InterseptX Terms of Service

Agreement to These Terms

These Terms of Service (the “Terms”) govern access to and use of the websites, applications, dashboards, hosted pages, resolution portals, forms, communications, support tools, APIs, integrations, online platform, products, and services (collectively, the “Services”) owned, operated, or made available by Tech Stack Enterprise, LLC, a Wyoming limited liability company, doing business as InterseptX (“InterseptX,” “Company,” “we,” “us,” or “our”).

Acceptance

By accessing or using the Services, clicking through a merchant-branded resolution link, submitting a transaction inquiry, creating an account, using an InterseptX dashboard, browsing our websites, or otherwise interacting with the Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms, policies, guidelines, or product-specific rules made available through the Services or incorporated by reference. Acceptance of these Terms form a legally binding contract between you and us. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, CLICKING THROUGH A MERCHANT-BRANDED RESOLUTION LINK, SUBMITTING A TRANSACTION INQUIRY, CREATING AN ACCOUNT, USING INTERSEPTX DASHBOARD, BROWSING OUR WEBSITES, OR OTHERWISE INTERACTING WITH THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SERVICES. Once these Terms are accepted, these Terms remain in effect until terminated as specifically provided for herein.

Who These Terms Apply To

These Terms apply to all visitors, cardholders, consumers, merchants, resellers, independent sales organizations, payment service providers, processors, banks, contractors, and other users of the Services. If you accept these terms on behalf of an entity, such as your employer or the company you work for, you represent and warrant that you have the legal authority to bind such entity, and you and that entity are jointly and severally responsible for compliance with these Terms and all obligations arising from access or use of the Services. In addition to these Terms and the Privacy Policy, you acknowledge that additional written agreements may apply to you in relation to certain business relationship and/or products or services offered by us. If a separate written agreement conflicts with these Terms, the separate written agreement controls for that business relationship only to the extent of the conflict, and these Terms continue to apply to all other access to and use of the Services.

1. Description of the Services

InterseptX provides a consumer-facing transaction clarification and resolution platform designed to help merchants and their customers resolve billing confusion, subscription questions, cancellation requests, refund requests, and other transaction inquiries before those issues escalate into what may be avoidable disputes or chargebacks.

The Services may include merchant-branded resolution pages, “Billing Help” links, descriptor-based support flows, transaction inquiry forms, refund or cancellation workflows, merchant dashboards, risk controls, customer support tools, reporting, gateway integrations, processor integrations, and related technology.

InterseptX is not a bank, card issuer, card network, acquiring bank, payment processor, consumer reporting agency, debt collector, law firm, or financial advisor. InterseptX provides technology and workflow tools and does not act as an agent, fiduciary, payment intermediary, merchant of record, seller, reseller, or representative of any consumer, merchant, processor, acquirer, gateway, or other provider. The merchant, processor, acquirer, gateway, or other applicable provider remains solely responsible for the underlying sale, product, service, transaction, refund decision, cancellation policy, fulfillment issue, disclosures, recurring billing authorization, customer relationship, and compliance with applicable law unless otherwise expressly agreed in writing by InterseptX.

InterseptX will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, but does not guarantee uptime, availability, response times, or any service level except to the extent expressly stated in a separate written agreement signed by InterseptX, and availability excludes: (i) planned downtime (of which InterseptX shall give advance electronic notice when practicable); (ii) emergency maintenance, security measures, beta features, or suspension under these Terms; and (iii) any unavailability caused by circumstances beyond our reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures, outages, delays, denial-of-service attacks, third-party platform failures, gateway or processor failures, or card network or bank system events.

InterseptX reserves the right to modify the Services, or any part or element thereof, from time to time without prior written notice and without liability, including without limitation: (i) rebranding the Services; (ii) ceasing to provide or discontinuing the development of any particular Service or part or feature or element of the Services temporarily or permanently; (iii) changing eligibility criteria, workflows, routing, risk controls, integrations, forms, or supported processors; or (iv) taking such action as is necessary to preserve InterseptX’s rights or protect the Services, users, partners, or data upon any use of the Services that may be reasonably interpreted as a violation of InterseptX’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, or other destructive or illegal activity. As applicable, you may be notified of such modifications when logging in to the Services.

