Terms and Conditions for RightcliQ
Effective Date: August 10, 2024
These Terms and Conditions ("Agreement") govern the use of RightcliQ's services ("Services"). By using our Services, you ("Customer") agree to the terms set forth in this Agreement. If you do not agree with these terms, you must cease using the Services immediately.
1. Services Provided
RightcliQ provides a software-as-a-service (SaaS) platform that includes tools for tracking customer interactions, gathering evidence for fraud prevention, and providing analytics and reports to assist in chargeback disputes. The Services are delivered through our online platform, which incorporates proprietary AI technology.
2. Account Registration and Responsibilities
- Account Information: To access the Services, you must create an account. You are responsible for providing accurate, complete, and current information during registration. You must keep your login credentials secure and not share them with others.
- Account Use: You are responsible for all activities under your account, including compliance with this Agreement. You must notify RightcliQ immediately of any unauthorized use of your account or other security breaches.
- Eligibility: The Services are intended for use by businesses only. By registering, you confirm that you are a legal entity and have the authority to enter into this Agreement on behalf of your business.
3. Customer Responsibilities
- Compliance with Laws: You agree to use the Services in compliance with all applicable laws and regulations, including data protection and privacy laws. You are responsible for obtaining any necessary consents from your users and for the lawful use of data collected through the Services.
- Implementation: You are responsible for properly implementing RightcliQ's tracking tags, cookies, and other tools on your website. This includes ensuring that any user consent requirements are met.
- Data Accuracy: You are responsible for the accuracy and legality of the data you provide to RightcliQ and the data collected through the use of the Services.
4. Intellectual Property Rights
- AI Ownership and License: All AI models, algorithms, and related technologies provided by RightcliQ ("AI Technology") are the exclusive property of RightcliQ. Customers are granted a limited, non-exclusive, and non-transferable license to use the AI Technology solely for the purposes specified in this Agreement. Customers shall not reverse-engineer, decompile, or create derivative works from the AI Technology. Any feedback or suggestions regarding the AI Technology provided by customers shall be the sole property of RightcliQ.
- Confidentiality: Customers agree to maintain the confidentiality of any proprietary information related to RightcliQ's AI Technology disclosed during the provision of services. This includes, but is not limited to, algorithms, models, data processing techniques, and related documentation. Such information shall not be disclosed to third parties without the prior written consent of RightcliQ.
5. Use of Data
- Data Collection: RightcliQ collects data on your behalf for the purpose of fraud prevention and chargeback disputes. This includes tracking user interactions, collecting consent, and recording user behavior on your website.
- AI Model Training: RightcliQ may use anonymized and aggregated data collected through your use of the Services to train, improve, and refine its AI models. This data will be used solely to enhance the performance of the AI Technology and will not identify you or your users.
- Data Privacy: RightcliQ does not sell or share your data with third parties. Data collected is used solely for the purposes described in this Agreement and in accordance with our Privacy Policy.
- Customer Responsibility: You are responsible for ensuring that your use of the Services, including the collection of user data, complies with applicable privacy laws such as GDPR, CCPA, and other relevant regulations.
6. Payment and Fees
- Subscription Fees: You agree to pay all fees associated with your subscription to the Services. Fees are outlined in your subscription plan and are subject to change with prior notice.
- Payment Terms: Payments are due according to the terms specified in your subscription plan. If payment is not received by the due date, RightcliQ reserves the right to suspend or terminate your access to the Services.
- Refunds: Refunds are not provided except as required by law or as outlined in your subscription agreement.
7. Service Availability and Support
- Service Uptime: RightcliQ strives to provide continuous service availability but does not guarantee 100% uptime. Scheduled maintenance, upgrades, or unforeseen circumstances may result in temporary downtime.
- Support: RightcliQ offers support to Customers as outlined in the support plan associated with your subscription. Support is typically available during business hours via email or other communication channels provided by RightcliQ.
8. Limitation of Liability
- AI Performance Disclaimer: RightcliQ's AI Technology is designed to assist in fraud prevention; however, it does not guarantee specific outcomes, such as the success of chargeback disputes. RightcliQ shall not be liable for any decisions made by customers based on AI-generated outputs. Customers are advised to conduct their own analysis and consult with legal or financial professionals where appropriate.
- Disclaimer of Warranties: The Services are provided "as is" without warranties of any kind, whether express or implied. RightcliQ does not warrant that the Services will meet your specific needs or that the operation of the Services will be uninterrupted or error-free.
- Limitation of Liability: To the maximum extent permitted by law, RightcliQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or other intangible losses, resulting from your use of the Services.
- Indemnification: You agree to indemnify and hold harmless RightcliQ, its officers, directors, employees, and agents from any and all claims, liabilities, damages, and expenses (including legal fees) arising out of or related to your use of the Services in violation of this Agreement or any applicable laws.
9. Termination
- Termination by Customer: You may terminate your subscription at any time by providing written notice to RightcliQ. Termination will take effect at the end of your current billing cycle.
- Termination by RightcliQ: RightcliQ reserves the right to terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of this Agreement.
- Effect of Termination: Upon termination, your right to access the Services will immediately cease. Any data collected through the Services may be deleted or anonymized, at RightcliQ’s discretion.
10. Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which RightcliQ is headquartered, without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the jurisdiction where RightcliQ is located.
11. Changes to the Agreement
- Modifications: RightcliQ reserves the right to modify this Agreement at any time. Changes will be communicated to you, and continued use of the Services constitutes acceptance of the modified terms.
- Review: It is your responsibility to review this Agreement periodically for any changes.
12. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire agreement between you and RightcliQ regarding the use of the Services and supersedes any prior agreements or understandings.
- Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: The failure of RightcliQ to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
13. Audit Rights
- Audit Rights: RightcliQ reserves the right to audit your use of the Services to ensure compliance with this Agreement, especially regarding the use of our AI Technology and data collection practices. Any such audit will be conducted in a manner that minimizes disruption to your business.
14. Contact Information
- Questions: If you have any questions or concerns about this Agreement, please contact us at soham@rightcliq.ai.