Legal

These Terms form a binding agreement between ChargePilot and the business that installs or uses the Service (the “Merchant,” “you,” or “your”), and apply to every person who accesses the Service through your account.

These Terms incorporate, by reference, our Privacy Policy and the following: the data-processing terms in Section 11; the acceptable-use rules in Section 7; the fees set out on our pricing page or in the order form or plan you selected; and the applicable card-network program and operating rules (including the Visa and Mastercard rules) by which you are bound. A breach of an incorporated document is a breach of these Terms.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date. A change that does not affect the authority these Terms give ChargePilot over your transactions or funds, the Fees, the allocation of liability between us, or how Your Data is processed — for example, a clarification, the description of a new feature, or a change required by law or by a card network — takes effect when posted, and your continued use of the Service after that constitutes acceptance to the extent permitted by law.

A material change — one that expands or alters the authority these Terms give ChargePilot to refund, accept, or otherwise act on your transactions or funds, that changes the Fees, that changes the limitation of liability or the indemnities, or that changes how Your Data is processed — does not take effect against you by continued use alone. We notify you of a material change in the Service and require you to accept the updated Terms there before the change applies to your account; until you accept, the prior Terms govern your account. Instead of accepting, you may stop using the Service or terminate it under Section 12, including by disconnecting or uninstalling from your Payment Processor’s side (Section 3).

The following capitalized terms have the meanings below:

• “Representment” means analyzing a filed dispute, assembling a dispute response drafted with the assistance of artificial intelligence, and either submitting that response to your payment processor before the applicable response deadline or, where your payment processor or acquirer accepts responses only outside ChargePilot, delivering the prepared response to you to submit before that deadline.
• “Prevention” means features designed to stop a chargeback before it is filed, including automated refunds and cardholder verification triggered by Stripe Early Fraud Warning (“EFW”) signals, and the resolution of card-network pre-dispute alerts as described in Section 4.5.
• “EFW Email” means an Early Fraud Warning verification email sent to a Cardholder, displayed as “{Merchant} via ChargePilot” with ChargePilot’s physical postal address as the sender-of-record address.
• “Alert Data” means pre-dispute alert data sourced from the card networks’ alert programs — Ethoca for Mastercard and Verifi Rapid Dispute Resolution (“RDR”) for Visa — through a third-party alert infrastructure provider (see Section 4.5).
• “Checkout Capture” means the optional ChargePilot script you may embed on your checkout page, which collects the data described in our Privacy Policy (IP address as observed by our servers, and limited device data) solely to build dispute evidence (see Section 4.9).
• “Payment Processor” means the payment platform whose disputes or pre-dispute alerts the Service handles for you — currently Stripe, Shopify Payments, PayPal, Square, Braintree, Adyen, Authorize.net, NMI, Clover, or Amazon Pay. For a Payment Processor or acquirer that offers no dispute API — currently Authorize.net, NMI and Clover — and for a dispute you log by hand, Representment is hand-delivered: you log the dispute notice (or forward it), the Service builds the response package, and you submit it yourself.
• “Connected Account” means your account with your Payment Processor, connected to ChargePilot through an account-scoped authorization (for Stripe, an account-scoped Stripe App using OAuth; for Shopify Payments, the ChargePilot Shopify app; for Square, a scoped, revocable OAuth authorization; for Clover, the ChargePilot Clover app using OAuth; for PayPal, Braintree, Adyen, Authorize.net, NMI, and Amazon Pay, API credentials you provide, which ChargePilot stores encrypted and which you can rotate or revoke at that platform at any time).
• “Integration” means a third-party system you connect to ChargePilot at your direction (for example, your store, subscription, or support platform).
• “Cardholder” means an individual whose payment card was used in a Merchant transaction. A Cardholder is not a user of, and has no direct relationship with, ChargePilot.
• “Your Data” means the data ChargePilot accesses or receives from your Connected Account and Integrations, the data collected through Checkout Capture where you activate it, and the data you provide, in order to deliver the Service.
• “Fees” means the amounts payable for the Service, as set out on our pricing page or in your order form or plan.

To use the Service you connect your Connected Account and, optionally, one or more Integrations. You authorize ChargePilot to access the data made available through those connections in order to provide the Service. You may revoke a connection at any time from the Service’s settings or from the relevant provider; revoking access may disable some or all features.

