fraudLog Service Terms and Conditions

This Agreement, known as the Terms of Service Agreement, is hereby established and is effective between fraudLog, referred to as "fraudLog, LLC," and the user of fraudLog, hereinafter referred to as "Customer," "Subscriber," "Data Controller," "Entity," "End-user," or "You."

These Terms of Service outline your rights and responsibilities and specify the conditions governing the use of fraudLog's tracking services for website visitors, often referred to as "Internet users." These terms apply to various access methods, including but not limited to direct access to fraudlog.com and its subdomains, APIs, SMS, service email notifications, SaaS implementations, applications installed on both servers and clients, widgets, graphical badges, tags, buttons, and any other means by which the service is provided. This also includes any software provided for installation on Customer's websites and within applications.

Please carefully review these terms and conditions before using the fraudLog Service. By using the fraudLog service, you legally acknowledge your acceptance of these Terms and Conditions, the Privacy Policy, and any relevant addendum(s) detailed in this document. If you do not agree with these terms, you are not permitted to use the fraudLog service. Additionally, it is important to understand that the use of fraudLog services is entirely at your own risk, and these services are provided on an "as is" and "as available" basis.

1. To qualify for fraudLog Services, certain conditions must be met:
   Contractual Requirement: Any entity intending to use fraudLog services must enter into a legally binding agreement that complies with the relevant jurisdiction's laws permitting such usage.
   Age Criteria: Individuals entering into this agreement must be at least 12 years old or meet the age requirement defined by the applicable jurisdiction.
   Authorization for Legal Entities: If this Terms of Service (TOS) is accepted on behalf of a legal entity other than the initiating party (e.g., an organization, company, government, or legally established entity), the Customer must validate their authorization and capacity to enter into this TOS on behalf of that entity.
   Interpretation of "Customer": Within the context of this agreement, the term "Customer" also encompasses the entity that enters into this agreement, whether through direct or indirect means.
2. Privacy Policy
   fraudLog's privacy policy governs the management of data collected through end-user interactions with fraudlog.com and its associated subdomains. By agreeing to these Terms of Service, end-users are required to fully understand and consent to our privacy policy, which is an integral part of this agreement.
   
   Access our privacy policy at https://www.fraudlog.com/privacy.htm
3. In accordance with the General Data Protection Regulation (GDPR) (EU), starting from May 25th, 2018, fraudLog acts as a Data Processor and provides tools to assist its end-users in complying with relevant legal requirements. As a vital part of this Privacy Policy, which fraudLog end-users are required to accept, we have updated a GDPR Data Processing Addendum, accessible at https://www.fraudlog.com/gdpr-data-processing-addendum.htm.
4. fraudLog Data Processing Services
   fraudLog services enable Customers to access data processing capabilities for collecting, storing, and linking contextual content with individual anonymous visitor records present in website visitor tracking logs. It's important to note that this functionality is exclusively allowed for visitors who are not residents of the European Union. The storage of personally identifiable information related to specific visitors identified as EU residents is strictly prohibited in compliance with GDPR regulations.
   
   If you choose to collect or retain personally identifiable information through fraudLog data processing services, such actions must be justified by the specific purpose of using the service. These actions should be deemed necessary for the entity's operation, such as implementing security measures to identify and prevent billing fraud or monitoring compliance with the company's terms of service, among other valid reasons. As a fraudLog Customer, you bear full legal responsibility in accordance with applicable laws. You also release and agree to indemnify and absolve fraudLog from any liability arising from claims, liabilities, demands, suits, causes of action, or legal proceedings resulting from negligent acts.
5. Data Privacy and Limitations on Collected and Processed Information by fraudLog
   As a Customer, you are strictly prohibited from allowing any third party to use fraudLog services for tracking or collecting personally identifiable information from Internet users. This prohibition extends to any act of connecting or associating personally identifiable information with any website data collected and processed through fraudLog, unless such actions are duly justified by the intended usage terms. In cases where such justification exists, the Customer assumes complete legal responsibility in accordance with applicable laws.
   
