PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE DECO WEBSITE OR USING DECO SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE DECO WEBSITE OR USE THE DECO SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

BY ACCESSING THE DECO WEBSITE OR USING THE DECO SERVICES, YOU CONSENT TO OUR PROCESSING OF YOUR INFORMATION CONSISTENT WITH OUR PLATFORM AND SERVICES PRIVACY POLICY.

YOUR USE OF PARTICULAR PAYMENT METHODS ON THE DECO SERVICES MAY ALSO BE SUBJECT TO THE TERMS OF USE AND/OR PRIVACY POLICIES OF OTHER THIRD-PARTY PAYMENT PROVIDERS. YOU SHOULD REVIEW THESE THIRD-PARTY TERMS OF USE AND/OR PRIVACY POLICIES PRIOR TO USING SUCH PAYMENT METHODS. Similarly, the Website may have links to the sites of other companies. We are not responsible for the privacy practices of such third parties. We encourage you to learn about the privacy policies of those companies.

1. What are you agreeing to?

The Parties to this Agreement.

These Terms of Use describe a contractual relationship (“Agreement” or “Terms”) between you (“you” or “your”) and Riskified, Inc. (together with its affiliates, “Riskified,” “we,” “us,” “our”). Your use of the “Deco” service as described below in Section 2 below, and your access to your Deco account information and service through Deco website are referred to as the “Deco Services” or “Services”.

Changes to this Agreement.

Riskified may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. If Riskified makes any changes to this Agreement that it deems to be material, Riskified will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website, or otherwise made available to you, from time to time to see if it has been changed.

Your Eligibility.

To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you’re a ward of the state in Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.

2. How Riskified will serve you?

The Deco Service.

Deco is a product that may allow you to choose an alternative payment method to purchase goods or services from participating merchants (“Merchants”), usually when your original payment method is declined. If you meet Riskified’s eligibility and verification criteria and agree to use the Deco Service, Riskified will work with the Merchant to finance your purchase.

Your Undertaking to Pay.

In order to complete any transaction with us through any Deco Services, Riskified and/or the Merchant, as applicable, will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your consent to those terms for that transaction, including your promise to pay the total payment amount to Riskified, the Merchant, and/or their assigns.

Canceling Transactions.

Riskified may choose not to provide service to you or to specific Merchant sites at any time for any reason, including but not limited to, your history of transactions on our site, the Merchant’s account history or any other reason. Riskified may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.

3. Communication & Notification.

You agree that Riskified may send you communications about the Deco Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Riskified reserves the right to limit access to the Services if you withdraw your consent to receive electronic or other communications. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.

If we need to contact you to service your account or to collect amounts you owe, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:

  • a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
  • any email address you provide to us, or to Riskified’s other merchant customers,
  • automated dialer systems and automatic telephone dialing systems, and
  • pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.

You understand and agree that Riskified may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Riskified or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Riskified may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Riskified, and Riskified does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

At any time, you have the ability to opt-out of receiving marketing communications from Riskified, but you may not opt out of administrative emails (for example, emails about your transactions or policy changes) while you are a registered user. You can opt out by either changing your e-mail preferences or using the link provided at the bottom of each email message. If you believe that you have received an unsolicited email from us, please contact us so that we can investigate.

4. Working with Third Parties.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your Deco account, you acknowledge that Riskified may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Riskified responsible for, and will indemnify Riskified from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

5. Your Use of Deco.

Agreement to Provide Accurate Information.

When you provide information to us, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

We do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at [email protected]. If we become aware that a child under the age of 13 has provided us with personal information, we will delete such information from our files.

Delays in Processing.

In some cases when you attempt to use the Deco Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Riskified, Riskified’s service providers, or the Merchant and can be cancelled at any time until it is confirmed by Riskified. To the extent that Riskified or Riskified’s service providers cancel a transaction that you have authorized due to issues with identification and/or fraud after the Merchant has shipped goods or services to you, you are nevertheless obligated to provide an alternative payment mechanism or return the merchandise to the Merchant.

User Responsible for Fees.

If you use the Deco Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

Access to Your Account.

You are responsible for maintaining the secrecy of the login credentials to your Deco account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Deco account. You are also responsible for maintaining the accuracy of the information in your Deco account.

Site Content.

The information on the site is for informational purposes only. It is believed to be reliable, but we do not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the site and in this Agreement, are subject to change without notice.

Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Riskified.

6. Links to Other Websites.

Links to non-Riskified websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Riskified has no control over the content on such non-Riskified websites. Riskified makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Riskified warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Riskified, you must do so at your own risk. Riskified does not guarantee the authenticity of documents on the Internet. Links to non-Riskified websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

7. Closing Your Account.

You may close your Deco account at any time by contacting us at [email protected]. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Riskified will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Riskified will retain your information in accordance with our Privacy Policy.

8. Dormant Accounts.

Riskified may close your account if you do not log in to the Deco site or use the Services for a prolonged period. Riskified will retain your information in accordance with our Privacy Policy.

9. Feedback You Provide.

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

10. How you may NOT use Deco.

By using the Services, you agree that:

  • You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Riskified;
  • You will not provide false, inaccurate or misleading information;
  • You will not provide information belonging to any person other than yourself;
  • You will not use an account that belongs to another person for yourself or on behalf of another person;
  • You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
  • You will not breach this Agreement or any other agreement or policy that you have agreed to with Riskified;
  • You will not commit unauthorized use of the site and systems including but not limited to unauthorized entry into Riskified’s systems, misuse of passwords, or misuse of any information posted to a site; and
  • You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

11. MISCELLANEOUS PROVISIONS.

Operations.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Riskified to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Riskified or any other web site or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Riskified) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Riskified if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. You may not assign this Agreement without Riskified’s prior written consent, but Riskified may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. This Agreement contains the entire understanding between you and Riskified, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by Riskified. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Riskified’s request, you will furnish Riskified any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Riskified by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Enforceability and Governing Law.

The failure of Riskified to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement sets forth the entire understanding between you and Riskified with respect to the subject matter described in this Agreement. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of New York govern your access to, and use of, the Services and the terms of this Agreement.

Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Riskified or one of its Affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

Trademark

“Riskified” and “Deco” are the marketing names for certain services of Riskified as operator of the Services. “Riskified” and “Deco” are trademarks of Riskified. Other featured words or symbols may be the trademarks of their respective owners.

Indemnification.

You agree to indemnify, defend and hold Riskified and its Affiliates harmless from any liability, including reasonable attorneys’ fees, related to your use of the Services or any violation of this Agreement.

WARRANTY.

RISKIFIED AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. RISKIFIED AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RISKIFIED AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.

LIMITATION OF LIABILITY.

RISKIFIED AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RISKIFIED AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE RISKIFIED AND ITS AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER RISKIFIED NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

Statute of Limitations.

You and Riskified both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

No Third-Party Beneficiaries.

This Agreement is between you and Riskified. No user has any rights to force Riskified to enforce any rights it may have against any you or any other user.

Government Use.

If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Service by the Government shall be governed solely by this Agreement.

E-Sign Consent Agreement

This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the Deco Service, Riskified is required by law to provide you with certain disclosures. Without your consent, Riskified is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose a payment option that does not require online access.

Consumer Consent

Before completing any transaction using the Deco Service, you will be asked to consent to the Deco Terms of Use. This action constitutes your electronic signature and manifests your consent and agreement to the following terms:

  • Riskified may provide disclosures required by law relating to the Deco Services and any other information about your legal rights and duties and your account to you electronically.
  • Riskified may send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the Merchant.
  • The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever we send you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how to view the Disclosures.
  • Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
  • This consent applies to any transaction undertaken using the Deco Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.

Minimum Requirements

You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

Withdrawing Consent

You are free to withdraw your consent to receive electronic disclosures at any time. If at any time you wish to withdraw your consent, you can send us your request through the ‘contact us’ link at www.decopayments.com, emailing [email protected] or writing to us at 220 5th Ave., 2nd Floor, New-York NY, 10001. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Riskified may close or limit access to your account. You agree to pay any amount owed to Riskified even if you withdraw your consent and we close or limit access to your account.

Legal Effect

Your consent to this E-Sign Consent means that Disclosures Riskified provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Riskified had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures.

Miscellaneous

You agree that Riskified may modify or change the methods of disclosure described herein, and that Riskified may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, please contact us at [email protected].

You also agree that Riskified is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by Riskified’s failure to send such a notice to the phone number or email address you have provided for that purpose.

Last Updated: May 15, 2019