Auth Capture End-User Terms of Service
These end-user terms of service (“Terms”) constitute a binding and enforceable agreement between Rustica Loggia INC. (“Auth Capture”) and you (“User”, “You”) each time you use the Auth Capture Services. User and Auth Capture shall collectively be referred to as the "parties" and each as a "party".
By accepting these Terms electronically or by using the Services, you agree to comply with these Terms, so please be sure to read these Terms carefully each time you use the Services. If you do not agree to these Terms, you cannot use any of the Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Auth Capture AGREE THAT DISPUTES BETWEEN YOU AND Auth Capture WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Auth Capture WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT AS DETAILED IN THE ARBITRATION SECTION BELOW.
1. Contact Us
For any inquiry you have regarding these Terms, the Services, your Data, and the way Auth Capture handles it, or otherwise, please contact Auth Capture at: support@authcapture.com
2. The Services
2.1. Subject to these Terms, and to the extent Auth Capture has accepted your Transaction, Auth Capture allows you to complete a failed transaction and purchase your desired goods or services (“Transaction”) from the third party supplier ("Merchant" and “Services” or "Auth Capture Services" respectively).
2.2. Auth Capture will process your Transaction and collect and process your payment related to the Transaction. Please be aware that the Transaction might appear in your billing statement as conducted by Auth Capture and not directly by the Merchant. In addition, once Auth Capture is able to complete the Transaction, and if technically possible, Auth Capture will send you an electronic message confirming the completion of the Transaction. To the extent applicable, Auth Capture will cooperate and support you with initiating a refund request for a Transaction. However, it is hereby clarified that the Merchant is solely responsible for and liable to the goods and services purchased while using Auth Capture Services, including for any product warranty, shipment, etc., and Auth Capture explicitly disclaims nor assumes any responsibility or liability for the same and for any consequences resulting from your engagement with the Merchant, including for any agreements concluded with the Merchants.
2.3. It is hereby clarified that Auth Capture is an independent, third-party service provider that is not affiliated with any Merchant. You acknowledge and agree that your use of the Services does not in any way constitute a tri-party agreement between you, Auth Capture, and any Merchant.
3. Restrictions of Use
3.1. By using the Services, you represent and warrant that you are at least 18 years of age and that you will not use the Services for any fraudulent, unlawful, or abusive purpose. You hereby agree to comply with all applicable laws, rules, and regulations, including those regarding data privacy, intellectual property rights, and export control. You may not, directly or indirectly:
- (i) access or attempt to access the Services by any means other than the interface provided or authorized by Auth Capture;
- (ii) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
- (iii) use the Services to store, share, or transmit content that is unlawful, infringing, harmful, or violates any person’s rights, including privacy rights and intellectual property rights;
- (iv) attempt to disable, impair, or destroy the Services; or
- (v) reverse engineer or decompile the Services.
4. Background Checks
4.1. Auth Capture uses proprietary analysis tools to evaluate your ability to successfully complete your payments with Auth Capture. You hereby acknowledge and agree that Auth Capture may perform an initial background check (and subsequent periodic follow-up checks) on you to determine whether Auth Capture is willing and allowed to approve the purchase of your invoices from Merchants (each a “Background Check”).
4.2. Each Background Check may, without limitation, include a review of the following information, which you hereby expressly authorize and consent to: (i) your Data (as detailed and defined below); (ii) credit history, including a hard/soft pull of a personal or business credit score or credit report from one or more credit bureaus (Auth Capture's standard offering should not have a negative effect on your credit scores); (iii) data transmitted by Merchants; and (iv) information from public or private sources that we obtain directly or from third-party service providers, including banks and payment processors.
4.3. You acknowledge and agree to cooperate with Auth Capture with respect to Background Checks and shall promptly, upon request, provide any information, documentation, or consent that Auth Capture may require to perform a Background Check. You further acknowledge that any failure to provide the foregoing information and said cooperation may preclude your ability to complete the Transaction with the Merchant through the Services.
5. Payments
5.1. There are no finance charges or any interest payment which are associated with the Services provided to you by Auth Capture; you will be billed just the amount of the Transaction. Notwithstanding anything to the contrary, you acknowledge that: (i) the issuer of your preferred method of payment may charge interest or other charges in accordance with the issuer’s terms and conditions, and Auth Capture will not be liable for these additional charges; and (ii) failure to comply with these Terms may incur additional fees and charges to you.
5.2. Auth Capture will convert any Transaction made in foreign currency into U.S. dollars based on the conversion rate as of the end of the prior business day. The conversion rate is provided by a third party and may differ from other exchange rates.
5.3. Auth Capture reserves the right to conduct a pre-authorization transaction which is a temporary hold placed by Auth Capture reserved for future payment of the Transaction. This hold usually lasts up to 5 days, depending on the issuer, or until we settle the Transaction.
6. Your Data
6.1. You hereby acknowledge that Auth Capture may collect, use, store, and transmit certain data, including Personal Data that identifies you, including but not limited to your name, Internet Protocol Address, Transaction information, Background Check data, contact information, and billing information, all as detailed in the Auth Capture Privacy Policy (“Data”).
6.2. Your Data, including any intellectual property rights thereto, shall remain your sole and exclusive property and shall be subject to the confidentiality obligations set forth herein. You grant Auth Capture a limited, worldwide license to use, process, and retain the Data as detailed in the Privacy Policy.
7. Intellectual Property Rights
7.1. Auth Capture owns all rights, title, and interest (including intellectual property rights) in and to the Services, its website, and technology. If you choose to give Auth Capture feedback or suggestions about any part of the Services, website, or technology, Auth Capture may use them without any limitations.
8. Warranties; Disclaimers; Limitation of Liability
8.1. EXCEPT AS PROVIDED IN THESE TERMS, Auth Capture PROVIDES THE SERVICES “AS IS”, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND Auth Capture EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES - STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. Auth Capture FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Auth Capture BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA (INCLUDING END-USER INFORMATION), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT Auth Capture HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Auth Capture’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED 10 U.S. DOLLARS.
9. Limitation on Liability
9.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Auth Capture OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD-PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT,