, including but not limited to violation of any persons
privacy rights, infringing any person’s intellectual property rights,
or sending spam or otherwise duplicate or unsolicited messages in
violation of applicable law, (e) use the Service in any manner that
interferes with or disrupts the integrity or performance of the
Service and its components; (f) attempt to decipher, decompile,
reverse engineer or otherwise discover the source code of any software
making up the Service, (f) use the Service to knowingly post, upload,
link to, send or store any content that is unlawful, racist, hateful,
obscene, discriminatory, or contains any viruses, malware, Trojan
horses, time bombs, or any other similar harmful software, or (g) try
to use, or use the Service in violation of these Terms.
You are responsible for all information, data, text, messages or other
materials that You post or is otherwise transmitted via the Service.
You are responsible for maintaining the confidentiality of Your login
and account, and are fully responsible for any and all activities that
occur under Your login or account.
RefundLabs’s failure to enforce at any time any provision of these
Terms does not constitute a waiver of that provision or of any other
provision of these Terms.
In providing You the Service We shall maintain appropriate
administrative, physical and technical safeguards to protect the
security, confidentiality and integrity of Your data. These safeguards
include encryption of Your data in transmission (using SSL or similar
technologies), except for certain external third party integrations
that do not support encryption.
You agree that RefundLabs can access Your accounts information in
order to respond to Your service requests. We will not disclose such
data except if compelled by law, permitted by You. You agree not to
use the information gained from RefundLabs for your own use in any
type of way without explicit permission.
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. RefundLabs shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You. RefundLabs, and RefundLabs’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of RefundLabs (collectively, “Marks”), and You may only use such Marks to identify yourself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent RefundLabs, its services or products.
External Sites. The Service may contain links to, or otherwise may
allow You to connect to and use certain marketplaces, third party
products, services or software under separate terms and conditions
(collectively, “Other Services”) in conjunction with Our Service. If
You decide to access and use such Other Services, be advised that Your
use is governed solely by the terms and conditions of such Other
Services, and We do not endorse, are not responsible for, and make no
representations as to such Other Services, their content or the manner
in which they handle Your data. RefundLabs is not liable for any
damage or loss caused or alleged to be caused by or in connection with
Your access or use of any such Other Services, or Your reliance on the
privacy practices or other policies of such Other Services.
Integration. The Service may contain features that enable various
Other Services (such as social media services like Facebook and
Twitter) to be directly integrated into your RefundLabs experience. To
take advantage of these features, You will be required to register for
or log into such Other Services on their respective websites. By
enabling third party services within the Service, You are allowing
RefundLabs to pass Your log-in information to these Other Services for
this purpose.
Billing and Payments. The Service is made available on a pay-as-you-go
basis . We charge 25% of all refunds from the day you sign up for all
cases we open. You will be given a weekly bill every Friday and the
primary payment method will be automatically charged for the previous
week’s invoice every Monday.
Billing Privacy. RefundLabs uses a third-party intermediary to manage
credit card and bank account processing and this intermediary is not
permitted to store, retain, or use Your billing information except to
process Your credit card or bank account information for RefundLabs.
Taxes. Unless otherwise stated, Our charges do not include any taxes,
levies, duties or similar governmental assessments, including
value-added, sales, use or withholding taxes assessable by any local,
state, provincial or foreign jurisdiction (collectively “Taxes”). You
are responsible for paying Taxes except those assessable against
RefundLabs based on its income. We will invoice You for such Taxes if
we believe we have a legal obligation to do so.
Price Changes. RefundLabs reserves the right to change prices without
prior notification as long as current accounts remain at the rates
that were active at the time of subscription. Changes to the rates
affecting existing accounts will be made only after timely
notification has been sent. Such notifications will be posted on the
RefundLabs Site (RefundLabs.com) and sent via email to the email
address each customer has provided during registration.
