When You use FraudScore’s services, You are entering into this Services Agreement, together with any Pricing Statements and other agreements (collectively the “Agreement”), applies to and governs Your use of the Services and serves as the agreement between RT FRAUDSCORE ANALYTICS LTD, a company incorporated and existing in Nicosia, Cyprus, whose principal office is at Dimofontos, 39 3rd floor, Flat/Office 301 1075, Nicosia, Cyprus also doing business as FraudScore (“We,” “Us,” or “Our” or “provider” or “Provider”) and You (“You” or “Your” or “client” or “Client” or “customer” or “Customer” or “CUSTOMER”). You and We are each a “Party” and collectively referred to herein as the “Parties.”
If You are using the website or FraudScore’s services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to this Agreement. For the purpose of this Agreement, You (and, if applicable, the company or entity that you represent) will be referred to as You.
By signing to accompany this Agreement, by electronic signature or otherwise, or by accessing or registering, using Our Services (Effective Date), You agree to be bound by this Agreement and all terms incorporated by reference (including when you are using FraudScore’s services on behalf of a company). If You do not agree to this Agreement, You are not allowed to use the website or FraudScore’s services.
Questions about this Agreement may be directed to: sales@fraudscore.mobi.
SUBJECT OF AGREEMENT
The subject of the present Agreement is provision by the provider for a fee of the FraudScore’s services to the client under terms and conditions stated herein and/or in the Order form. During rendering of the FraudScore’s services the client sends data to the provider for data analysis. The provider analyses this data using the provider’s own algorithm to store and present the client’s data. The provided data will be stored / used to identify an abnormal Traffic to decrease his costs for unwanted marketing activities. A technical integration needs to be done on client side according to the technical instructions provided by the provider.
1. DEFINITIONS
Capitalized terms used in this Agreement are defined herein and incorporated by reference into the Pricing Statements. Capitalized terms defined in the Pricing Statements but not defined in the Agreement are incorporated by reference herein. “Billing Practices” has the meaning set forth in Section 4.
“Confidential Information” has the meaning set forth in Section 17.
“Data” (“DATA”)” refers to all information that You collect and/or ask Us to analyze and check through the FraudScore’s services.
“FraudScore’s services (“Services” or “Service” or “SERVICE”)” - the online, web-based and mobile-based applications ordered by You through an Order Form and provided by FraudScore via http://fraudscore.ai or other designated websites or IP addresses or mobile applications, as communicated to You by Our Platform.
“Software” (“SOFTWARE”)” shall mean any FraudScore’s software code owned and controlled by Us or one of our affiliates or are licensed to Us, including without limitation scripts, which shall be installed on the Customer’s webpage(s) lawfully owned or controlled by the Customer, for the purpose of providing FraudScore’s services.
“Personal Data” refers to Data that is linked to an individual’s device and can specifically identify that individual. In the FraudScore Platform, usernames, email address and phone numbers are considered Personal Data.
“Pricing Statement” - systematic list of valid FraudScore’s services with the prices that published on http://fraudscore.ai and/or described in an Order Form.
“Order Form” shall mean either (a) a document signed by both parties identifying FraudScore’s services purchased by You and made available by FraudScore pursuant to this Agreement or (b) Your selection and acceptance of a specific pricing tier for FraudScore’s services, which are set forth in the dashboard of FraudScore’s services.
“Intellectual Property Rights” shall mean on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
2. YOUR ACCOUNT
You assume sole responsibility for maintaining the confidentiality and security of the username and password used to manage Your account. You agree to assume sole responsibility for all activities that occur under Your account or via use of Your password.
3. LICENSE
We hereby grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access, use and implement Our Services, Our websites, Platforms and Materials (collectively, the “User Licenses”) subject to the terms of this Agreement. The User Licenses do not include or authorize: (a) any resale or commercial use of Our Materials therein.