You agree to provide accurate, current, and complete information during onboarding and to keep it up to date — including your legal business name, your billing statement descriptors where Prevention enrollment uses them, and the business identifiers used for card-network enrollment (see Section 4.5). You are responsible for safeguarding your account credentials and for all activity that occurs under your account and your authorized users.

Depending on the features you enable, the Service performs the following on your authorization and instruction. ChargePilot analyzes your disputes and alerts, drafts dispute responses with the assistance of artificial intelligence, and executes the prevention actions you have configured. Responses are reviewed before submission where ChargePilot submits; hand-delivered packages are released to you for review and upload. ChargePilot is not your bank, payment processor, insurer, or guarantor, and does not assume ownership of, or liability for, your underlying transactions, your products or services, or your relationship with your customers or with your Payment Processor.

4.1 Representment

The Service analyzes dispute and transaction data and Integration evidence and generates a dispute response drafted with the assistance of artificial intelligence. Responses are prepared by ChargePilot and reviewed before submission where ChargePilot submits; hand-delivered packages are released to you for review and upload. No response is submitted automatically without that review. Where your payment processor or acquirer accepts dispute responses only through its own portal, by email or by mail, ChargePilot prepares the response and provides it to you to submit; you are responsible for submitting it before the deadline. ChargePilot cannot see the decision on a response you submit yourself: you agree to tell us how the dispute ended when your acquirer decides, and we will ask you after you have submitted it. On Stripe, PayPal, Square, Braintree, Adyen, and Amazon Pay, ChargePilot submits the approved response; on Shopify Payments, ChargePilot places the approved response on the dispute and Shopify includes it in the response it sends by its due date. We monitor response deadlines and escalate internally as a deadline approaches; if a response cannot be completed and approved before your Payment Processor’s deadline, the dispute may go unanswered, and we will notify you of the missed deadline and the reason. We do not guarantee that any dispute will be won or that any evidence will be accepted; all dispute determinations are made solely by issuing banks, card networks, and your payment processor.

4.2 Prevention

Where you enable Prevention, the Service can (a) respond to Stripe Early Fraud Warning signals by issuing an automated refund and/or sending a cardholder verification email, and (b) resolve card-network pre-dispute alerts as described in Section 4.5 — under the Ethoca policy you configure, and for Visa RDR at the network level — in each case to stop a chargeback before it is filed. EFW Emails are displayed as “{Merchant} via ChargePilot” and are subject to Section 7. You are solely responsible for maintaining a sufficient balance in your Connected Account to fund any refunds the Service may issue. For Square, a refund the Service issues is funded from your Square balance and, where that balance is insufficient, from the bank account linked to your Square account, under Square’s terms; Square may hold such a refund pending for up to fourteen (14) days while it obtains the funds and may reject it if it cannot. A Square refund that is rejected or fails is not a prevention: no prevention Fee is charged for it, and the alert is escalated to ChargePilot personnel for handling. We do not guarantee that any chargeback will be prevented or that a refund will avert a corresponding dispute or fraud claim.

4.3 Automated-Refund Authorization & Mandate

If you enable automated refunds — whether triggered by Stripe Early Fraud Warning signals or by card-network pre-dispute alerts — you authorize, instruct, and mandate ChargePilot to initiate and execute refunds to Cardholders through your Connected Account, in the amounts and at the times determined by the rules you have configured and the Service’s decisioning, without obtaining your case-by-case approval for each refund. You agree that each such refund is an act you have authorized and directed, and that ChargePilot acts solely as your agent to execute it. ChargePilot never holds your Payment Processor’s secret API key; refunds execute through your own account using a scoped authorization you can revoke.

You may revoke this authorization at any time, in whole or for a single network, by turning the automated-refund feature or the relevant network off in the Service’s settings, by disconnecting your Connected Account, or by terminating the Service. Revocation takes effect prospectively when the change is saved: from that moment the Service issues no further automated refunds on the feature or network you turned off. Revocation does not unwind a refund initiated before it took effect. For card-network alerts, de-enrollment is processed by the network and is not instant (see Section 4.5): during that removal window the network may still send alerts, which we hold for your review and do not refund — and for Visa RDR, the network itself may still resolve a case at the network level until the removal completes. You remain responsible to your Payment Processor and to the network for any refund that executes through your account during that window, and a Visa RDR case the network resolves in that window is billed at the normal prevention fee (see Section 4.5).