2. Consumer and Cardholder Use

You may use the Services to identify a charge, ask a question about a transaction, request support from a merchant, request cancellation of a subscription or membership, request a refund where available, receive guided next steps, or otherwise attempt to resolve an issue directly with the merchant.

Submitting a request through InterseptX does not guarantee a refund, cancellation, credit, replacement, reversal, dispute outcome, or any other specific result. All merchant policies, refund windows, product rules, subscription terms, fulfillment records, gateway capabilities, processor rules, and card network requirements may affect the outcome of a request.

You agree to provide accurate, current, and complete information when using the Services and authorize InterseptX, merchants, processors, gateways, banks, and other applicable providers to verify, share, and rely on that information to process, route, investigate, resolve, document, and defend transaction inquiries, refunds, cancellations, disputes, chargebacks, fraud reviews, and related matters. You may not submit false, fraudulent, duplicative, misleading, abusive, unauthorized, automated, or bad-faith requests, and InterseptX may reject, throttle, block, suspend, or report any such requests without liability.

3. Merchant, ISO, Processor, and Business Partner Use

Merchants, ISOs, processors, resellers, and other business users may access the Services only as authorized by InterseptX and any applicable written agreement, order form, onboarding flow, reseller agreement, merchant services agreement, platform rules, or operating instructions, and InterseptX may condition, limit, suspend, or revoke such access based on risk, compliance, security, nonpayment, prohibited business activity, excessive disputes, suspected fraud, partner requirements, violation of these Terms or any other applicable agreement between you and InterseptX.

Business users are responsible for maintaining accurate merchant information, refund and cancellation rules, customer service policies, authorized users, gateway credentials, API keys, descriptor information, website links, billing support paths, and other configuration details, and InterseptX may rely on those details without independently verifying them.

Business users remain solely responsible for complying with all laws, card network rules, processor rules, privacy obligations, advertising rules, negative option and subscription cancellation requirements, refund policies, chargeback and dispute response requirements, sanctions and export controls, and customer service obligations applicable to their products, services, and transactions.

4. Account Access and Security

Certain Services may require credentials, dashboard access, merchant accounts, API keys, or other authentication methods. You are responsible for protecting your credentials and all activity under your account, whether or not authorized by you. You shall ensure that your users comply with these Terms and you understand you are fully liable for any acts or omissions of such users. For the abundance of clarity, InterseptX has no responsibility or liability for any unauthorized access to or use of your account or any credentials associated with your account.

You agree to notify InterseptX promptly, and in any event within twenty-four (24) hours, of any suspected unauthorized access, credential compromise, security incident, or misuse of the Services, and to cooperate with InterseptX’s investigation, mitigation, reporting, and remediation efforts.

InterseptX may suspend or restrict access, disable credentials or integrations, remove content, impose usage limits, or take other protective measures when we reasonably believe it is necessary to protect the Services, merchants, consumers, payment partners, data, network integrity, legal compliance, or InterseptX’s business or reputation, without liability for resulting unavailability or loss of access.

5. Permitted Use and Restrictions

You may use the Services only for lawful purposes and only in accordance with these Terms, any applicable written agreement, InterseptX documentation, usage limits, platform rules, and all applicable laws, rules, and regulations.

You may not: (i) use the Services for fraud, abuse, harassment, deception, or unlawful activity; (ii) use the Services to transmit, disseminate, or upload harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind; (iii) use the Services to disseminate materials that would infringe or violate any third party’s rights, including copyright, trademark, trade secret, privacy, or other proprietary or property right; (iv) attempt to reverse engineer, copy, scrape, crawl, harvest, or misuse the Services or information or data associated therewith; (v) interfere with the operation, security, or integrity of the Services; (vi) submit malicious code or automated requests without authorization or transmit spam, or other unsolicited communications; (vii) disrupt or interfere with another user’s use of enjoyment of the Services; (viii) use or attempt to use another user’s account without authorization or impersonate another person or entity; (ix) misrepresent a transaction, refund request, cancellation request, or merchant relationship; (x) use the Services to violate card network rules, processor rules, consumer protection laws, privacy laws, or other applicable obligations; (xi) use InterseptX trademarks, content, workflows, or technology without written permission; (xii) disrupt or interfere with the security of, or otherwise abuse the Services, system, resources, accounts, servers or networks connected to the Services; (xiii) access for benchmarking or competitive purposes; (xiv) copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Services or any part or element thereof, or attempt to extract the source code thereof.

