Terms of Service

General

Information about RefundKeeper

These terms and conditions ("Terms") are applicable to all services provided by Probably 41 Limited ("RefundKeeper", "us", "our" or "we") to our customers ("you").

When we refer to the "parties" we mean you and us together.

Contact information

You may contact us by sending an email to info@refundkeeper.com ("Contact Information").

Agreeing to the Terms

By creating an Account and using the Services, you agree to the Terms. If you do not agree to the Terms, you may not create an Account or use the Services.

Definitions

"Account" means the account that you register and create on the Site and/or in the App.

"App" means our application accessible via computer and/or mobile device relating to the Services.

"Contact Information" means the information set out above.

"Functions" means the Site, the App, your Account and the Services, jointly.

"Privacy Policy" means our Privacy Policy (refundkeeper.com/privacy) which describes how we process personal data.

"Services" means the services described under section "Description of the Services" below and which we have made available through the Site and the App, together with any such other related services and information made available by us to you.

"Site" means our website (refundkeeper.com) relating to the Services.

The Services

Description of the Services

RefundKeeper provides a platform for handling refund notifications, monitoring consumption data, and managing refund statuses ("Services"). More information about the Services can be found on the Site. To use the Services, a stable internet connection is required.

You can use the Services to monitor and manage your refund requests ("Customer Data") by integrating RefundKeeper with your Apple App Store Connect API.

Setting up an Account

To subscribe to the Services, you must create an Account. You confirm that all information provided to us in the creation of your Account is correct and agree to ensure that the information is accurate at all times. We are entitled to decline or adjust an order from you or shutdown your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account.

Once an Account has been successfully created, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as detailed on the Site and/or in the App.

Credentials for your Account must be kept secure at all times. You may only create one Account. You are not allowed to transfer the Account to another person or to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using our Contact Information.

Ordering the Services

The Services shall be ordered in accordance with the instructions on the Site and the App.

Your order has been confirmed when we send you an order confirmation through email and/or the App. When an order confirmation has been sent, you have entered into an agreement with us.

Your Obligations

Eligible customers

We offer the Services to companies and other legal entities. You warrant that you are authorized to enter into these Terms on the behalf of the legal entity as well as to use all Functions.

These Terms constitute the entire agreement between us in relation to the Services. You warrant that the persons (for example, employees and representatives) you authorize to create an Account and use the Services have read and understand the Terms. You are at all times responsible for the use of the Services under these Terms, including by such persons - as if it was you using the Services.

Use of the Functions

When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You are responsible for all activities that occur under your Account.

You also agree not to:

defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;
contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us, the Site and/or the App in any way;
monitor the Services' availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services' features or user interface; or
resell or in any way redistribute results generated on the Site and/or in the App or use the Services in order to create a competing service or product.

We may have to suspend the supply of any of the Functions to:

deal with technical problems or make minor technical changes; or
update the Functions to reflect changes in applicable laws or satisfy a regulatory requirement.

We will endeavor to contact you in advance in the event we need to suspend the supply of any Services, but may not be able to if the problem is urgent or an emergency.

The materials appearing on the Services are for information purposes only and are not intended to and DO NOT constitute marketing, financial, or any other advice. Those accessing the materials appearing on the Services should not act upon them without first seeking the advice of a marketing, financial, investment, or other professional. The materials should not be used as a substitute for consultation with a professional adviser.

Your use of data

You are responsible for all Customer Data that you use in the Services.

By giving access to Customer Data to the Site and/or the App, you warrant that you are a) entitled to manage the Customer Data in such a way; b) that the Customer Data is legally collected and processed, including that any personal data included in the Customer Data in no way violates applicable data privacy laws; c) that the Customer Data does not include any sensitive personal data, such as medical data, biometrics, or records of religion or political views, as well as high-precision personal location data, such as non-anonymized geographical position of individuals or any other that could be considered sensitive personal data; d) that the Customer Data does not include any viruses, trojans, worms or other malicious software or code, or otherwise may cause any security risk to the Services, RefundKeeper or other customers of RefundKeeper.

Your provision of content

The Site and/or the App include functions for uploading and storing files and other information provided or created by you, such as comments ("Content"). You are responsible for all distribution and other actions taken by you and in your name.

By adding Content to the Site and/or the App, you warrant that you are a) the owner of the uploaded Content, or, b) entitled to manage the Content in such a way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the App.

By adding Content to the Site and/or the App, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content, and we advise you to always keep your own backup of your Content. We do not take any responsibility with regards to the validity of Content provided or created by you.

Prices and Payment

Price information

Payment for the use of the Services is success-based, charged only for refunds successfully prevented. The cost will vary based on the amount of prevented refunds during the billing period. Further details, including pricing specifics, are provided on refundkeeper.com/pricing.