You understand that the Service may decide to refund a transaction you believe was legitimate — for example, to avoid a chargeback, fee, or fraud-ratio impact it assesses as the worse outcome. To the maximum extent permitted by law, you irrevocably waive, and release ChargePilot from, any claim arising out of a refund issued through your Connected Account in accordance with that decisioning, including any claim that the underlying transaction was legitimate, that the refund was unnecessary, or that you lost the sale, the goods, or shipped inventory. This waiver does not extend to refunds resulting from ChargePilot’s gross negligence, willful misconduct, or fraud, to any non-waivable statutory claims, or to refunds issued outside the parameters you configured.

4.4 Negative-Balance Allocation

ChargePilot connects to your Payment Processor through an account-scoped authorization — it is not a payment platform of record. Accordingly, if a refund issued by the Service causes or contributes to a negative balance in your Connected Account, that negative balance is a matter between you and your Payment Processor and is ultimately your responsibility. ChargePilot does not hold platform-level liability for your account balance and does not assume it. You agree to indemnify ChargePilot for negative balances as set out in Section 15.

4.5 Card-Network Pre-Dispute Alerts

Where you enroll in alert-based Prevention, ChargePilot registers your business identifiers (such as billing statement descriptors or acquirer reference data) with the card networks’ alert programs — Ethoca for Mastercard and Verifi RDR for Visa — through a third-party alert infrastructure provider, and receives Alert Data when a Cardholder disputes a transaction with their bank before a formal chargeback is filed. You control enrollment per network. An Ethoca alert is resolved by an automated refund issued through your Connected Account under the Ethoca policy you configure — refund every matched alert, or refund at or below an amount you set and ask you above it. A Visa RDR case is resolved by the network itself, at the network level, in which case the refund is effected through your Payment Processor without a separate ChargePilot refund action. Visa RDR has no per-case review, threshold, or cap: enrolling in RDR is your standing instruction to Visa to resolve every eligible dispute on your enrolled identifiers by refund at the network level, without notice to you or to ChargePilot before each case. Exceptions to that default (“resolution rulesets”) are attached at the platform level by ChargePilot through the alert infrastructure provider — they are not configured by you in the Service, and ChargePilot attaches none today; if your business needs an exception, contact us before enrolling. Cases the network resolves appear in the Service after the fact where the network’s notice can be matched to a transaction on your account; where it cannot be matched, you may not see the individual case.

Enrollment registers your business with the card networks and can take time to activate. When you turn a network off, ChargePilot begins the removal right away; the card network completes it on its own schedule, and it is not instant. ChargePilot-issued automatic refunds on that network stop the moment you turn it off. Ethoca alerts that arrive before the network confirms the removal are held for your review, are not refunded, and are not charged. A Visa RDR case the network resolves before it confirms the removal is a chargeback genuinely prevented for you and is billed at the normal prevention fee. An alert that we hold, or that cannot be matched to a transaction on your account, is not refunded; when its window ends we report it to the network as not refunded, and the Cardholder’s bank may then file a chargeback, which the Service handles as a dispute under Section 4.1. Fees for Prevention are charged per confirmed prevention only, as set out on our pricing page — never for merely receiving an alert. The one charge that is not a prevention fee is the alert charge described next.

Alert charge after you disconnect. If you disconnect your Stripe Connected Account while a network is still enrolled, ChargePilot begins the removal right away, but the card network completes it on its own schedule, alerts continue to be delivered on your enrolled identifiers until it does, and ChargePilot can no longer issue refunds through your account. Each Ethoca alert delivered on your identifiers before the network confirms the removal, within sixty (60) days of your disconnect, is billed to your ChargePilot billing account as an alert charge at the normal Ethoca fee amount. It is not a prevention fee — no refund is issued and no chargeback is prevented by it — and your receipt describes it as an alert charge. Nothing is charged for an alert delivered more than sixty (60) days after you disconnect. This charge does not apply to Shopify Payments accounts, which carry no such window.

Card-network rules govern. Your use of alert-based Prevention is subject to the Visa Core Rules and Visa Product and Service Rules, the Mastercard Rules, and the alert programs’ own terms, each as amended by the network from time to time; where these Terms and a network rule conflict as to the handling of an alert, the network rule controls. By enrolling a network you authorize ChargePilot to transmit to that network’s alert program, through the alert infrastructure provider, your business identifiers — your billing statement descriptors for Ethoca, and your acquirer BIN and merchant identifier (CAID) or acquirer reference numbers (ARNs) for Visa RDR — and, so that alerts can be matched to your transactions, a reference, the amount and currency, the order number and date, and the Cardholder’s email address for each paid transaction on the enrolled account. Alert Data and the data transmitted for matching are used solely to prevent and resolve disputes and are not shared with anyone else. Your consent to Ethoca enrollment is given in writing when you acknowledge the enrollment disclosure in the Service; the version you acknowledged and the time are stored with your settings, and no network is enrolled without that acknowledgment.