You may not, without our prior written consent, access the Services: (i) for production purposes; (ii) if you are a competitor of ours; (iii) to monitor the availability, performance, security, pricing, or functionality of the Services; (iv) to develop, train, improve, or benchmark any competing or similar product, service, model, workflow, dataset, or technology; or (v) for other benchmarking or competitive purposes.

You may not, without our prior written consent, sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit, outsource, or otherwise grant access to or make the Services available in whole or in part to any third person, except to your authorized users acting on your behalf and subject to your responsibility for their acts and omissions, or use the Services or any part or element thereof in a scope, with means, or for purposes other than those for which their functionality was created.

6. Transaction Information and User Submissions

Information and data submitted through the Services must be in compliance with these Terms and applicable law, and you are solely responsible for obtaining and maintaining all notices, consents, permissions, legal bases, and authorizations required for InterseptX to collect, receive, use, disclose, transmit, and otherwise process such information and data as contemplated by the Services. When you submit information through the Services, you grant InterseptX a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to host, reproduce, adapt, modify, analyze, use, process, transmit, store, display, disclose, aggregate, de-identify, and share that information as reasonably necessary to provide the Services, communicate with merchants and users, process requests, support integrations, detect abuse, maintain records, improve, secure, develop, and train the Services and related models or workflows, comply with law, respond to legal process, and enforce these Terms. You acknowledge and agree that InterseptX may retain and continue to use such information (including after suspension or termination of these Terms or any other applicable agreement between InterseptX and you) for the foregoing purposes, including but not limited to legal compliance, dispute resolution, enforcement of these Terms or any other applicable agreement between InterseptX and you, internal recordkeeping, and the improvement, analyzing, and operation of the Services. To the maximum extent permitted by applicable law, you shall not have the right to require us to delete, return, or cease use of the information, and any deletion or access request will be handled only as required by applicable law and the InterseptX Privacy Policy.

You represent and warrant that you have the right to provide the information you submit, that the information is accurate, complete, lawful, and not misleading, and that InterseptX’s receipt, use, disclosure, and processing of the information as permitted by these Terms will not violate any law, contract, privacy notice, consent, third-party right, or card network rule.

InterseptX may retain records of inquiries, request outcomes, user submissions, merchant actions, support activity, IP logs, timestamps, device information, fraud or abuse signals, communications, audit logs, and related operational data for as long as InterseptX determines reasonably necessary for operational, legal, regulatory, security, fraud prevention, dispute, chargeback, tax, accounting, backup, analytics, and enforcement purposes, as described in our Privacy Policy and applicable agreements.

You are responsible for ensuring that you and any of your users do not create, transmit, display, or otherwise make available any information that violates the terms of these Terms or the Privacy Policy, the rights of InterseptX, or otherwise is harmful, offensive, abusive, invasive, or otherwise unlawful. You also warrant that you have the necessary rights, consents, notices, permissions, and legal bases to use the information, including submitting the information to InterseptX through the Services and authorizing InterseptX to process and disclose it as contemplated by these Terms.

InterseptX is not obligated to pre-screen, monitor, or filter any information provided by you in order to discover any unlawful nature therein. However, if such unlawful information is discovered or brought to the attention of InterseptX or if there is reason to believe that certain information is unlawful, InterseptX has the right to: (i) notify you of such unlawful information; (ii) deny its use or publication on our website or its insertion to the Services; (iii) demand that you bring the unlawful information into compliance with these Terms and applicable law; and/or (iv) temporarily or permanently remove the unlawful information from our website or Services, restrict access to it, or delete it. In addition, in the event InterseptX believes in its sole discretion that information violates applicable laws, rules, or regulations or these Terms or the Privacy Policy, InterseptX may (but has no obligation to), remove such information at any time with or without notice.