You shall pay all applicable fees as described on the Site and/or in the App for the Services you have selected. The prices for the Services exclude value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be indicated on the order pages when you placed your order or as otherwise notified by us to you in writing.

Price changes

We have the right to change the prices for the Services. If we change the prices, we will notify you in advance.

The new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed.

By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us.

Payment methods

You can pay for the Services through any of the payment methods listed on the Site and/or in the App.

For payments made through a third-party supplier, this third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website.

You agree to pay within the set time for the applicable payment method. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.

Refunds

Unless otherwise expressly set out in these Terms, we do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Services and/or the Functions.

Term and Termination

The agreement is valid from the date you create an Account and continues to be valid during the subscription period ("Subscription Period"). The Subscription Period is 30 days. At the end of each Subscription Period, your subscription will be automatically renewed for another 30-day period.

Your subscription will, however, not be renewed if you terminate it before the end of your current Subscription Period.

You may terminate your subscription by going to the Site or the App and follow the instructions given there or by contacting us via our Contact Information.

Upon termination, your right to access the Services will be revoked. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.

Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

Termination from our side

We reserve the right to terminate or limit the Services if you:

materially breach or otherwise violate these Terms or any other provisions set up by us;
use the Site and/or the App in any way that does not comply with the intended purposes or is otherwise harmful for us or any third person;
in our reasonable opinion, use the Site and/or the App in violation of any applicable law; or
are late in payment.

Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.

Liability and Limitations of Liability

Disclaimer of warranties

Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely, secure or error-free.

Limitation of liability

In no event shall RefundKeeper, its subsidiaries, affiliates or any of their respective employees, officers, directors, agents, partners be liable for:

loss of contracts;
loss of reputation and/or goodwill;
loss of profit, loss of revenue, loss of anticipated savings and/or loss of business; or
indirect, consequential or special loss, damage or liability even if such loss or damage was reasonably foreseeable, arising out of or in connection with your use of the Functions or the performance of our obligations under these Terms.

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under the applicable order/contract. We have no liability if you use the Services under a trial period or otherwise free of charge.

We shall not be liable for any loss or damages unless notice in writing summarizing the nature of the damages (in so far as it is known by you) and, as far as is reasonably practicable, the amount of damages claimed, has been provided to us within 3 months of you becoming aware of the loss or, if earlier, within 6 months from when the loss occurring.

Indemnification

You agree to defend, indemnify and hold harmless RefundKeeper, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:

any Content submitted or posted by you in connection with the Services, on the Site or in the App;
fraud you commit or your intentional misconduct or gross negligence in connection with the Services; or
your violation of any applicable law or rights of a third party.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

Confidentiality

During the term of these Terms and thereafter, the parties undertake not to disclose to any third party information regarding these Terms, nor any other information that the parties have learned as a result of these Terms, whether written or oral and irrespective of form ("Confidential Information").

The parties agree and acknowledge that the Confidential Information may be used solely for the fulfillment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.

The confidentiality undertaking above shall not apply to any Confidential Information that the receiving party can establish is or becomes available to the public (otherwise than by breach of these Terms or any other confidentiality undertaking).

The parties also undertake to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force 3 years after the termination of the Services.

Changes and Additions

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email and/or the App. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site and the App. Amendments to the Terms become effective the business day following the day they are posted.

All new functionalities, features and content introduced and added to the Services, the Site or the App will be subject to what is stipulated in the Terms.

Complaints and Customer Support

If you have any complaints, you may contact our support department by using our Contact Information.

Personal Data and Privacy

You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor. Therefore, you agree to enter into a separate data processing agreement with us.

More information about how we process personal data can be found in our Privacy Policy (refundkeeper.com/privacy).

Property and Intellectual Property Rights

Our rights

The Site and the App are owned and operated by RefundKeeper. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our prior written consent.

License

RefundKeeper grants you a non-exclusive right and license to use the Site, the App and the Services for the sole purpose of us providing the Site, the App and the Services to you. Upon expiry or termination of this agreement, this right and license shall end.

Respect for our property

You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source codes or information for any purposes.

Respect for our intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our prior written consent.

Marketing and Branding Use

By using our services, you grant RefundKeeper the non-exclusive, worldwide, and royalty-free right to use your company name, company logo, app name, and app logo for our marketing and promotional purposes. This includes, but is not limited to, listing you as a customer on our website, in press releases, and in marketing materials. If you wish to opt out of this usage, please contact us at legal@refundkeeper.com to request removal.

Assignment

You may not assign any of your rights or obligations under the Terms to any third party without our prior written consent.

We may assign the Terms, and we may assign, transfer or subcontract any of our rights or obligations under the Terms, to any third party without your prior consent.

Applicable Law and Disputes

All matters relating to the Services and this Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Hong Kong SAR without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Service shall be instituted exclusively in the Hong Kong SAR, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.