4.6 AI Fight-vs-Refund Decisioning

As part of Representment and Prevention, the Service uses automated, AI-assisted logic — together with the per-network rules and thresholds you configure, where offered — to decide, per dispute or signal, whether to fight (defend) a matter or to refund the Cardholder, and to identify disputes that fall within the concession grounds in Section 4.10. These assessments are generated by software and may contain inaccuracies; they are not legal advice. Whether a dispute is accepted rather than contested is governed by Section 4.10. To protect the integrity of fraud prevention, ChargePilot does not publish the internal signals, scoring, thresholds, or rules used to make these decisions, as doing so would create a roadmap for fraud.

4.7 Integrations & Evidence Review

You may connect Integrations at your direction so the Service can gather evidence to substantiate that an order was placed, paid, fulfilled, and delivered. Where you connect Gmail, the Service uses read-only access (the gmail.readonly scope) solely to locate customer email threads related to a disputed transaction; it never sends, modifies, or deletes messages. Evidence assembled by the Service is reviewed before submission where ChargePilot submits; hand-delivered packages are released to you for review and upload, as described in Section 4.1. Each Integration is provided by a third party under its own terms and privacy policy, and is connected on your authorization; Integrations are your data sources, not ChargePilot’s subprocessors.

4.8 Availability & Maintenance

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and we may modify, suspend, or discontinue features. The Service depends on your Payment Processor, the card networks and their alert programs, and other third-party systems, and we are not responsible for their outages, API changes, enforcement actions, balance or payout behavior, or account restrictions.

4.9 Checkout Capture

Where offered, you may activate Checkout Capture by embedding the ChargePilot capture script on your checkout page. The script collects the data described in our Privacy Policy — the Cardholder’s IP address as observed by our servers at ingestion, and limited device data (user-agent string, screen dimensions, timezone, and language settings) — solely to build and qualify dispute evidence under the card networks’ compelling-evidence frameworks. The script stores nothing on the Cardholder’s device.

Before activating Checkout Capture, you warrant that you have obtained all consents and provided all notices required by the laws applicable to your business and your customers — including, where applicable, e-privacy/cookie rules and state wiretap or interception statutes — for the collection of IP address and device data at your checkout by ChargePilot as your service provider. You must add the checkout-capture disclosure we provide (or a substantively equivalent statement) to your privacy policy before activation and keep it there for as long as the script is active. Your indemnification obligations for Checkout Capture are set out in Section 15.

4.10 Concession — accepting a dispute instead of contesting it

ChargePilot accepts (concedes) a dispute on your behalf only on one of the grounds below — never at its own discretion and never for its own commercial benefit; no Fee of any kind is payable to ChargePilot on an accepted dispute. Every acceptance is recorded on the dispute with its ground, is shown to you in the dispute’s detail in the Service and in the outcome notice we send you, and is carried out by authorized ChargePilot personnel — the Service never accepts a dispute by machine.

• No evidence path. The dispute record holds no evidence capable of prevailing under the card-network rules that govern it. Today this ground covers: a dispute coded as product or service not received where the record holds no shipment evidence and no delivery evidence (no tracking number, and no carrier pickup or delivery scan); a dispute in a class for which the network provides no evidence-based response, such as a fraud-recourse or credit-only program; a dispute on a charge that has already been refunded to the Cardholder; and a dispute that duplicates one already resolved. The Service identifies these disputes automatically and marks them for acceptance; authorized personnel record the acceptance.
• Your instruction. You ask us not to contest a dispute — for one dispute, or through the concession setting in the Service. That setting has three positions: accept only where no evidence path exists (the default, and the first ground above); also accept where the Service’s assessment of the chance of winning is below a percentage you choose, between 10 and 50; or never accept on your behalf. Acceptance under that setting is on your instruction, and every acceptance is still recorded and carried out by authorized personnel as described above.
• Negative expected return. Authorized personnel determine, on the Service’s assessment of the dispute — the disputed amount, the network reason code, the evidence on the record, and your Payment Processor’s dispute fees — that the expected recovery does not justify contesting it. This is a per-dispute decision by a person, made only where that assessment is negative; it is never automated.

