Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and Privyn, Inc. ("Privyn," "we," "us," or "our"). By accessing or using our fraud monitoring platform, payment portal, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms.

If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Description of Services

Privyn provides a fraud monitoring and payment protection platform that includes:

• Fraud Monitoring: Real-time analysis of payment transactions to identify and block fraudulent activity before charges are processed.
• Suspicious Activity Flagging: Behavioral analysis and risk scoring to identify potential bad-actor customers.
• Chargeback Prevention: Monitoring of chargeback ratios, proactive alerts, and evidence package generation for dispute resolution.
• Payment Portal: A white-labeled, PCI-compliant checkout experience deployed at the edge.

3. Account Registration

To use our Services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized use.

4. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts. You must operate a legitimate business that complies with all applicable laws. We reserve the right to refuse service to anyone and to terminate accounts that violate these Terms or our Acceptable Use Policy.

5. Payment Terms

• Subscription Fees: You agree to pay the fees associated with your chosen plan as described on our Pricing page. Fees are billed monthly in advance.
• Transaction Fees: Per-transaction fees are calculated based on usage and billed at the end of each billing cycle.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for paying any taxes imposed on the Services.
• Late Payments: Overdue amounts may incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Price Changes: We may change our prices with 30 days' advance notice. Continued use of the Services after a price change constitutes acceptance.

6. Free Trial

We may offer a free trial period. During the trial, you receive full access to the specified plan features. At the end of the trial, you must select a paid plan to continue using the Services. If you do not select a plan, your account will be paused. No charges are made during the trial period.

7. Service Level Agreement

We commit to a 99.97% uptime for our fraud monitoring services measured on a monthly basis. Scheduled maintenance windows are excluded. If we fail to meet this SLA in any given month, you may be eligible for a service credit. Enterprise customers may negotiate custom SLAs.

8. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that Privyn processes transaction data on your behalf to provide fraud monitoring services. You are responsible for obtaining any necessary consents from your customers for data processing.

9. Intellectual Property

All intellectual property rights in the Services, including software, algorithms, documentation, and branding, are owned by Privyn. We grant you a limited, non-exclusive, non-transferable license to use the Services during the term of your subscription. You may not reverse engineer, decompile, or copy any part of our Services.

10. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy. You agree not to use the Services for any unlawful purpose, to process transactions for prohibited goods or services, or to interfere with the operation of our platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIVYN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PRIVYN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Privyn provides fraud monitoring tools to assist your decision-making but does not guarantee the prevention of all fraudulent transactions or chargebacks.

12. Indemnification

You agree to indemnify and hold harmless Privyn, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

• By You: You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current billing cycle.
• By Us: We may suspend or terminate your account immediately if you violate these Terms, the Acceptable Use Policy, or if we reasonably believe your use poses a risk to our platform or other users.
• Effect of Termination: Upon termination, your access to the Services will cease. We will retain your data for 90 days to allow for export, after which it will be permanently deleted unless required by law.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

15. Modifications

We may modify these Terms at any time. We will provide at least 30 days' notice for material changes. Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Contact us at:
Privyn, Inc.
Email: legal@privyn.com