VerifySpot is designed to help online stores reduce fraud by verifying that buyer has physical possession of the card they used to make an online purchase and that they are within a reasonable distance of their billing address.
1.1 Your use of VerifySpot’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and VerifySpot. “VerifySpot” means VerifySpot Inc., whose principal place of business is in Lake Zurich, IL, United States and whose mailing address is VerifySpot Inc, PO Box 358, Lake Zurich, IL 60047.
1.2 Unless otherwise agreed to in writing with VerifySpot, your agreement with VerifySpot will always include, at a minimum, the terms and conditions set forth in this document. These are referred to below as the “Global Terms”.
1.3 Your agreement with VerifySpot will also include the terms of any Legal Notices applicable to the Services, in addition to the Global Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Global Terms, together with the Additional Terms, form a legally binding agreement between you and VerifySpot in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Global Terms say, then the Additional Terms shall take precedence in relation to that Service.
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by VerifySpot in the user interface for any Service; or
(B) by using the Services. In this case, you understand and agree that VerifySpot will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with VerifySpot, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 All information is subject to change without notice.
3.1 VerifySpot provides credit and debit card fraud detection services which are automated and designed to help merchants reduce fraud.
3.2 You acknowledge that you have been warned and understand that transaction decisions should never be based solely on information provided by VerifySpot. VerifySpot is a tool which can be used to assist in fraud reduction and prevention but it should not be relied upon exclusively.
3.3 You understand, acknowledge and agree that all information and tools made available through the use of Services are generated using automated means and are subject to errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by VerifySpot, at VerifySpot's discretion.
3.4 All information is subject to change without notice.
4.1 You acknowledge and agree that VerifySpot may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at VerifySpot’s sole discretion, without prior notice to you.
4.2 You acknowledge and agree that if VerifySpot disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.3 You acknowledge and agree that while VerifySpot may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by VerifySpot at any time, at VerifySpot’s discretion.
4.4 You agree not to create multiple accounts on VerifySpot for the purpose of circumventing access restrictions and query limits.
4.5 You acknowledge and agree that VerifySpot reserves the right to cancel and terminate any account, without a refund, which violates the terms set forth in this agreement.
4.6 You agree not to use the affiliate program to sign up yourself or individuals from your organization.
4.7 You agree not to hold VerifySpot responsible for any damages or loss of business which may result from the use of VerifySpot.
4.8 You acknowledge that VerifySpot cannot guarantee that the content uploaded by users through the use of the VerifySpot app is free of viruses, trojan horses, malicious software or inappropriate or offensive content. You understand that content uploaded by users which is intended to be images of credit cards is not guaranteed to be credit card images and may contain malicious software or inappropriate or offensive content.
4.9 You acknowledge that while VerifySpot takes steps to ensure that all data collected by VerifySpot is secure during and after transmission, VerifySpot cannot guarantee that the service and its data will never be breached and accessible by the public or by hackers. You agree not to hold VerifySpot or its parent company liable for any damages which you or your business may suffer from any data breach experienced by VerifySpot.
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to VerifySpot will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VerifySpot, unless you have been specifically allowed to do so in a separate agreement with VerifySpot. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless accessing the designed API interface.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with VerifySpot, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that VerifySpot has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which VerifySpot may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to VerifySpot for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify VerifySpot immediately at the contact page.
6.4 Furthermore, you agree to not share your login or password credentials with anyone. Only the user named in the registration form can access and use the service.
6.5 You agree not to access the service from multiple locations simultaneously unless you have been authorized to do so in writing from VerifySpot.
7.2 You agree to the use of your data in accordance with VerifySpot’s privacy policies.
8.1 You understand that all information (such as data files, written text, graphics, metrics, credit card images, analytics, fraud scores) which you may have access to as part of, or through your use of, the Services are provided AS IS without warranty or guarantee of any kind.
8.2 You agree that you are solely responsible for (and that VerifySpot has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which VerifySpot may suffer) by doing so.
9.1 You acknowledge and agree that VerifySpot (or VerifySpot’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by VerifySpot and that you shall not disclose such information without VerifySpot’s prior written consent.
9.2 Unless you have agreed otherwise in writing with VerifySpot, nothing in the Terms gives you a right to use any of VerifySpot’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with VerifySpot, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by VerifySpot, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 VerifySpot gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the service provided to you by VerifySpot as part of the Services (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VerifySpot, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by VerifySpot, in writing.
10.3 Unless VerifySpot has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
10.4 Access to Services is limited by daily query volume which are based on account level. Query volume is reset at midnight US Mountain Time time (at 00:00:00, current time is 2020-09-25 17:18:16).
10.5 A query is defined as a request to retrieve information for a single record. For example, a query to obtain information about an IP is one request. If you submit multiple IPs in the same query, each IP will be counted as a separate request.
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give VerifySpot a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling VerifySpot to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You confirm and warrant to VerifySpot that you have all the rights, power and authority necessary to grant the above licence.
12.1 The Terms will continue to apply until terminated by either you or VerifySpot as set out below.
12.2 If you want to terminate your legal agreement with VerifySpot, you may do so by (a) notifying VerifySpot at any time and (b) closing your accounts for all of the Services which you use, where VerifySpot has made this option available to you. Your notice should be sent, in writing, to VerifySpot’s address which is set out at the beginning of these Terms.
12.3 To terminate your business agreement with VerifySpot simply cancel your monthly subscription plan through the subscription page.
12.4 VerifySpot may at any time, terminate its legal agreement with you if:
12.5 Nothing in this Section shall affect VerifySpot’s rights regarding provision of Services under Section 4 of the Terms.
12.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and VerifySpot have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
13.2 IN PARTICULAR, VerifySpot, ITS PARENT COMPANIES OR SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VerifySpot OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.5 VerifySpot FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VerifySpot, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION GENERATED BY VerifySpot. (II) ANY CHANGES WHICH VerifySpot MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE VerifySpot WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 ABOVE SHALL APPLY WHETHER OR NOT VerifySpot HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.