Consequences of an accepted dispute. When a dispute is accepted:

• you forfeit the disputed amount — it is not recovered, and the Cardholder keeps the credit;
• your Payment Processor’s dispute or chargeback fee for that dispute applies under its terms and is not returned;
• the dispute counts against you in the card networks’ merchant-monitoring programs exactly as a lost dispute does — under Visa’s Acquirer Monitoring Program (VAMP), which counts every fraud report and dispute on your card-not-present Visa transactions against your settled transactions (Visa’s published Excessive Merchant threshold for the United States is a ratio of 1.5% with at least 1,500 fraud reports and disputes in a month, effective April 1, 2026), and under Mastercard’s Excessive Chargeback Program (ECP), whose Excessive Chargeback Merchant tier begins at a chargeback-to-transaction ratio of 1.5% with at least 100 chargebacks in a month; the networks set and revise these thresholds; and
• no success Fee, fight Fee, or other Fee is charged to you by ChargePilot for that dispute.

To the maximum extent permitted by law, you waive, and release ChargePilot from, any claim arising out of a dispute accepted on a ground in this Section — including any claim that the dispute could have been won, that the evidence was sufficient, or that you lost the sale, the goods, or shipped inventory. This waiver does not extend to an acceptance resulting from ChargePilot’s gross negligence, willful misconduct, or fraud, to any non-waivable statutory claims, or to an acceptance made outside the grounds in this Section.

Fees for the Service are set out on our pricing page and in the order form or plan you selected, and may include success-based fees on recovered disputes — on responses ChargePilot prepared, whether ChargePilot submitted them or you did — and per-prevention fees for confirmed chargeback preventions (charged only when a chargeback is actually prevented, never for merely receiving an alert). Current fee amounts are always shown in the app before you incur any fee; where these Terms state a specific amount, the amount shown in the app at the time of your choice controls if they ever differ; the pricing page and your order form govern. Existing Merchants on grandfathered pricing keep the rates applicable to their plan.

Success fee on a response you submit yourself. When a dispute is won on a response ChargePilot prepared and you submitted, the success fee applies to the amount recovered, which cannot exceed the disputed amount. The fee is charged only after the win is recorded. Where you report the win and the recovered amount is more than $2,000 or differs from the disputed amount, ChargePilot confirms the win with you before any fee is charged.

Managed service. If you have signed a ChargePilot Authorization Agreement, ChargePilot acts for you on the Payment Processors where responses are hand-delivered: using the access you grant under that agreement, we log your disputes, complete their details, prepare the response and upload it to your acquirer’s portal for you. While the managed service is active on your account, the success fee on a dispute won through a hand-delivered response is 25% of the recovered amount, in place of your standard rate. The 25% rate applies only to those disputes: a dispute on a Payment Processor where ChargePilot submits the response through the processor keeps your standard rate, and prevention fees are unchanged. The rate that applies to a win is the one in effect on your account when the response was uploaded to your acquirer. The managed service is not available to an account billed through Shopify or to an account on grandfathered pricing.

For Amazon Pay disputes, Amazon charges its own $20 chargeback fee, which is separate from ChargePilot's fees and is not refunded by Amazon if the dispute is won.

Fight fee. When a dispute-prevention alert exceeds the fight threshold you have set, you may choose to fight the underlying dispute instead of having it prevented automatically. If you choose to fight, a flat $15 fight fee applies at the time of your choice. ChargePilot then prepares and submits the dispute response on your behalf; if the dispute is won, the standard 15% success fee applies to the recovered amount. The $15 fight fee is charged for taking on the fight and is not contingent on the outcome — except that if ChargePilot fails to deliver the fight it was charged for (no response prepared, or a deadline missed through our own fault), the $15 is automatically credited back. If you do not respond to an alert within its decision window, the alert is resolved automatically under your prevention settings and only the applicable prevention fee applies — the $15 fight fee is never charged on a timeout.

• A valid payment method is required to use the Service. Depending on your platform, Fees are billed through Stripe or through Shopify’s billing system.
• Fees are stated in U.S. dollars and are exclusive of taxes; you are responsible for any applicable taxes other than taxes on ChargePilot’s net income.
• You remain liable for Fees that have accrued even if your payment processor fails to settle, remit, refund, or pay out the corresponding amounts.
• We may suspend or restrict the Service for non-payment, and unpaid amounts may accrue interest to the extent permitted by law.

