IMPORTANT: These Terms include an arbitration and class action waiver provision in Section 19. Please read carefully.

1. Scope and Acceptance of These Terms

These Terms of Service (the “Terms”) govern access to and use of the website located at https://evereye.com and related websites operated by Evereye, Inc. (“Evereye,” “we,” “us,” or “our”) (collectively, the “Sites”), as well as Evereye-hosted portals, verification interfaces, integrations, and fraud-protection features made available by Evereye (collectively with the Sites, the “Services”), except where separate terms expressly govern.

“Merchant” means a business that contracts with Evereye to obtain Services. “Authorized User” means a person authorized to access Services on behalf of a Merchant. “Shopper” means an individual whose transaction with a Merchant may be reviewed by Evereye. “You” refers to a person accessing the Sites or Services in a capacity to which these Terms lawfully apply.

By creating an Evereye account, clicking to accept these Terms, or accessing and using Services made available to you directly by Evereye, you agree to these Terms to the extent permitted by applicable law. If you do not agree, do not access or use those Services. The mere fact that Evereye evaluates a Shopper’s purchase in the background on behalf of a Merchant does not, by itself, mean the Shopper has affirmatively agreed to these Terms.

If you are acting for a Merchant, you represent that you are authorized to bind that Merchant. A separate merchant services agreement, order form, protection agreement, addendum, or other signed agreement with Evereye (a “Merchant Agreement”) governs commercial terms, fees, service levels, chargeback protection, eligibility, and reimbursements. If a Merchant Agreement conflicts with these Terms, the Merchant Agreement controls for that Merchant and the covered Services.

2. Changes to These Terms

We may amend these Terms to reflect changes in the Services, law, technology, or business practices. We will post the revised version on our Sites and update the effective-date legend. Material changes will be communicated when and in the manner required by applicable law or an applicable Merchant Agreement.

Continued use of Services after revised Terms become effective may constitute acceptance where permitted by law. Changes do not retroactively alter an existing signed Merchant Agreement unless that agreement expressly permits the change. If you do not agree to revised Terms, you must stop using the affected Services, subject to any applicable Merchant Agreement.

3. Overview of the Services

Evereye provides fraud screening, transaction risk analysis, identity and order verification, and related services for e-commerce Merchants. Depending on the Services selected and the Merchant’s integration, Evereye may receive order and transaction data, analyze indicators of possible unauthorized or fraudulent activity, request or review additional information, and return an order assessment or status to the Merchant.

Fraud-protection services may use automated technology together with human review. In some cases a transaction may be approved, declined, flagged for review, or placed into a pending status. The meaning and operational effect of each status depend on the applicable integration, technical documentation, and Merchant Agreement.

Evereye also publicly describes additional offerings, including chargeback management, Rapid Checkout™, payment-related integrations, and PayPath™. Those offerings are not automatically included in a Merchant’s fraud-protection subscription and may be governed by separate commercial or product terms.

4. Fraud Screening and Verification

To assess transactions, Evereye may use information supplied by a Merchant, a Shopper, payment or commerce service providers, identity verification sources, publicly available information, and other sources described in our Privacy Policy. Fraud screening may involve patterns relating to a transaction, contact or address information, device and network data, payment verification indicators, and purchase behavior, as applicable.

Evereye or a Merchant may request additional verification, including confirmation of order details, contact information, or identity. The failure to complete a requested verification may result in a delayed review or an unfavorable risk assessment. The Merchant remains responsible for its customer-facing decisions, communications, fulfillment, refunds, and legal obligations, except to the extent an applicable Merchant Agreement expressly assigns a task to Evereye.

Fraud assessments are probabilistic risk evaluations, not factual determinations that any person has committed fraud. An approval does not by itself establish that a payment is authorized or settled, that a transaction satisfies legal requirements, or that goods or services should be delivered. A decline or pending status likewise does not establish wrongdoing by a Shopper.

5. Relationship with Merchants; Purchases and Order Fulfillment

Evereye ordinarily performs fraud-protection services for Merchants as an independent service provider. Unless expressly stated in a separate agreement, Evereye is not the seller of goods or services offered on a Merchant’s store and is not responsible for product quality, inventory, pricing, shipping, delivery, warranties, returns, or customer support for those purchases.

A Shopper’s purchase contract is with the Merchant, not Evereye. Questions or disputes about an order, charge, cancellation, return, refund, or shipment generally should be directed to the Merchant. A Merchant is responsible for communicating its own sales terms and privacy disclosures, obtaining any legally required notices or permissions, and complying with card network rules and applicable law.

Unless Evereye is separately contracted and expressly authorized to provide a payment-related service, use of the fraud-protection Services alone does not authorize Evereye to debit cards, initiate bank transfers, receive purchase funds, or remit merchant proceeds. Those functions are not included merely because order information is submitted for screening.