4. BILLING PRACTICES AND PAYMENT
4.1. The terms of this section are collectively referred to as “Billing Practices.” You agree to be bound by Our Billing Practices in effect at any given time. Additional information regarding term and termination, if any, may be located in a Pricing Statement. The Parties agree to the following reciprocal pricing principles:
4.1(i). If You are using FraudScore’s services, billing begins on the Effective Date, and thereafter We will invoice You according to Your Pricing Statement. Except as otherwise set forth in an Order Form, if You incur overages, We will invoice You at the end of each calendar month in arrears for such overages. If, during the calendar month, You wish to upgrade to a new pricing plan (“Upgrade”), You must choose to Upgrade. If You choose to Upgrade, the billing month and Your pricing plan will re-start, and Your new pricing plan Fee for the Upgrade will be credited based on any unused portion of Your original pricing plan. You will be billed the pricing plan Fee in advance of each billing period.
4.1(ii). The prices paid hereunder are non-refundable.
4.1(iii). Except as otherwise set forth in an Order Form, the FraudScore’s services will automatically renew on a monthly basis unless and until You terminate the FraudScore’s services by providing written notice to FraudScore (email is acceptable) or selecting the cancellation option on the dashboard of the FraudScore’s services. Such termination will be effective as of the last day of the calendar month during which such termination notice is received.
4.1(iv). Except as otherwise set forth in an Order Form, fees due hereunder will be billed to Your credit card and You authorize the card issuer to pay all such amounts and authorize FraudScore (or its billing agent) to charge the credit card account until You or FraudScore cancels or terminates the FraudScore’s services as set forth herein; provided that if payment is not received from the credit card issuer, You agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which You shall be responsible to pay. FraudScore may use various billing service providers. When using such provider’s services, you agree to be subject to, and to comply with, the terms and policies of such provider. FraudScore shall not be liable and/or responsible for any acts or omissions of such billing providers.
4.1(v). Except as otherwise set forth in an Order Form, You authorize Us to provide and bill for Your use of the Platforms and Services when You exceed the limit, and such invoices shall be sent by email or by FraudScore’s services, due and payable within ten (10) days following the end of each calendar month. All Service Fees (as described in the Pricing Statements) are payable according to this Agreement in United States currency or the euro. You are responsible for any fees associated with sending a wire transfer and for any costs or indebtedness resulting from currency exchange. Payments made via automatic credit/debit card billing will appear on the active credit/debit card bill as “FraudScore.” You acknowledge and agree that We will not be required to obtain additional authorization for each monthly billing. Payment is due upon receipt unless stated otherwise in a Pricing Statement.
4.2. You are responsible for paying any and all applicable sales, use or withholding tax (if any) due to all taxing authorities arising from, or in connection with, Your participation in the Platforms or use of the Services including, without limitation, taxes and related fees, costs and penalties incurred by You, Your Partners and any third party network operators pursuant to the applicable state’s tax law.
4.3. Failure to use the Platforms or the Services does not constitute a basis for refusing to pay any of the associated Service Fees. You are responsible for all Service Fees incurred on or before the effective date of termination, even if such Service Fees do not become due and payable until after the effective date of termination. You will not receive any refund or prorated refund for amounts previously paid or amounts owed up to the effective date of termination. We reserve the right to send Your account to collections for nonpayment and to use Your information for debt collection purposes if Your Services are terminated.
4.4. If You fail to make any scheduled payment for accrued Service Fees, such overdue amounts are subject to interest charges in amount of five hundredths percent (0.05%) from the unpaid sum for every delay day, but not more than ten percent (10%) from the debt amount and your account may be suspended or deactivated for non-payment or pending chargeback disputes.
4.5. In case there is any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of any data provided by the Customer, FraudScore is expressly authorized to retain Your account balance / payments until such incident has been resolved.
5. SUPPORT
As part of the Services, You will have access to email or chat support from Our support team. Absent special circumstances, all support will be provided in the English Language.