In the event of a conflict between these Terms and the pricing page or order form as to Fees, the pricing page and order form control.

You represent that you operate a lawful business and that your use of the Service complies with all applicable laws, regulations, and card-network rules. You are responsible for the conduct of your authorized users, employees, agents, and contractors.

You represent that you have all rights, authorizations, and lawful bases necessary for ChargePilot to access and process Your Data and Cardholder data to provide the Service, including any notices to and consents from Cardholders required for ChargePilot to send EFW Emails on your behalf and, where you activate it, for Checkout Capture (see Section 4.9). As between you and ChargePilot, you control Your Data, and ChargePilot processes it on your instructions as described in Section 11.

You agree to cooperate with the Service as reasonably needed — including maintaining accurate information, keeping required connections active, keeping your enrolled business identifiers current when they change, and maintaining a sufficient Connected Account balance to fund refunds the Service may issue.

Availability. The Service is offered to businesses established in the United States. You represent that your business is organized under the laws of a U.S. state or of the United States, has its principal place of business in the United States, and holds its Connected Account as a U.S. account, and that you will tell us before you connect an account or a business that does not meet this description. ChargePilot may decline, suspend, or discontinue the Service for a business that does not meet it. If you nonetheless use the Service from outside the United States, or in respect of Cardholders, transactions, or data located outside the United States, you do so on your own initiative, you are responsible for compliance with every law that applies to that use, and you will indemnify ChargePilot for it under Section 15.

This Section governs how you may and may not use the Service. A violation is a material breach of these Terms and may result in the remedies in Section 12. You must not, and must not permit any user or third party to:

• use the Service for any unlawful, fraudulent, deceptive, or abusive purpose, or in violation of any law, regulation, or card-network rule;
• use the Service to circumvent, evade, or defeat card-network rules, processor rules, dispute or fraud-monitoring programs, or to obtain an outcome you are not legitimately entitled to;
• use automated refunds or Prevention to facilitate fraud, money laundering, or collusion, or to manipulate, suppress, or distort dispute, chargeback, or fraud ratios in a manner intended to mislead networks, processors, or acquirers — refunds must reflect genuine, good-faith resolution of transactions;
• submit, or cause the Service to submit, false, forged, altered, or misleading dispute evidence;
• enroll business identifiers or statement descriptors in an alert program that do not belong to your business, or use Checkout Capture on a checkout that is not your own;
• probe, scan, or test the security of the Service, circumvent authentication, access another Merchant’s data, or interfere with the integrity or performance of the Service;
• reverse engineer, decompile, or attempt to derive the Service’s source code, models, scoring, or thresholds, except to the limited extent applicable law expressly permits; or
• resell, sublicense, rent, or use the Service to provide chargeback, dispute, prevention, or messaging services to any business other than your own, except under a separate written agreement with ChargePilot.

7.1 EFW Email rules

Where you enable EFW Emails, you are responsible for their compliance with law and card-network rules as applied to your business. ChargePilot provides the sending mechanism: messages are sent from ChargePilot’s email domain, displayed as “{Merchant} via ChargePilot,” with ChargePilot’s physical postal address as the sender-of-record address. These messages are intended to qualify as transactional or relationship messages — not commercial messages — and that status depends on your conduct. You must:

• keep EFW Emails strictly transactional — they must contain no marketing, advertising, promotional, upsell, cross-sell, or solicitation content of any kind;
• ensure the transaction context you provide is accurate and non-deceptive and correctly identifies your business;
• promptly honor Cardholder opt-out requests and complaints, and not use EFW Emails to harass, threaten, or coerce any Cardholder or to suppress a legitimate dispute; and
• comply with the CAN-SPAM Act and all other applicable anti-spam, electronic-messaging, and consumer-protection laws, and any frequency or volume limits ChargePilot imposes.

Because ChargePilot operates on top of payment processors and card networks, your business and your use of the Service must comply with your payment processor’s and the card networks’ restricted- and prohibited-business rules — in particular, Stripe’s published Restricted Businesses policy (or Shopify’s equivalent for Shopify Payments Merchants) and the applicable Visa and Mastercard rules. Without limiting that requirement, the Service may not be used in connection with illegal goods or services; counterfeit, stolen, or infringing goods; unlawful gambling; pyramid or other deceptive schemes; unlicensed money transmission or other regulated financial services; or any other business prohibited by your payment processor or by card-network rules.