   A fraudLog customer is required to maintain a privacy policy that outlines the authorized use of collected information in compliance with relevant jurisdictional laws. This policy should include, but is not limited to, the following:
   
   a. Accessible Privacy Policy: A clear and easily accessible privacy policy that is made available to all website visitors, ensuring transparency about how their data is collected, used, and protected.
   b. Third-Party Tracking Statement: A declaration addressing the use of third-party tracking services, informing visitors about any such services employed on the website.
   c. Cookie Usage Statement: A statement explaining the use of both essential cookies, necessary for website functionality, and optional non-essential cookies. This statement should clarify the purpose of these cookies and provide visitors with options to manage their cookie preferences, where applicable.
   
   When using fraudLog, end-users acknowledge and consent to the principle that data associated with each individual end-user's account should be kept private. However, it's important to note that, under certain circumstances and unless prohibited by applicable laws such as GDPR, end-users have the option to share their data. This sharing option, when enabled within the end-user's account, authorizes fraudLog to disclose the statistical data from the end-user's website to the public. It also permits fraudLog to utilize this data for promotional or other necessary purposes.
6. Free and Premium Subscriber Services
   fraudLog, at its discretion and subject to availability, may offer two service tiers:
   
   Free Tier: This tier is supported by third-party advertisements and is accessible on public pages as well as subscriber-only pages.
   Premium Service: This service tier is available but subject to scalability limitations.
   fraudLog retains the right to change the availability of these service tiers and may make adjustments to its fees and payment policies periodically. Unless otherwise specified, all service fees are quoted in U.S. Dollars. In the event of agreement termination, any outstanding balances are immediately due and must be settled, with the cost of collection (including legal attorney's fees) included as part of the outstanding amount owed.
   
   The free service is granted for a defined period, as indicated during the initial subscription. Renewal of the free service is contingent upon its availability, in accordance with the terms outlined in this user agreement. Features offered through fraudLog subscription tiers may be modified, improved, or reduced at any time, without prior notification to end-users.
7. Subscriber Account Security and Credentials
   To use fraudLog services, subscribers must complete a registration process by providing accurate information, including an email address and password. Subscribers are solely responsible for the security of this information, beyond any security measures implemented by fraudLog. In the event of any suspected unauthorized account access or security breaches, subscribers must promptly notify fraudLog. Additionally, fraudLog customer service personnel may access the customer's account for security maintenance and customer support purposes.
8. Non-Exclusive Service License
   In accordance with the provisions of this Terms of Service (TOS), fraudLog grants its website visitors and Customers a non-exclusive, limited, and revocable license that is not transferable to third parties. This license allows the use of fraudLog's visitor tracking tools, the installation and duplication of fraudLog code, the display of provided graphic elements on the Customer's digital Domain Properties or Third Party Properties, and remote access to fraudLog subscriber gateway pages for the purpose of viewing and downloading data stored at fraudlog.com.
   