InterseptX may disclose your confidential information to the extent compelled by law, legal process, subpoena, court order, regulator, law enforcement request, card network rule, processor requirement, bank requirement, or as reasonably necessary to protect its rights, safety, security, or prevent fraud or abuse. In such instances, InterseptX will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted) and you shall provide reasonable assistance, at your own cost, if you wish to contest such disclosure. If InterseptX is compelled by law to disclose your confidential information as part of a civil proceeding to which InterseptX is a party, and you are not contesting the disclosure, you will reimburse InterseptX for its reasonable cost of compiling and providing secure access to such confidential information.

7. Privacy and Data Protection

InterseptX implements and maintains commercially reasonable administrative, physical, and technical safeguards designed to protect data collected, used, disclosed, stored, or processed through use or access to the Services. Use of the Services is also governed by the InterseptX Privacy Policy. By using the Services, you consent to the collection, use, disclosure, storage, and processing of information as described in that policy.

InterseptX does not intend to collect or store full card numbers or sensitive authentication data through public-facing consumer forms. Users must not submit full payment card numbers, passwords, bank account credentials, Social Security numbers, protected health information, biometric information, government identification numbers, or other sensitive information unless specifically requested through a secure and authorized process designated by InterseptX, and InterseptX may delete, redact, restrict, or refuse to process such information without liability.

You acknowledge that no system or network can be guaranteed to be completely secure, and InterseptX does not guarantee that unauthorized access, hacking, data loss, or other security breaches will not occur. Accordingly, InterseptX shall not be responsible or liable for any unauthorized access to or use of any data, except to the extent finally determined by a court of competent jurisdiction to have resulted directly from InterseptX’s gross negligence or willful misconduct in failing to implement and maintain commercially reasonable security measures as required in the Privacy Policy. To the maximum extent permitted by applicable law, InterseptX disclaims any liability for indirect, incidental, special, consequential, or punitive damages arising out of or related to any security breach, unauthorized access, or data incident. Any liability of InterseptX arising from or related to a security breach shall be subject to the exclusions and limitations of liability set forth in these Terms and shall not include costs arising from user systems, Third Party Service Provider’s systems, merchant systems, processor systems, gateways, user credentials, or information submitted contrary to these Terms.

You are responsible for maintaining the security of your own systems, accounts, access credentials (if applicable), and for using the Services in a secure manner in compliance with all applicable privacy, data security, consumer protection, marketing, subscription, and payment rules.

8. Payment Card, Gateway, and Network Rules

The Services may interact with payment gateways, processors, merchant systems, chargeback tools, alert services, refund processes, cancellation systems, or other third-party platforms. Those third parties are not controlled by InterseptX, and their rules, availability, fees, requirements, and performance may affect the Services.

InterseptX does not guarantee that use of the Services will prevent all disputes, chargebacks, alerts, fraud reports, monitoring events, card network records, ratio impacts, merchant losses, account holds, reserves, fines, penalties, or other payment-related consequences.

Merchants remain solely responsible for their own compliance with Visa, Mastercard, American Express, Discover, NACHA, FTC, state law, processor, acquirer, gateway, sanctions, anti-money laundering, consumer protection, privacy, subscription renewal, telemarketing, advertising, and other applicable rules and requirements, and must promptly provide InterseptX with information reasonably requested to support compliance, audits, investigations, disputes, or network inquiries.

9. Refunds, Cancellations, and Merchant Decisions

InterseptX may provide workflows that allow a consumer to request or, where merchant rules permit, receive a refund, cancellation, credit, confirmation, clarification, or other resolution. InterseptX does not own the underlying customer relationship or control every merchant policy.

Unless expressly agreed otherwise in writing by InterseptX, the merchant controls and is solely responsible for the refund rules, cancellation policies, subscription terms, product eligibility, abuse controls, customer eligibility, customer communications, disclosures, and final business decision regarding the transaction.

InterseptX is not responsible for a merchant refusing, delaying, reversing, approving, denying, or otherwise handling a refund, cancellation, order, subscription, product, service, or customer issue, and no statement, workflow, status, message, or confirmation in the Services creates a refund, cancellation, credit, reversal, settlement, waiver, admission, or binding decision by InterseptX unless expressly stated in a written agreement signed by InterseptX.