6. Merchant Accounts, Credentials, and Authorized Users

Certain Services require an account or access credentials. Merchants and Authorized Users must provide accurate registration information, maintain appropriate access controls, and keep credentials confidential. Each Merchant is responsible for access granted to its personnel and other authorized parties and for activities occurring through its accounts, except to the extent caused by Evereye’s breach of its obligations.

You must promptly notify Evereye through its published contact channels if you suspect compromised credentials, unauthorized account access, or misuse of the Services. Evereye may require additional verification before resetting account access or making sensitive account changes.

Individuals registering a business account must be at least 18 years old and authorized to act for the relevant business. The Services are not designed for children to open direct Evereye accounts. These age requirements do not change the fact that a Merchant may submit transaction data relating to a Shopper in connection with fraud screening, subject to applicable law and our Privacy Policy.

7. Authorized Use and Prohibited Conduct

You may use the Services only for lawful, authorized purposes and in accordance with these Terms, applicable documentation, and any Merchant Agreement. In particular, you must not:

• use another person’s identity, account, or credentials without authorization, or submit knowingly false or materially misleading information;
• access, probe, scan, or test a system or network without permission, or attempt to bypass technical restrictions or security controls;
• reverse engineer, scrape, copy, or systematically extract content, data, or risk outputs except as expressly authorized by law or a written agreement;
• interfere with systems or submit malicious code, automated abusive traffic, or requests designed to degrade performance;
• use the Services for unlawful surveillance, discriminatory practices, identity theft, unauthorized payment activity, or other unlawful purposes;
• submit data you are not lawfully permitted to disclose or use, or share account access beyond your authorized organization; or
• help another person engage in any of the foregoing activities.

8. Privacy, Personal Data, and Security

Our Privacy Policy, available at https://evereye.com/privacy/, explains how Evereye collects, uses, shares, and retains Personal Data and the rights or choices that may apply. Our Cookie Policy, where applicable, addresses cookies and related tracking technologies.

Merchants are responsible for having a lawful basis to provide transaction and personal data to Evereye and for meeting their own notice, consent, security, and data-protection obligations. If a separate data-processing agreement applies, it governs the respective parties’ obligations for the data processing covered by that agreement.

Evereye may use and disclose transaction-related information to deliver fraud monitoring, identity verification, and other contracted Services, including communicating risk assessments to Merchants, as further described in the Privacy Policy and relevant agreements. Nothing in these Terms substitutes for consent or another lawful basis where required by applicable privacy law.

You must not send payment credentials, identity documents, or other sensitive information through an insecure or unauthorized channel when an approved secure submission method is available. No Internet-based system is completely free from security risk; users should promptly report suspected unauthorized access or security incidents through Evereye’s published contact channels.

9. Service Communications and Verification Requests

When required for a transaction review, account security, service delivery, or support, Evereye may contact a Merchant, Authorized User, or Shopper through appropriate communication channels, such as email, telephone, or text message, where authorized and permitted by law. The nature and frequency of communications depend on the relevant transaction and Service.

By providing a contact method directly to Evereye for a requested verification or account function, you represent that it is accurate and that you are authorized to provide it. A fraud-verification message is not marketing consent. Marketing messages, if any, are subject to separate applicable consent and opt-out requirements. Carrier charges may apply to text messages.

Where required by law, we will honor applicable communication preferences or opt-out requests. An inability to contact you or receive requested information may affect a verification review, but does not authorize us or a Merchant to disregard applicable consumer protections.

9.1 SMS Terms and Conditions

(a) When you opt-in to Evereye, you agree to receive OTP and fraud-prevention alert text messages related to verifying your transactions, fraud prevention alerts and security updates.

(b) You can cancel the SMS service at any time. Just text “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

(c) If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at chargeback@evereye.com.

(d) Carriers are not liable for delayed or undelivered messages.

(e) As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

10. Fraud-Related Chargeback Protection and Other Claims

Evereye advertises fraud-related chargeback protection for eligible Merchant transactions. The availability, scope, conditions, exclusions, claim procedures, documentation requirements, time limits, and form of reimbursement for any such protection are determined exclusively by the applicable Merchant Agreement and any specific protection program terms incorporated into it.

An order assessment, a marketing description, or general use of the Sites does not independently create a reimbursement right. This section does not limit a reimbursement or other protection expressly promised in an applicable Merchant Agreement.

Chargeback management for disputes unrelated to fraud, where purchased, is a separate Service. Outcomes of disputes involving card networks, acquiring banks, issuers, or other third parties are subject to those third parties’ processes and decisions. Except for an express written commitment, no particular dispute outcome is warranted.

