By accepting this agreement during registration and continued use of our service after new updates to this agreement, you agree that your use of the FraudRecord database and/or any products or services that utilize the database, is subject to the terms and conditions set forth in this FraudRecord Terms of Service Agreement ("Agreement").

INTRODUCTION

These Terms of Service ("Terms") govern your use of the FraudRecord service ("FraudRecord"), provided by RecordWave OÜ, a company registered in Estonia, located at Sepapaja 6, 15551, Tallinn, Estonia ("RecordWave OÜ," "we," "us" or "our"). By accessing or using FraudRecord, you agree to these Terms.

DEFINITIONS

(a) "FraudRecord Service" or "FraudRecord" refers to the set of products and services provided under the trade name FraudRecord, which is operated by RecordWave OÜ, a company registered in Estonia.

(b) "User", "you", or "your" means any person or entity using, accessing, or receiving the services provided through FraudRecord.

(c) "Client" or "Your Client" means an online user who has registered an account for the purpose of using your website or services. This registration or user account creation may or may not include a transaction or payment.

(c) "Misbehaving Client" is a client of you, whose actions while registering or using your services are considered harmful or detrimental to the service, the provider, or other clients using the same service. The context in which a client can be considered "misbehaving" is described further in this agreement.

(d) A FraudRecord "Member" is any online entity that has registered and agreed to use the FraudRecord service in accordance with this agreement.

(e) "FraudRecord Database" or "Database" is the set of data submitted by members and made accessible by FraudRecord to members to identify misbehaving clients.

LIMITED GRANT OF RIGHTS

You agree to use the FraudRecord services and products only in a manner that is consistent with all applicable laws and regulations.

APPROPRIATE USES OF THE FRAUDRECORD SERVICE

Using the FraudRecord Service constitutes an agreement to restrict your use to appropriate purposes as outlined in this section.

(a) You may only submit data to the FraudRecord Service for the purposes of testing the service, checking the history of a new or existing client, reporting a misbehaving client, and similar business purposes.

(b) You may not use the FraudRecord Service in any way that violates federal, state, local, or international law, or the rights of others.

(c) Unacceptable uses of the FraudRecord Service include, but are not limited to, the following:

(i) Submitting queries designed to extract information from the FraudRecord Database for purposes other than validating the history of a client.
(ii) Submitting false or fictitious reports, except for testing purposes, in which case the report must be deleted after testing is completed.
(iii) Using automated or manual means to replicate part or all of the FraudRecord database, or building an identical or derivative database based on the FraudRecord database.
(iv) Attempting to compromise the security and integrity of the FraudRecord database or services.
(v) Querying or reporting the same information repeatedly using automated manners.

(d) If FraudRecord, in its sole discretion, finds or suspects that you are using the FraudRecord Service in an unacceptable manner, FraudRecord may immediately restrict, suspend, or terminate your use of the FraudRecord Service.

SECURITY

You are responsible for all activities that occur under your account and with your password, API code, or similar mechanisms for account access. You shall keep your passwords confidential. FraudRecord is not responsible for any actions that may affect you or your company due to unauthorized access to your account.

DATA COLLECTION AND PRIVACY

FraudRecord collects, stores, and makes available information generated by members through the use of the service. Collected data is used solely for the purpose of providing fraud prevention services. All obtained data is scrambled prior to reaching FraudRecord servers and, thus, cannot be used to determine the personally identifiable information.

Data privacy is governed by the FraudRecord Privacy and Security Policy.

OWNERSHIP OF INFORMATION

You acknowledge and agree that all information submitted to FraudRecord servers becomes the property of FraudRecord, and FraudRecord reserves the right to keep this information indefinitely and use it in any manner deemed necessary for the proper functioning of the Service. FraudRecord will not sell, rent, or otherwise make this information available to third parties except for the purpose of providing fraud prevention services.

DEFINITION OF MISBEHAVIOR

Member companies may submit information to FraudRecord on clients who engage in misbehavior. FraudRecord respects the right of Members to decide what constitutes misbehavior; however, FraudRecord does not necessarily agree that any specific behavior of a client constitutes misbehavior. FraudRecord reserves the right to decide what constitutes misbehavior acceptable to be kept in the Database. Client misbehavior acceptable by FraudRecord includes, but is not limited to:

(a) Fraudulent Activity: Using stolen credit cards, payment accounts, email addresses, or any other means that violate the rights of the individual with the legal claim to those means.
(b) Spamming: Using online services to send unsolicited email.
(c) Chargeback or Non-Payment: Failing to provide payment, or issuing a chargeback or a retraction of payment for goods and services that have been provided.
(d) Phishing, Illegal Content, Criminal Intent, Misdemeanor: Using online services for activities that violate local or international laws.
(e) Excessive Resource Use: Using server, service, or human resources excessively, causing service interruptions that affect other users of a service, or abusing staff members.
(f) Public Threats: Issuing threats of public slander, libel, or similar types of abuse with the intention of causing business damage.

PAYMENTS

The majority of FraudRecord services are provided for free. Some services may be provided for a one-time or recurring payment. All payments made to FraudRecord are nonrefundable, except as may be expressly approved at the sole discretion of FraudRecord. This includes one-time fees, recurring fees, and subsequent charges regardless of usage. The Member shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement or service by FraudRecord as a result of the Member’s breach of these terms. If you dispute a charge to your credit card issuer or payment provider, FraudRecord may decide to terminate or deny any existing or future services provided to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold FraudRecord harmless with respect to any claims, damages, awards, or assessments resulting in whole or in part from your breach of any representation or warranty made under this Agreement.

CHANGES TO THE AGREEMENT

(a) FraudRecord reserves the right to change or amend this Agreement at any time. Any changes will be effective 30 days after publication of the updated agreement, or the date FraudRecord provides notice to Members of the effective date. Your continued use of the Service will constitute your acceptance of those changes.

NO CONSEQUENTIAL DAMAGES / LIMITATION ON LIABILITY

Under no circumstances will FraudRecord be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data, that are directly or indirectly related to the use of, or the inability to access and use, the Database and related services. The total liability of FraudRecord is limited to the amount of fees actually paid by you, if any, during the twelve months immediately preceding the occurrence.

NO WARRANTIES

FraudRecord Service is provided "as-is", with no warranty, express or implied, with respect to their capability, accuracy, or completeness. All warranties of any type, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights are expressly disclaimed. Since the Database consists of Member supplied information, FraudRecord does not guarantee the accuracy or uninterrupted availability of any product or service.

GOVERNING LAW

This Agreement will be governed primarily by the laws of Estonia, where FraudRecord is registered in, in addition to the laws of Netherlands, where the servers and the Database resides. Any conflicts or disputes will be resolved by the courts and legal authorities of respective countries.

MISCELLANEOUS

FraudRecord reserves the right to refuse service to anyone at any time for any reason.

FraudRecord may send you offers from our sponsors or marketing partners. Your email address will not be shared with either. You may opt in to receive these offers during registration and opt out of receiving these offers at any time by following the instructions in the email or your account settings.

Anything not explicitly stated in this Terms of Service is subject to interpretation at FraudRecord's sole and absolute discretion.

You, as a FraudRecord Member, are solely responsible for the content submitted by you to the Service.

CONTACT

Please direct all questions regarding this Terms of Service to contact@fraudrecord.com