10. Third-Party Services and Links

The Services may incorporate, operate with, or otherwise contain links to merchant websites, gateways, processors, support portals, app stores, analytics services, communication tools, or other third-party websites, products, and services (collectively, “Third Party Service Providers”). InterseptX does not control and is not responsible for any Third Party Service Providers or any of their content, policies, products, services, security, or practices (collectively, “Third Party Services”) and makes no representations or warranties of any kind regarding their availability, functionality, security, performance, or suitability. Your use of Third Party Services is governed by the terms, conditions, and policies of the applicable Third party Service Provider.

You acknowledge that InterseptX may enable or facilitate the sharing of your information with Third Party Service Providers as necessary to provide the Services or as may otherwise be directed by you. You understand and agree that any use or transfer of your information to a Third Party Service Provider is at your sole risk, and InterseptX shall have no liability for any loss, corruption, unauthorized access, downtime, delay, error, fee, charge, rule violation, or other act or omission of any Third Party Service Provider.

To the extent InterseptX identifies or recommends any Third Party Service Provider or other resource, such identification or recommendation is provided solely as a convenience and does not constitute an endorsement or warranty. You are solely responsible for evaluating and selecting any recommended Third Party Service Provider and assume all risks associated with its use. InterseptX shall have no liability for any downtime, unavailability, errors, or damages resulting from the use of Third Party Services.

11. AI Technologies

You understand that certain aspects of the Services may include the use of artificial intelligence (“AI”) technologies, tools, or models (including third-party AI services) in the development, production, deployment, delivery, or support of the Services. You understand that AI technologies may produce content, data, outputs, or recommendations (collectively, “AI-Generated Materials”) that are inaccurate, incomplete, outdated, biased, or otherwise flawed. InterseptX reserves the right, in its sole discretion, to modify, suspend, limit, or remove the use of AI in its development, production, deployment, delivery, or support of the Services at any time and for any reason, and may process inputs, outputs, usage data, and related information through AI technologies and third-party AI services as permitted by these Terms and the Privacy Policy.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INTERSEPTX, AND ITS AFFILIATES, MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO ANY AI-GENERATED MATERIALS AND DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. INTERSEPTX DOES NOT WARRANT THAT THE AI-GENERATED MATERIALS WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY MATERIALS WILL BE SECURE OR NOT LOST OR ALTERED. ALL AI-GENERATED MATERIALS ARE PROVIDED “AS IS” AND ARE USED AT YOUR SOLE RISK. YOU AGREE THAT YOU WILL NOT RELY ON THE AI-GENERATED MATERIALS AS THE SOLE SOURCE OF TRUTH OR AS FACTUAL INFORMATION AND ACKNOWLEDGE IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVISE. INTERSEPTX USES AI-GENERATED MATERIALS TO INCREASE EFFICIENCIES AND PROVIDE CERTAIN INSIGHTS; HOWEVER, THE AI-MATERIALS MAY NOT REFLECT HUMAN EXPERTISE OR OPINIONS AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE.

To the fullest extent permitted by applicable law, InterseptX shall not be liable to you, or any third party, for any loss, harm, damage, or liability arising out of or related to the use or reliance on any AI-Generated Materials. This includes, but is not limited to, errors, omissions, misstatements, or other flaws in the AI-Generated Material. NEITHER INTERSEPTX, NOR ANY OF ITS AFFILIATES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES ARISING FROM OR RELATED TO YOUR USE OF THE AI-GENERATED MATERIALS.

You are solely responsible for reviewing, validating, and using your own discretion to confirm the suitability, accuracy, legality, and compliance of any AI-Generated Materials for your specific use case, including using human review as appropriate, before relying on or using any such AI-Generated Materials for any purpose.

12. Intellectual Property

The Services, including all software, source code, object code, algorithms, models, prompts, workflows, designs, text, graphics, interfaces, dashboards, forms, logos, trademarks, service marks, trade names, trade dress, inventions, patents, documents, templates, databases, reports, know-how, usage data, aggregated or de-identified data, and other content and any parts or elements thereof, are owned exclusively by InterseptX or its licensors and are protected by intellectual property and other laws.