11. Merchant Fees, Trials, and Billing

Merchant pricing, applicable percentages or fixed charges, free-trial terms, invoicing, payment terms, renewals, cancellation, and any other commercial obligations are governed by the Merchant Agreement and/or the offer expressly accepted by the Merchant. Merely accessing the Evereye website or being a Shopper whose purchase is screened does not create an obligation to pay Evereye a fee.

If a trial or recurring commercial subscription applies, the applicable offer and agreement must disclose its duration, charges, and cancellation requirements. Nothing in these Terms changes rights provided by applicable automatic-renewal or consumer-protection laws.

12. Third-Party Platforms and Integrations

The Services may connect to e-commerce platforms, payment gateways, applications, service providers, and other third-party systems (collectively, “Third-Party Platforms”). Those parties may impose separate terms, privacy notices, and technical requirements. Evereye does not control and is not responsible for third-party products or services, except as expressly stated in a Merchant Agreement or required by law.

A Merchant is responsible for maintaining its own integrations, access rights, configuration settings, and compliance with third-party requirements, except for any implementation or maintenance services expressly undertaken by Evereye. Platform outages, incomplete submissions, missing data, or configuration errors can affect fraud assessments and workflow outcomes.

13. Changes, Availability, and Suspension of Services

We may improve, update, or modify features of the Services. We may also suspend access where reasonably necessary to address security incidents, unlawful use, material policy violations, suspected misuse, or technical risks. Any suspension, material reduction in contracted functionality, or termination of Merchant Services remains subject to the applicable Merchant Agreement and mandatory legal requirements.

We do not represent that website functions will be uninterrupted or error-free. Where a Merchant Agreement specifies availability, support, service levels, or remedies, those provisions control.

14. Intellectual Property and Feedback

The Sites, software, interfaces, documentation, text, graphics, logos, trademarks, service marks, processes, and other proprietary materials supplied by Evereye (collectively, “Evereye Materials”) are owned by Evereye or its licensors and protected by applicable intellectual property laws. Except for the limited rights necessary to use the Services as authorized, no rights in Evereye Materials are granted.

You may not copy, sell, publish, modify, reverse engineer, distribute, or otherwise exploit Evereye Materials except as permitted by law or an express written agreement. Third-party names and marks remain the property of their respective owners.

If you submit product suggestions or feedback, you grant Evereye permission to use the ideas for improving the Services without compensation or attribution, provided this does not transfer ownership of your confidential information or personal data contrary to a binding agreement or applicable law. Copyright-related complaints may be submitted through https://evereye.com/contact-us/; a legally required notice procedure, if applicable, is not replaced by this general contact channel.

15. Disclaimers and Allocation of Risk

EXCEPT FOR EXPRESS COMMITMENTS IN A MERCHANT AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVEREYE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

FRAUD SCREENING REDUCES OR MANAGES CERTAIN RISKS BUT DOES NOT MAKE ANY PARTICULAR TRANSACTION LEGITIMATE, COMPLETE, COLLECTIBLE, OR COMPLIANT WITH LAW. EVEREYE DOES NOT WARRANT THAT EVERY FRAUD ATTEMPT WILL BE DETECTED, THAT EVERY NONFRAUDULENT ORDER WILL BE APPROVED, OR THAT EVERY THIRD-PARTY SYSTEM WILL BE AVAILABLE.

THE FOREGOING DISCLAIMERS DO NOT OVERRIDE ANY EXPRESS, WRITTEN FRAUD-CHARGEBACK REIMBURSEMENT OR OTHER SERVICE GUARANTEE GIVEN TO A MERCHANT UNDER THE APPLICABLE MERCHANT AGREEMENT, AND DO NOT LIMIT RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEREYE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE UNDER THESE WEBSITE TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

THIS LIMITATION DOES NOT MODIFY ANY DIFFERENT LIABILITY ALLOCATION OR PAYMENT OBLIGATION EXPRESSLY AGREED TO IN A MERCHANT AGREEMENT, INCLUDING ELIGIBLE FRAUD-CHARGEBACK REIMBURSEMENTS. IT ALSO DOES NOT EXCLUDE LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED. ANY FURTHER MONETARY CAP FOR WEBSITE-ONLY CLAIMS MUST BE SET OUT IN AN EXPRESSLY AGREED, LEGALLY ENFORCEABLE PROVISION.

17. Indemnification

To the extent permitted by law, a Merchant using the Services will defend, indemnify, and hold harmless Evereye and its personnel against third-party claims, damages, and reasonable expenses arising from the Merchant’s unlawful conduct, material breach of these Terms or its Merchant Agreement, or unauthorized provision of data to Evereye, except to the extent caused by Evereye’s own breach, negligence, willful misconduct, or other conduct for which indemnification is prohibited by law.

The scope of any indemnity applicable to a Merchant is subject to and may be replaced by the indemnification language in the applicable Merchant Agreement. This section does not impose a merchant-style commercial indemnity on a Shopper merely because a Merchant has submitted the Shopper’s order for fraud analysis.