6. DISCLAIMERS
EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT OF ALL APPLICABLE LAWS, THE WEBSITES (INCLUDING ALL INFORMATION THEREON), THE SERVICES AND PLATFORMS ARE PROVIDED BY US AS A NEUTRAL HOST AND ON AN “AS IS” BASIS, AND WE DISCLAIM: (I) ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, WEBSITES, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (II) ANY WARRANTY THAT THE PLATFORMS, OUR PRODUCTS, SERVICES OR INFORMATION WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS; AND (III) LIABILITY FOR ANY THIRD PARTY’S SECURITY METHODS AND PROTECTION PROCEDURES. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SERVICES AND/OR ASSOCIATED PRODUCTS. YOU MUST USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, WE GIVE THROUGH THE PLATFORMS, WEBSITES, AND/OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED HEREIN.
You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within Your account, including, but not limited to Your Data.
7. REPRESENTATIONS AND WARRANTIES
7.1. You represent and warrant that, in the event You are collecting Data from End Users directly (including, without limitation, through Your websites or services), You have provided to such End Users legally-sufficient notice (including, without limitation, by posting a legally-sufficient privacy policy that discloses Your use of the Data for marketing purposes and data analysis), and have obtained any legally-required informed consent from such End Users, regarding the collection, use and sharing of any such user Data. Likewise, You represent and warrant that, in the event You are obtaining Data about End Users indirectly from one or more third parties (including, without limitation, Partners, ad networks, publishers, advertisers, and/or data partners), You have contractually required each such third party to provide legally-sufficient notice to End Users (including, without limitation, by posting a legally-sufficient privacy policy) at the point of Data collection, and to obtain any legally-required informed consent from such End Users, regarding any collection by such third party of any such user Data (including, without limitation, IP addresses, mobile device identifiers, or other identifiers).
7.2. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. EACH PARTY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NEITHER PARTY SHALL MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER PARTY TO ANY THIRD PARTY.
7.3. You are to provide FraudScore with all the documentation or its equivalents, needed for identification of the Parties, ascertainment of the legal fact and fulfilment of its obligations under this Agreement, within ten (10) calendar days from the date of a respective request.
8. LIMITATIONS OF LIABILITY
8.1. IN NO EVENT SHALL YOU OR WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN AGREEMENT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED BY USING THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY RECORDS, PROGRAMS OR SERVICES.
8.2. LIABILITY OF US IN ANY CASES, INCLUDING CLAUSE 9.1. HEREOF, IS LIMITED TO A TOTAL MAXIMUM OF EUR 1 000 (ONE THOUSAND). ALL OTHER LIABILITIES ARE EXCLUDED.
9. INDEMNIFICATION
9.1. Claims Against You. We, at Our own expense, will defend, indemnify and hold You harmless against any losses, damages, liabilities, penalties, costs and expenses, including without limitation reasonable attorneys’ fees, and pay any settlement amounts or awarded damages arising out of any third party claim, suit or action to the extent that such claim, suit or action is based upon an allegation that: (i) Our performance of any of Our obligations contemplated under this Agreement infringes on any rights of any third party (including, without limitation, any intellectual property rights, privacy rights or publicity rights); or (ii) We have breached any of Our obligations, representations or warranties hereunder. The foregoing obligations are conditioned on You promptly notifying Us in writing of such claim.
9.2. Claims Against Us. You, at Your own expense, will defend, indemnify and hold Us and Our Subsidiaries and Vendors and Suppliers and Our directors, officers, employees, shareholders and representatives harmless against any losses, damages, liabilities, penalties, costs and expenses, including without limitation reasonable attorneys’ fees, and pay any settlement amounts or awarded damages arising out of any third party claim, suit or proceeding, to the extent that such claim, suit or action is based upon an allegation that: (i) Your performance of any of Your obligations contemplated under this Agreement infringes any rights of any third party (including, without limitation, any trade secret, trademark, copyright, or patent or other intellectual property right of any third party, privacy rights or publicity rights); or (ii) You have breached any of Your obligations, representations or warranties hereunder. The foregoing obligations are conditioned on Us promptly notifying You in writing of such claim.
10. GOVERNING LAW AND JURISDICTION
10.1. This Agreement is governed by and construed in accordance with applicable law of the Republic of Cyprus, without regard to principles of conflicts of laws.