Subject to your ongoing compliance with these Terms, payment of all applicable amounts, and InterseptX’s suspension and termination rights, you receive a limited, revocable, non-exclusive, non-transferable right to access and use the Services only as permitted by these Terms and any applicable written agreement. It is expressly understood that your use of the Services does not grant you any ownership or intellectual property rights therein. For the abundance of clarity, no rights are granted except as expressly stated. Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from InterseptX or the otherwise applicable rights holder. InterseptX reserves all rights to the Services and trade names and trademarks not expressly granted in the Terms.

13. Feedback and Suggestions

If you provide ideas, comments, bug reports, modifications, feedback, suggestions, improvements, concepts, or recommendations relating to InterseptX or the Services, you grant InterseptX a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right and license to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, perform, exploit and use that feedback without restriction, attribution, approval, accounting, confidentiality obligation, or compensation. InterseptX shall have the right to modify or remove any feedback or suggestions provided in the public areas of the website, if any, if InterseptX deems, at its discretion, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise unlawful.

14. Availability, Support, and Changes to the Services

InterseptX may modify, update, suspend, discontinue, restrict, replace, reconfigure, or remove any part of the Services at any time, with or without notice, and without liability to you or any third party. We may also update workflows, forms, rules, support paths, integrations, dashboards, reports, or other features as the platform evolves.

We do not guarantee that the Services will be uninterrupted, error-free, secure, compatible with every system, or available at all times. Scheduled maintenance, third-party outages, gateway failures, processor delays, network interruptions, security issues, or other events may affect availability.

15. No Professional Advice

Information, workflows, statuses, messages, reports, risk indicators, recommendations, templates, and other materials provided through the Services are for operational and informational purposes only. It is not legal, financial, tax, accounting, underwriting, compliance, chargeback, consumer protection, or payment network advice. You should consult qualified professionals regarding your specific obligations.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI-GENERATED MATERIALS, THIRD PARTY SERVICES, REPORTS, WORKFLOWS, DATA, CONTENT, INTEGRATIONS, AND BETA OR EXPERIMENTAL FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” INTERSEPTX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, CORRECTNESS, ACCURACY, AVAILABILITY, RELIABILITY, AND ERROR-FREE OPERATION.

INTERSEPTX AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES AND ANY CONTENT, INFORMATION, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES OR ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, ANY CONTENT, INFORMATION, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE OR ANY THIRD PARTY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INTERSEPTX DOES NOT WARRANT THAT THE SERVICES WILL PREVENT, REDUCE, DETECT, RESOLVE, OR FAVORABLY AFFECT DISPUTES, CHARGEBACKS, REFUND EVENTS, FRAUD REPORTS, CARD NETWORK MONITORING, PROCESSOR ACTIONS, MERCHANT LOSSES, CUSTOMER COMPLAINTS, REGULATORY INQUIRIES, FINES, PENALTIES, RESERVES, TERMINATIONS, OR OTHER ADVERSE OUTCOMES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERSEPTX AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, RELIANCE, OR COVER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, PROCESSING INTERRUPTION, CARD NETWORK ACTIONS, PROCESSOR ACTIONS, ANTICIPATED SAVINGS, CHARGEBACKS, REFUNDS, FINES, PENALTIES, RESERVES, CUSTOMER CREDITS, REPUTATIONAL HARM, OR LOST OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