18. Termination and Effect of Termination

You may stop using publicly accessible portions of the Sites at any time. Merchants may request account closure or termination under the procedures and notice periods, if any, in their Merchant Agreements. Evereye may terminate or restrict access to accounts or Services for material breaches, fraud-related misuse, or other grounds permitted under the applicable agreement or law.

Upon termination, access rights may cease, but provisions that by their nature should survive will continue as legally enforceable, including provisions concerning intellectual property, confidentiality, accrued payment obligations, dispute resolution, liability limitations, and data handling. Personal Data may be retained or deleted as described in our Privacy Policy and any applicable agreements or laws.

19. Dispute Resolution; Binding Arbitration and Class Action Waiver

IMPORTANT NOTICE: THIS SECTION CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR RIGHT TO BRING A CLAIM IN COURT OR PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW IT CAREFULLY.

a. Informal resolution

Before starting a formal proceeding concerning these Terms, the parties will first attempt in good faith to resolve the dispute by providing a written description of the issue and a requested resolution through https://evereye.com/contact-us/, identified as a “Legal Dispute Notice.” If the matter has not been resolved within 30 days after notice is received, either party may proceed as permitted below.

b. Arbitration

Except as provided below, a dispute arising out of or relating to these Terms or direct use of the Sites or Services that cannot be resolved informally will be resolved by individual binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules then in effect. Consumer disputes, if any, will be administered under applicable AAA Consumer Arbitration Rules; business-to-business disputes not governed by a Merchant Agreement will use the applicable AAA Commercial Arbitration Rules. The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement to the extent applicable.

c. Exceptions and mandatory rights

Either party may bring an eligible individual claim in small-claims court. Either party may seek relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property. Nothing in this section requires arbitration where prohibited by law or waives rights or remedies that applicable law makes non-waivable. If a Merchant Agreement provides a different dispute resolution mechanism, that agreement controls.

d. Individual proceedings

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. TO THE SAME EXTENT, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL FOR CLAIMS REQUIRED TO BE ARBITRATED.

e. Fees, location, and procedure

AAA filing, administrative, and arbitrator fees will be allocated in accordance with the AAA rules that lawfully apply to the dispute. Proceedings may be conducted remotely where required or permitted by the governing rules or applicable law. The arbitrator may grant relief available under applicable law, and judgment on an award may be entered in a court with jurisdiction.

f. Severability specific to class waiver

If a court of competent jurisdiction determines that the class or representative action waiver is invalid as to a particular claim or remedy and that issue cannot lawfully be arbitrated on an individual basis, that claim or remedy will proceed in court to the extent required by law; the remaining claims will be resolved as otherwise provided by this section.

20. Governing Law and Courts

These Terms are governed by the laws of the State of New York, without giving effect to conflict-of-law rules, except where federal law or other mandatory law requires otherwise. Subject to the arbitration provision and any controlling Merchant Agreement, any court proceeding permitted by these Terms will be brought in a state or federal court of competent jurisdiction located in New York, and the parties consent to the jurisdiction of such courts to the extent permitted by law.

This choice of law and forum does not deprive an individual of non-waivable protections or forum rights provided by applicable consumer law.

21. General Provisions

a. Entire agreement and order of precedence

For website-only access, these Terms and the policies expressly incorporated into them set out the applicable general rules for the Sites. For Merchants, the Merchant Agreement and its incorporated documents control commercial obligations and take precedence over conflicting provisions of these Terms.

b. Severability

If a provision of these Terms is held unenforceable, the remaining provisions remain effective to the extent lawful and consistent with the parties’ intent.

c. No waiver

Failure to enforce a provision is not a waiver of that or any other provision. A waiver must be in writing and signed by an authorized representative.

d. Assignment

You may not assign rights under these Terms without Evereye’s prior written consent, except as an applicable Merchant Agreement or law allows. Evereye may assign its rights and obligations in connection with a corporate reorganization, merger, or sale, subject to applicable law and Merchant Agreements.

e. Force majeure

Neither party is responsible for a failure to perform caused by circumstances outside its reasonable control, other than payment obligations already due, except to the extent a Merchant Agreement or law provides otherwise.

f. No agency or third-party beneficiaries

These Terms do not create a partnership, joint venture, fiduciary relationship, or employment relationship. Except as expressly stated, no third party has rights under these Terms.

g. Headings

Section headings are for convenience and do not affect interpretation.

22. Questions and Contact Information

Questions about these Terms or Evereye’s Services may be submitted through https://evereye.com/contact-us/. Questions about the goods, services, shipment, refund, or charge associated with a purchase from a Merchant should ordinarily be directed to that Merchant.

Evereye, Inc. | Website: https://evereye.com | Contact: https://evereye.com/contact-us/