11. DATA PROTECTION
11.1 Clients are obliged to inform their users about the option to reject analytics / tracking according to the respective data protection laws of the country. Where applicable users must have the option to opt out of analytics / tracking.
11.2 Deletion of existing FraudScore Accounts: Clients who do not comply with the requirements have to delete their FraudScore Account, as this information has been collected illegally.
12. SUSPENSION
Notwithstanding any of the provisions of this Agreement, We reserve the right to immediately suspend Your use of the Services and Platforms (“Suspension”) where We believe that: (a) You breached this Agreement; (b) You or Your Partners are conducting commercial activities that are not fully compliant with all applicable local, state and federal laws and regulations.
13. TERMINATION
Upon termination, the following terms apply: (a) the User Licenses and any and all other licenses and rights granted to You in connection with this Agreement will immediately cease and terminate. You are responsible for any outstanding balances and balances incurred.
14. CANCELLATION
If not agreed otherwise clients may cancel the service at any time. Cancellation requires to be in written form by sending an Email to sales@fraudscore.mobi or by cancelling the service within the FraudScore’s services. If not agreed otherwise We may cancel the service at any time. Cancellation requires to be in written form by sending an Email of the Client or by cancelling the service within the FraudScore’s services. If not agreed otherwise the Service Fees accrued until the end of current billing period and are be billed according to the applicable pricing plan together with the respective Fee.
15. MISCELLANEOUS
15.1. FORCE MAJEURE
Other than for payment obligations arising hereunder, the Parties agree that neither You nor We will be liable for failure to perform caused by acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity. You or We will give Us or You notice and will use commercially reasonable efforts to minimize the impact of any such event.
15.2. ELECTRONIC SIGNATURES
You acknowledge and agree that by submitting an electronic version of Your signature through an electronic signature program as a means of accepting this Agreement, You are submitting a legally binding electronic signature and are entering into a legally binding Agreement.
15.3. SEVERABILITY AND SURVIVABILITY
If any provision or any portion of any provision of this Agreement is held to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions hereof. The following sections will survive any termination of the Agreement: Termination, Confidentiality, Pricing Statement, Pricing, Billing Practices and Payment, Representation and Warranties, Limitation of Liability, Indemnification, Restrictions, Fraud Detection Provisions and Data, Privacy, Retention and Restricted Data.
15.4. MODIFICATION OF THE AGREEMENT.
We reserve the right, at our sole discretion, to change or modify whole or portions of the Agreement at any time without further notice. Changes to the Agreement will be posted on the http://fraudscore.ai. Your continued use of the FraudScore’s services after any such changes constitutes your acceptance of the new Agreement . If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the FraudScore’s services. Any amendment to the Agreement published on the http://fraudscore.ai will be immediately applicable to Users and Visitors.
16. INTELLECTUAL PROPERTY
Trademark and Copyright License. Each Party hereby grants to the other Party a non-exclusive royalty-free license, during the Term, to use, publicly display and perform, distribute and display the trademarks, including logos as part of or in connection with promotion and marketing. You acknowledge that any suggestions, comments, or other feedback that You provide to FraudScore with respect to the website, the FraudScore’s services, or any other FraudScore product or service (collectively, “Feedback”) will be owned by FraudScore, including all Intellectual Property Rights therein, and will be and become FraudScore’s Confidential Information (as defined below). You acknowledge and agree that FraudScore will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as FraudScore sees fit, without obligation or restriction of any kind. At our request and expense, You agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback. By submitting the Feedback in any manner to Us, You grant us the unlimited, non-revocable, perpetual, royalty-free, worldwide right and license, at our discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to You. If We accept Your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than You.
17. CONFIDENTIALITY
Confidential Information/Non-disclosure. Each of the Parties acknowledges that in the course of discussions and/or certain transactions between the Parties, it will obtain from the Disclosing Party Confidential Information relating and/or belonging to the Disclosing Party, which is of a confidential and of a proprietary nature. “Confidential Information” as used in this Agreement means information of any kind that is disclosed to the Receiving Party, or any of its affiliates, by the Disclosing Party, or any of its affiliates, in oral, written, graphic, machine recognizable matter and identified as ‘confidential’ or ‘proprietary’ or is otherwise of confidential nature or based on the provisions of this Agreement.