For the avoidance of any doubt, InterseptX shall not be liable to you for any consequences resulting from: (i) any modification of the Services, or element thereof, including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Services; (ii) deletion of, corruption of, or failure to store any information you input or otherwise provide through the Services; (iii) use of information by you; (iv) any disclosure, loss, or unauthorized use of the credentials or any authorized user; (v) your use of the Services by means of browsers other than those accepted or supported by InterseptX; (vi) the application of any remedies against you by InterseptX, for example if you have committed a crime or conducted a breach of applicable law by using the Services or any part or element thereof; (vii) the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet; (viii) InterseptX’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards; (ix) your use of Third Party Services and/or AI Generated Materials; or (x) your business decisions including but not limited to refund authorization rules, cancellation rules, subscription terms, customer communications, product and service fulfillment, transaction disclosures, billing practices, and related policies as may be applicable or any decisions made by any processor, acquirer, gateway, card network, service providers, or customer in response to any request.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERSEPTX’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO INTERSEPTX FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, EQUITY, OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND WILL NOT LIMIT, REDUCE, OR SUSPEND YOUR PAYMENT OBLIGATIONS UNDER ANY APPLICABLE SERVICES AGREEMENT WITH INTERSEPTX. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless InterseptX and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, service providers, and partners from and against any claims, demands, damages, losses, liabilities, fines, penalties, assessments, chargebacks, refunds, reserves, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (i) your use or misuse of the Services; (ii) your violation of these Terms or the Privacy Policy or any other applicable agreement between you and InterseptX; (iii) your violation of law, regulation, card network rule, processor rule, privacy obligation, consent obligation, or third-party right; (iv) your products, services, customer relationships, merchant policies, refund decisions, cancellation decisions, advertising, billing practices, fulfillment practices, disclosures, recurring billing practices, or transaction activity; (v) any information, content, or data you submit through the Services; or (vi) any allegation that InterseptX’s use, processing, disclosure, or transmission of information or instructions provided by you or on your behalf violated any law, contract, consent, notice, or third-party right. InterseptX reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify InterseptX, and you agree to cooperate with such defense of these claims and not settle any matter without InterseptX’s prior written consent if the settlement imposes any obligation, admission, restriction, or liability on InterseptX or does not fully release InterseptX.

19. Suspension and Termination

InterseptX may suspend or terminate access to the Services at any time, with or without notice, if we believe you, or one of your users, have violated these Terms, created risk, submitted fraudulent or abusive requests, compromised security, violated applicable rules, failed to pay amounts owed under any applicable separate agreement, become subject to sanctions or prohibited business restrictions, triggered excessive disputes or chargebacks, or otherwise used the Services in a manner that could harm InterseptX, consumers, merchants, processors, banks, card networks, or other partners, and InterseptX will have no liability for resulting loss of access, data, opportunities, revenue, or transactions.

You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including accrued payment obligations under the applicable separate agreement, data rights, confidentiality, intellectual property, privacy, disclaimers, limitation of liability, indemnification, suspension and termination effects, governing law, dispute resolution, and any provisions necessary to interpret or enforce these Terms. Upon termination of the Services of any reason all amounts owed to InterseptX under any applicable separate agreement shall be immediately due and payable.

20. Changes to These Terms

InterseptX may, in its sole discretion, change, modify, add, remove, or otherwise update these Terms from time to time by posting a revised version on our website, through the Services, by email, dashboard notice, or otherwise providing notice, and the updated Terms will be effective when posted or on the later effective date stated in the notice. Please check these terms periodically for changes. The “Last Updated” date indicates when the Terms were last revised.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, and if you do not agree to the updated Terms, your sole remedy is to stop using the Services.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles, unless a separate written agreement between you and InterseptX states otherwise.

You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Wyoming, and you consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum or lack of personal jurisdiction.

22. Class Action Waiver and Time Limitation

To the maximum extent permitted by law, you and InterseptX agree that any claim will be brought only on an individual basis and not as a plaintiff or class member in any class, collective, consolidated, private attorney general, mass arbitration, or representative action, and the court may not consolidate claims or award relief to any person other than the individual party seeking relief.

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose, or, if earlier, within one (1) year after the facts giving rise to the claim reasonably could have been discovered, or the claim is permanently barred.

23. Severability and Waiver

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

InterseptX’s failure to enforce any provision of these Terms is not a waiver of that provision or any other right.

24. Entire Agreement

These Terms (including all agreements, policies, guidelines and other materials referenced and incorporated herein) constitute the entire agreement between you and InterseptX regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter, and you acknowledge that you have not relied on any statement, promise, representation, guarantee, or expectation not expressly stated in these Terms or an applicable written agreement signed by InterseptX.

25. Contact Information

Questions about these Terms may be directed to InterseptX at support@interseptx.com or +1 (888) 577-0472.

Legal notices should also be sent to Tech Stack Enterprise, LLC, 1603 Capitol Ave, Ste 413 E251, Cheyenne, WY 82001, or to any updated legal notice address posted by InterseptX or provided in a separate written agreement, and notices to InterseptX are effective only upon actual receipt by InterseptX’s legal department or authorized representative.