ChargePilot may decline to provide, or may discontinue, the Service to any Merchant in a restricted or prohibited category, or where we reasonably believe a Merchant’s use creates legal, regulatory, reputational, or network-compliance risk.

ChargePilot and its licensors own all rights in the Service, including its software, models, algorithms, scoring, user interfaces, and documentation, and all aggregated and de-identified data derived from operating the Service. Nothing in these Terms transfers any of those rights to you.

As between the parties, you retain ownership of Your Data. You grant ChargePilot a worldwide, non-exclusive license to host, copy, process, transmit, and display Your Data as necessary to provide the Service, and to use Your Data — including in aggregated or de-identified form — to operate, secure, maintain, and improve the Service and its models. ChargePilot’s third-party AI providers act as subprocessors and are contractually prohibited from using Your Data or any Cardholder data to train, fine-tune, or improve their own or any cross-client models.

If you provide feedback or suggestions about the Service, you grant ChargePilot a perpetual, royalty-free license to use them without restriction.

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use that information only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is or becomes public without breach, was already known, is independently developed, or is rightfully obtained from a third party. ChargePilot’s internal fraud-detection logic, scoring, and thresholds are confidential and are not disclosed through the Service.

11.1 Roles of the parties

For Representment and other activity ChargePilot performs on your instruction — analyzing your disputes, enriching evidence from your own connected systems, submitting reviewed evidence to your payment processor, issuing Merchant-directed refunds through your Connected Account, sending EFW Emails, resolving pre-dispute alerts under your configuration, and collecting Checkout Capture data where you activate it — you are the controller (and “business” under the CCPA/CPRA) and ChargePilot is your processor (and “service provider”). For any activity where ChargePilot determines the purposes and means of processing across Merchants — in particular the ingestion of Alert Data across many Merchants, and any model improvement performed on pooled data — ChargePilot may act as an independent or joint controller. Our Privacy Policy describes these roles in detail.

11.2 Processing on your instructions; CCPA commitments

Where ChargePilot acts as your processor / service provider, it processes Your Data only on your documented instructions (including these Terms, your configuration choices, and the Privacy Policy) and as required by law. ChargePilot does not sell or share Your Data, does not retain, use, or disclose it for any purpose other than providing the Service, and does not combine it with personal information from other Merchants except as permitted by applicable law. For Checkout Capture data, ChargePilot acts as your service provider and processes it for no purpose other than the dispute-evidence business purpose.

11.3 Security measures

ChargePilot maintains administrative, technical, and physical safeguards designed to protect data, including:

• encryption in transit using TLS 1.2 or higher (HTTPS-only);
• encryption at rest using AES-256, with AES-256-GCM application-layer encryption for sensitive credentials such as OAuth tokens;
• secrets managed in Google Cloud Secret Manager and not exposed to application code;
• per-Merchant data isolation in Firestore enforced by server-side security rules, hosted in a United States region;
• scoped authorizations — ChargePilot never holds your Payment Processor’s secret API key, and you can revoke access at any time; and
• payment-data minimization: ChargePilot stores dispute results and the last four digits of a card only. It never stores full card numbers (PAN) or Sensitive Authentication Data (such as CVV/CVC, full track data, or PIN); PCI-scope card data stays inside your Payment Processor.

ChargePilot’s application security has been verified at CASA Tier 2 through an independent dynamic application security testing (DAST) scan performed by TAC Security. CASA Tier 2 is an application-security assessment; it is not a SOC 2 examination, and ChargePilot does not claim SOC 2 certification. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

11.4 Subprocessors and international transfers

ChargePilot uses a limited set of subprocessors to provide the Service; the current list is maintained in our Privacy Policy, and we provide notice of changes as described there. ChargePilot stores the product’s data in the United States. Where data is transferred from the EEA, UK, or Switzerland to a country that may not provide an equivalent level of protection, ChargePilot relies on appropriate safeguards, including the European Commission’s Standard Contractual Clauses (SCCs) and the UK International Data Transfer Addendum (IDTA).