   Unless explicitly stated otherwise, entities are strictly prohibited from:
   a. Accessing Software Source Code: Attempting to access the source code of the software or engaging in activities such as copying, modifying, decompiling, reverse-engineering, converting, translating, encrypting, or creating derivative works from any content, software, or documentation.
   b. Transfer of Rights: Selling, assigning, transferring, subleasing, leasing, or renting the right to use the software, documentation, or its services unless expressly permitted in writing.
   c. Removal of Branding: Removing branding, notices, or any explicitly posted notifications provided by the service.
   d. Interference and Misrepresentation: Interfering with the operation of the service or software and falsely labeling the data with third-party identification in an attempt to claim ownership or for any other purpose related to service reports and tools provided for use on service subscriber websites.
9. Indemnification: fraudLog does not provide exclusive assurances regarding the availability of its services or the security of data stored on its servers. End-users agree to protect, indemnify, and absolve fraudLog from any claims, liabilities, losses, and expenses, including attorney's fees, resulting from the end-user's violation of this agreement, copyright laws, local jurisdictional regulations, breaches of privacy or security rights, or proprietary technology developed by fraudLog and other technologies employed. It is important to note that fraudLog's liability will not exceed the subscription cost of the services provided.
10. End-user Account Termination Policy
    fraudLog retains the discretion to terminate end-user accounts and erase processed data without prior notice in cases of violation of the following conditions:
    a. End-users must refrain from using any methods to obstruct the visibility or modify the appearance of installed tracker icons, which must remain visible unless an appropriate subscription plan that permits tracker hiding is purchased.
    b. End-users are not permitted to employ automatic page reloading for the purpose of updating visual feedback statistics in the membership area, as this consumes unnecessary server bandwidth.
    c. The use of fraudLog trackers for emails and on websites featuring malicious content, adult content, or hate-related materials is strictly prohibited.
    d. fraudLog may not be utilized on websites that contain adult content or promote racism, discrimination, hatred, violence, religious persecution, or the advocacy of force against others.
    e. Both fraudLog and the end-user retain the right to utilize the captured and processed data as necessary within the bounds of this agreement.
11. Service Fulfillment Terms
    Service Delivery Terms All fraudLog subscriptions will be activated within 10 minutes when payment is made through electronic methods, such as credit cards or PayPal. For payments made by check, please allow up to 7 business days for the payment to clear.
    Return & Cancellation Policy All premium subscription services offered by fraudLog are covered by a 30-day satisfaction guarantee, unless otherwise specified. Refunds for the first month's subscription fee are subject to evaluation, and we appreciate customer feedback to enhance service quality. To cancel a subscription and request a refund for the initial month of service, a fraudLog subscriber must submit a technical support ticket. No refunds will be issued for service usage beyond the 30-day period. However, subscribers have the flexibility to cancel yearly subscriptions at any time.
12. Limitation of Liability To the maximum extent allowed by applicable law, fraudLog shall not be held liable for any lost revenue, be it direct, indirect, incidental, or consequential, including damages, even if fraudLog, its operators, subsidiaries, and affiliates were aware of the potential for such damages. In cases where fraudLog's liability to Customers or any other entities arises from demands, claims, or actions related to this agreement, it shall not exceed $350 (USD) in compensation.
13. Additional Terms and Conditions:
    
    a. fraudLog retains the authority to modify usage terms, policies, and provisions at its discretion, without the obligation to directly inform end-users or immediately publish revised terms and conditions on its website.
    
    b. All materials related to or produced by fraudLog, encompassing, but not restricted to, identities, trademarks, proprietary software (including confidential information), logos, databases, collective web reports, and any other accessible content via websiteinvestigator.org and its subdomains, remain the exclusive property of fraudLog, safeguarded by copyright.
    
    c. fraudLog cannot be held responsible for any damages, whether direct or consequential, resulting from service use, service interruptions, or abrupt service termination without prior notice to end-users. The availability of services is not guaranteed, and fraudLog disclaims liability for damages arising from service disruptions or data loss beyond reasonable control.
    
    d. If either the end-user or fraudLog terminates the agreement, the end-user agrees to remove trademarks, logos, and code from all websites under their jurisdiction that have been processed by fraudLog. Cancelling a subscription, whether free or premium, results in the permanent closure of the end-user's account and data, with no possibility of recovery.
    
    e. The end-user assumes full responsibility for deploying fraudLog tracking devices on web pages or other implementations where personal tracking is possible, ensuring compliance with visitor tracking laws, including those within the European Union.
    
    g. The usage of fraudLog on pages involved in the acquisition or utilization of low-quality and/or invalid sources of visitor traffic, which may strain fraudLog servers and disrupt service for other users, is prohibited. In such cases, fraudLog reserves the right to terminate abusive accounts, including data erasure with no chance of recovery.
    
    f. fraudLog may not be employed to track users in chat rooms, online messaging, or email communications.