Each Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use (except as permitted by the Agreement) or divulge to any third party all or any portion of a Disclosing Party’s Confidential Information. Each party agrees to restrict access to the other party’s Confidential Information only to those employees or consultants who (i) require access in the course of their assigned duties and responsibilities and (ii) have agreed in writing to be bound by provisions no less restrictive than those set forth herein or are under a legal obligation or ethical duty to be bound by the confidentiality obligations contained herein.
Each party agrees that the following information will not be considered Confidential Information, information that: (i) is or becomes generally available to the public or part of the public domain through no fault of the Receiving Party; (ii) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; (iii) information that was in the Receiving Party’s possession or known by such Receiving Party prior to receipt from the Disclosing Party as evidenced by its prior written records; or (iv) was rightfully obtained from a third party without violation of law or any duty of confidentiality.
Each party acknowledges that any unauthorized disclosure or use of the Confidential Information may cause the Disclosing Party imminent irreparable injury and that such party may be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief (without the need to post bond) in the event the Receiving Party does not fulfill its obligations under this Section. Notwithstanding the foregoing; neither party shall be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government, provided that notice (where permitted by law or regulation) is promptly given to the party whose Confidential Information is to be disclosed so that such party may seek a protective order and engage in other efforts to minimize the required disclosure. The parties shall cooperate fully in seeking such protective order and in engaging in such other efforts.
18. RESTRICTIONS
Unless otherwise indicated, the FraudScore’s services and all content, including, without limitation, entire or partial algorithms, code and code segments, trading strategies, data transformations, data analysis and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas and other information and materials, and the selection and arrangement thereof, are Our proprietary property or are licensed to Us and are protected by Republic of Cyprus and international intellectual property laws. Any use, copying, redistribution and/or publication of any part of FraudScore’s services, other than as authorized by this Agreement or expressly authorized in writing by Us, is strictly prohibited. In addition, the look and feel of the FraudScore’s services, Platforms and Our websites is part of Our Marks and may not be copied, imitated or used, in whole or in part, without Our prior written permission. You do not acquire any ownership rights to the Platforms or any of Our Materials made available by and through the Services, Platforms, or Our websites, and We reserve all rights not expressly granted in this Agreement.
If FraudScore has protected its FraudScore’s services by technical means (e.g. security codes, firewalls, etc.), the Customer is not allowed to circumvent or remove such security measures.
19. DATA, PRIVACY, RETENTION AND RESTRICTED DATA
Client owns, and retains all right, title and interest in Data. Client may modify the categories of Data processed by the Service through configuration of the Services. Accordingly, to the extent the Services are configured as such, Data may contain personally-identifiable information. FraudScore shall not transfer Data to third parties except as set forth in this Agreement or as directed by Client. Client represents and warrants that Client is permitted to collect, use and transfer Data through the Services.
Any personally identifiable information or Personal Data, as such term is defined under the EU General Data Protection Regulation 2016/679 (“GDPR” and “Personal Data” respectively) provided to FraudScore on Client’s behalf, if any, and the processing thereof, shall be governed under the terms and conditions set forth in the FraudScore Data Processing Agreement (“DPA”). A current version of the DPA executed by FraudScore is available at https://fraudscore.ai/dpa, and shall become effective as of May 25 2018. FraudScore shall provide prior notification to Client in writing (email is sufficient) upon any material change to the DPA. Except where explicitly agreed otherwise in writing, signed on behalf of the Parties, the DPA is an integral part of this Agreement. Unless otherwise explicitly agreed in writing by the Parties, it is agreed and acknowledged that with respect to any personally-identifiable information and Personal Data included in the Data, Client shall be considered as the Controller and FraudScore shall be considered as the Processor (as such terms are defined under the GDPR and the DPA).
FraudScore may use aggregated anonymized data, from time to time, for analytics, improvement of the Services and internal purposes (“Aggregated Data”). Aggregated Data may include data derived from the Client’s Data, provided that Aggregated Data does not contain data solely derived from Client’s Data and does not identify or trace to Client or any of Client’s end users.