11.5 Deletion and retention

ChargePilot retains data while your account is active and as needed for billing, dispute and representment recordkeeping, security, and legal compliance, and deletes it when you delete your account in the Service or on a verified deletion request, except where retention is required by law, in which case it limits further processing to that purpose. Uninstalling an app or disconnecting a Payment Processor disconnects the account but does not by itself delete Your Data; the dispute and billing records above are retained until the account is deleted. Checkout Capture data is retained for 18 months from collection and then automatically deleted (see the Privacy Policy for why). Customer IP addresses that your own integration stamps into charge metadata are held in your Payment Processor account; ChargePilot reads them to build dispute evidence and to assess Compelling Evidence 3.0 readiness, and retains what it reads under the retention above. Outside that category, ChargePilot does not currently enforce a fixed in-life retention time-to-live and does not represent a retention period it does not enforce. Where ChargePilot must retain data to comply with law or resolve disputes, it retains the minimum necessary for that purpose.

These Terms apply for as long as you use the Service. You may stop using the Service at any time by disabling a feature, disconnecting an Integration, or uninstalling the app; you may terminate a particular service line without terminating the others where the Service permits. Revocation of the automated-refund authorization is governed by Section 4.3; deleting your account deletes Your Data as described in Section 11.5. Note that alert-program de-enrollment is processed by the card networks and is not instant (see Section 4.5). We may suspend or terminate your access — in whole or in part — if you breach these Terms, fail to pay, or create risk to Cardholders, networks, other Merchants, or ChargePilot. Where a violation is non-urgent and curable, we will seek to give notice and an opportunity to cure.

On termination, your right to use the Service ends and we disable the relevant connections; refunds and submissions already initiated are not unwound. Provisions that by their nature should survive — including Sections 5, 9, 10, 11, 13, 14, and 15 — survive termination.

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, ChargePilot disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, ChargePilot does not warrant or guarantee that any dispute will be won or any representment accepted; that any chargeback will be prevented, avoided, or reversed; that any alert will be received or acted on in time; that any automated refund will prevent a corresponding chargeback or fraud claim; or that your chargeback ratio, fraud ratio, account standing, or processor access will improve or be maintained. All dispute, fraud, and chargeback determinations are made solely by issuing banks, card networks, and your payment processor.

To the maximum extent permitted by law, ChargePilot will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business, whether in contract, tort, or otherwise, even if advised of the possibility. For the avoidance of doubt, this exclusion includes the value of any goods or inventory shipped on an order that the Service later resolves by an automated refund or a network-level alert resolution, and any lost sale resulting from a refund or prevention decision.

To the maximum extent permitted by law, ChargePilot’s total aggregate liability arising out of or relating to the Service and these Terms will not exceed the total Fees you paid to ChargePilot in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

The Fees, the disclaimers in Section 13, the waivers in Sections 4.3 and 4.10, and the limitations in this Section reflect an agreed allocation of risk between the parties and are an essential basis of the bargain.

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless ChargePilot and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• any negative balance in your Connected Account, including one caused or contributed to by a refund issued by the Service;
• your excessive chargeback or fraud ratios, and any monitoring program, fine, penalty, or account action imposed by a card network, issuer, acquirer, or your payment processor as a result;
• fraud or misconduct by you, your personnel, your customers, or your agents;
• your violation of card-network rules, payment-processor terms, or applicable law;
• your misuse of EFW Emails or breach of Section 7, including any claim under CAN-SPAM or analogous law or any claim by a Cardholder relating to an EFW Email;
• your failure to provide legally required notice of, or obtain legally required consent for, Checkout Capture collection on your properties, including any claim, demand, or proceeding under wiretap, interception, or electronic-surveillance statutes;
• your use of the Service in breach of the availability representation in Section 6, including any claim under the laws of a jurisdiction outside the United States arising from that use; and
• your products, services, transactions, business operations, or breach of these Terms.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Except where prohibited by law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered in Florida, and you and ChargePilot each waive any right to a jury trial and to participate in a class action. Either party may still bring an individual claim in small-claims court for qualifying disputes, and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

• Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and ChargePilot regarding the Service and supersede prior agreements on the subject.
• Assignment. You may not assign these Terms without ChargePilot’s prior written consent; ChargePilot may assign them in connection with a merger, acquisition, financing, or sale of assets.
• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
• Severability and waiver. If any provision is held unenforceable, the remainder stays in effect; a failure to enforce a provision is not a waiver of it.
• Notices. We may provide notices to you by email, through the Service, or by posting; you may contact us using the details in Section 18.
• Publicity. Neither party will use the other’s name or marks in publicity without prior consent, except as required by law.

Questions about these Terms can be sent to support@chargepilot.ai. Privacy questions can be sent to privacy@chargepilot.ai, and suspected security issues or abuse to security@chargepilot.ai.