You are responsible for cancelling Your account, and can cancel Your
account by sending an email to [email protected] . There are no
other means of cancelling Your account. Once You cancel Your account
You will lose access to all of Your content, and We preserve the right
to delete all such content in the normal course of operation. This
content cannot be recovered once Your account is cancelled. If You
cancel the Service before the end of Your current paid-up subscription
period, Your cancellation will take effect immediately and You will
not be charged again.
RefundLabs reserves the right to (i) modify or discontinue,
temporarily or permanently, the Service (or any part thereof) and (ii)
refuse any/all current and future use of the Service, suspend or
terminate your account or any part thereof (or Your use of the
Service), and remove and discard any of Your content within the
Service if We believe that You have violated these Terms. RefundLabs
will use all reasonable efforts to contact You directly via email to
warn You prior to suspension or termination of Your account. Any
suspected fraudulent, abusive, or illegal activity may be grounds for
immediate termination of Your use of Service, and may be referred to
law enforcement authorities. RefundLabs shall not be liable to You or
any third party for any modification, suspension or discontinuation of
the Service.
The Service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and RefundLabs expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that RefundLabs does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from RefundLabs or through the Service shall create any warranty not expressly stated in these terms.
No consequential damages. Under no circumstances and under no legal
theory (whether in contract, tort, negligence or otherwise) will
either party to these terms, or such party’s affiliates or their
respective officers, directors, employees, agents, suppliers or
licensors be liable to the other party or any third party for any
indirect, incidental, special, exemplary, consequential, punitive or
other similar damages, including lost profits, lost sales or business,
lost data, business interruption or any other loss incurred by such
party in connection with these terms or the Service, regardless of
whether such party has been advised of the possibility of or could
have foreseen such damages.
Limits on monetary damages. Notwithstanding anything to the contrary
in these terms, RefundLabs (including any of its affiliates) aggregate
liability, for damages (monetary or otherwise) under these terms
claimed by you or any third party arising from our service, shall be
limited to the lesser of (I) actual damages incurred, or (II) payments
made by you for the Service during the twelve (12) months preceding
the claim. The parties acknowledge and agree that the essential
purpose of this section is to allocate the risks under these terms
between the parties and limit their potential liability given the fees
charged under this agreement, which would have been substantially
higher if RefundLabs were to assume any further liability other than
as set forth herein. The parties have relied on these limitations in
determining whether to enter into these terms.
Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply to You. In
these states, RefundLabs liability will be limited to the greatest
extent permitted by law.
You agree to defend, indemnify, and hold harmless RefundLabs from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your breach of these Terms, or Your access to, use, misuse or illegal use of the Service. RefundLabs will provide You notice of any such claim, suit, or proceeding. RefundLabs reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist RefundLabs’s defense of such matter.
RefundLabs may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
Certain Content and software components of the Service may be subject to U.S. export control and economic sanctions laws. If You are subject to U.S. laws, You agree to comply with all such laws and regulations as they relate to such software and Content, and access and use of the Service. You shall not access or use the Service if you are located in Burma (Republic of the Union of Myanmar), Cuba, Iran, Libya, North Korea, Sudan, or Syria (the “Prohibited Jurisdictions”), and You shall also not provide access to the Service to any government, entity or individual located in the Prohibited Jurisdictions.
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
These Terms shall be governed by the laws of the State of New York without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York, for the purpose of resolving any dispute relating to Your access to or use of the Service.
If you are a U.S. federal government end user, this Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to you with only those rights as provided under the terms and conditions of these Terms.
Sections 3 (GENERAL CONDITIONS/ACCESS AND USE OF THE SERVICE), 5 (INTELLECTUAL PROPERTY RIGHTS), 7 (BILLING, PLAN MODIFICATIONS AND PAYMENTS), 8 (CANCELLATION AND TERMINATION), 9 (DISCLAIMER OF WARRANTIES), 10 (LIMITATION OF LIABILITY), 11 (INDEMNIFICATION), 12 (ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS), 13 (SEVERABILITY), 14 (EXPORT COMPLIANCE AND USE RESTRICTIONS), 15 (RELATIONSHIP OF THE PARTIES) and 16 (GOVERNING LAW) will survive any termination of these Terms.
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