FraudScore publishes a privacy policy, as required under applicable law, which describes FraudScore’s collection and use of data. A current copy of FraudScore’s privacy policy is available at https://fraudscore.ai/privacy (“Privacy Policy”). FraudScore shall provide prior notification to Client in writing (email is sufficient) upon any material change to the privacy policy. FraudScore and its agents may process Data outside of the jurisdiction of Client.
FraudScore’ is required by certain third parties to delete data they provide after a specified period of time. As such, FraudScore may delete Data provided by such third parties in accordance with its standard data retention policies.
Client may only provide to FraudScore, or otherwise have FraudScore (or anyone on its behalf) process, such Data types and parameters which are explicitly permitted under FraudScore’s Privacy Policy (“Permitted Controller Personal Data Types and Parameters”, as also defined under the DPA). Solely Client (and not FraudScore) shall be liable for any data which is provided or otherwise made available to FraudScore or anyone on its behalf in excess of the Permitted Controller Personal Data Types and Parameters (“Excess Data”). FraudScore’s obligations under the Agreement or the DPA shall not apply to any such Excess Data.
Without derogating from any of the obligations of Client hereunder, Client shall not provide to FraudScore any data regarding children, or any health, financial, or insurance data or other data subject to specific regulatory or statutory protection regimes, except as may otherwise be expressly agreed in writing between the parties and in accordance with applicable law.
We will retain Your Data for 3 months in order to provide You services by FraudScore. If you wish to cancel your account or request that we no longer use Your information to provide You services contact us at sales@fraudscore.mobi. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce this Agreement.
20. FRAUD DETECTION PROVISIONS
20.1. YOU SHALL NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.
20.2. In order to combat fraud, FraudScore also reserves the right to: (i) Decide whether to suspend the abnormal traffic / the client’s data feeds or sources of the Customer, or any online campaigns of Customer unilaterally without further explanation of the reasons of such suspension (if FraudScore has a reasonable legal right to effect such actions as described above, including through FraudScore’s affiliates); (ii) To ask the Customer to submit to FraudScore the additional information about the abnormal traffic / the client’s data / materials, methods of conducting online campaigns, as well as any other reasonable information in this connection, which at FraudScore’s sole discretion is or might be helpful for identifying and preventing fraudulent actions against FraudScore or any other third party; (iii) Based on the principles specified by the Interactive Advertising Bureau (IAB) – IAB Anti-Fraud Principles and Taxonomy, – do not provide the Customer with additional information on the detected abnormal traffic / the client’s data to avoid the risk of adaptation approaches used by fraudsters.
20.2. In addition to the above, the Customer agrees with requirements of FraudScore on that: (i) Any online campaign or action of the Customer must be conducted in accordance with all applicable local, state, national and international laws and regulations; (ii) During the term of using FraudScore’s services by You, the Customer is prohibited from using the illegal, libelous, offensive, fraudulent, obscene or otherwise objectionable materials, as well as the materials that contain viruses or which are otherwise able to interfere or attempt to interfere with the proper operation of the FraudScore’s services / Software.
21. SERVICE AVAILABILITY
21.1. Upon receipt of the Service, the Customer may notify FraudScore in writing regarding any obvious defects and we shall timely remedy any such defects. In such case, the Customer shall provide FraudScore with any information or documents required to analyze or debug the Software and/or the Service, and shall provide FraudScore with access to the Customer’s servers if it is reasonably necessary for the purposes of the defects detection and elimination, and hereby grants its approval to provide such access to FraudScore.
21.2. No claim by the Customer for a breach of any representation or warranty by FraudScore shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to the Customer and/or actually known by the Customer prior to this Agreement termination.
22. ASSIGNMENT AND SUBCONTRACTING
FraudScore may assign, transfer, subcontract or encumber any right or obligation under this Agreement, in whole or in part, to its affiliates or other third parties without any prior approval of the Customer. The Customer shall not assign, transfer, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without the FraudScore’s prior written consent.