ChargeKeep Terms of Service

Last updated: April 18, 2024

Introduction

These Terms of Service (“Terms”) govern your access to and use of the ChargeKeep payment processing, customer relationship management (CRM), and other related services (“ChargeKeep Services” or “Services”). By registering for, accessing, or using the ChargeKeep Services, you agree to be bound by these Terms, which form a binding contract between you and ChargeKeep, Inc.

Eligibility

You must be at least 18 years old and able to enter into legally binding contracts to use the ChargeKeep Services. By agreeing to these Terms, you represent and warrant that you meet these eligibility requirements.

Account Registration and Security

1. Accurate Information: You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.
2. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. ChargeKeep is not liable for any loss or damage arising from your failure to comply with this obligation.

Compliance with Third-Party Services

1. Third-Party Integrations: The ChargeKeep Services integrate with various third-party service providers, including payment processors like Stripe and PayPal. You must comply with all applicable terms, conditions, and policies of such third-party services while using ChargeKeep’s Services.
2. Authorized Use: You agree to use the ChargeKeep Services and any integrated third-party services only for their intended and authorized purposes, as defined in their respective terms of service and acceptable use policies.

Prohibited Conduct

1. Illegal or Unauthorized Use: You may not access or use the ChargeKeep Services for any illegal or unauthorized purpose. You agree to comply with all applicable local, state, national, and international laws, rules, and regulations.
2. Service Integrity: You may not tamper with, hack, modify, or otherwise corrupt the security or functionality of the ChargeKeep Services. Any such misuse may result in the immediate termination of your account.

Intellectual Property Rights

1. ChargeKeep’s Intellectual Property: All intellectual property rights in the ChargeKeep Services, including any software, trademarks, service marks, trade names, and content provided by ChargeKeep, are owned by ChargeKeep or its licensors.
2. Limited Rights: Your use of the ChargeKeep Services does not grant you any rights to the intellectual property of ChargeKeep or third parties, except the limited right to use the Services in accordance with these Terms.

Fees and Payment

1. Applicable Fees: The ChargeKeep Services may be subject to fees as determined by ChargeKeep. Detailed information about such fees is available on our website and through the user interface of our Services.
2. Payment Obligations: All fees are due and payable as stated in the Service, and failure to pay these fees may result in the suspension or termination of your access to the ChargeKeep Services.

Data Protection

1. Privacy Policy: ChargeKeep takes data protection seriously and will handle your personal information in accordance with our Privacy Policy, which outlines how we collect, store, protect, and use your data.

Modification of Terms and Services

1. Changes to Terms: ChargeKeep reserves the right to modify these Terms at any time. When we make changes, we will post the revised Terms on this page and update the “Last updated” date at the top of this document.
2. Changes to Services: ChargeKeep may also change or discontinue all or part of the ChargeKeep Services at any time, without notice, at our discretion.

Termination

1. Termination by User: You may terminate your use of the ChargeKeep Services at any time by deactivating your account.
2. Termination by ChargeKeep: ChargeKeep may terminate or suspend your access to the ChargeKeep Services without notice if you violate any of the terms of these Terms, or for any other reason.

Disclaimer of Warranties

1. “As Is” Basis: The ChargeKeep Services are provided “as is” and “as available” without any warranties of any kind, including that the Services will be operational, error-free, secure, or uninterrupted.
2. No Additional Warranties: No advice or information, whether oral or written, obtained by you from ChargeKeep will create any warranty not expressly stated herein.

Limitation of Liability

1. Exclusion of Certain Damages: To the fullest extent permitted by law, ChargeKeep 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, goodwill, or other intangible losses.

Indemnification

1. User Indemnification: You agree to indemnify, defend, and hold harmless ChargeKeep, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the ChargeKeep Services.

Dispute Resolution

1. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the ChargeKeep Services (collectively, “Disputes”) will be resolved by binding arbitration, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
2. Class Action Waiver: You and ChargeKeep agree that any Disputes will be resolved individually, without resort to any form of class action.

Data Retention and Deletion

1. Data Retention: ChargeKeep will retain your personal data for as long as necessary to provide the ChargeKeep Services, comply with our legal obligations, resolve disputes, and enforce our agreements.
2. Data Deletion: You may request the deletion of your personal data at any time by contacting us at [email protected]. We will respond to your request within 30 days and delete your data, unless we are required by law to retain it.

Governing Law and Jurisdiction

1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ChargeKeep is established, without regard to its conflict of law provisions.

Contact Information

If you have any questions about these Terms, please contact us at [email protected].