Terms of Service
By signing up for a Chargezen Account or by using any Chargezen Services, you are agreeing to be bound by the following terms and conditions.
Welcome to Chargezen! By signing up for a Chargezen Account (as defined in Section 1) or by using any Chargezen Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").
As used in these Terms of Service, "we", "us", "our" and "Chargezen" means the applicable Chargezen Contracting Party (as defined in Section 13 below), and "you" means the Chargezen User (if registering for or using a Chargezen Service as an individual), or the business employing the Chargezen User.
Chargezen provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online subscription/membership stores, sell in multiple places, manage influencers & affiliates, transactional and marketing SMS, offer checkout upsells & powerups, create checkout rules, shipping, business operations, marketing and advertising, and engage with existing and potential customers.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Chargezen's Acceptable Use Policy ("AUP") and Privacy Policy, and, if applicable, the Chargezen Data Processing Addendum ("DPA") before you may sign up for a Chargezen Account or use any Chargezen Service.
Note: Everyday language summaries are provided for convenience only and appear in highlighted boxes near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements.
Table of Contents
1. Account Terms
You are responsible for your Account, the Materials you upload to the Chargezen Service and the operation of your Chargezen Store. If you violate Chargezen's terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.
To access and use the Services, you must register for a Chargezen account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Chargezen may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Chargezen for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Chargezen will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to Chargezen and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Chargezen can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. Chargezen cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to Chargezen Users. Questions about the Terms of Service should be sent to Chargezen Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Chargezen.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Chargezen's Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Chargezen or its affiliates.
2. Account Activation
Only one person can be the "Store Owner", usually the person signing up for the Chargezen Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to PayPal, Apple Pay, Google Payment and Shop Pay. Any domain you purchase through us will automatically renew unless you opt out.
2.1 Store Owner
Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.
If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Chargezen Store can only be associated with one Store Owner. A Store Owner may have multiple Chargezen Stores. You agree to use Chargezen Checkout for your store. "Store" means the online store (whether hosted by Chargezen or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.
2.2 Staff Accounts
Based on your Chargezen pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information.
The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner's employees, agents or subcontractors.
The Store Owner and the users under Staff Accounts are each referred to as a "Chargezen User".
2.3 PayPal Express Checkout and Chargezen Payments Accounts
Upon completion of sign up for the Service, Chargezen will create a PayPal Express Checkout account on your behalf, using your Primary Email Address. Depending on your location, Chargezen may also create a Chargezen Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or Chargezen Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts.
2.4 Shop Pay
Upon completion of sign up for the Service, if you have been enrolled in Chargezen Payments, Shop Pay will automatically appear as an accelerated checkout option on your checkout page.
If your customers have enabled Shop Pay, customers may purchase goods and services from your Chargezen Store using Shop Pay.
By using Shop Pay on your Chargezen Store, you agree to be bound by the Shop Pay Merchant Terms of Service, as they may be amended by Chargezen from time to time.
2.5 Apple Pay for Safari Account
Upon completion of sign up for the Service, Chargezen will create an Apple Pay for Safari ("Apple Pay") account on your behalf, using the URL(s) and business name associated with your Account.
By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time.
2.6 Google Pay
Upon completion of sign up for the Service, if you have been enrolled in Chargezen Payments, Chargezen will also create a Google Pay account on your behalf.
By using Google Pay on your Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time.
2.7 Meta Pay
Upon completion of sign up for the Service, if you have been enrolled in Chargezen Payments, Chargezen will also create a Meta Pay account on your behalf.
By using Meta Pay on your Store, you are agreeing to be bound by the Meta Pay Merchant Terms and Conditions, as they may be amended by Meta from time to time.
2.8 Amazon Pay
Upon completion of sign up for the Service, if you have been enrolled in Chargezen Payments and you have enabled Amazon Pay within your Chargezen Admin, Chargezen will also create an Amazon Pay account on your behalf.
By using Amazon Pay on your Store, you are agreeing to be bound by the Amazon Payments, Inc. Customer Agreement, as it may be amended by Amazon from time to time.
2.9 Domain Names
Upon purchasing a domain name through Chargezen, domain registration will be preset to automatically renew each year so long as your Chargezen Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. Chargezen Rights
Chargezen has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store.
The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Chargezen does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Chargezen employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
Chargezen reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner.
4. Your Responsibilities
You are responsible for your Chargezen Store, the goods or services you sell, and your relationship with your customers, not us. If you access the Chargezen API, your use of the Chargezen API is subject to the API Terms.
You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Chargezen Store.
You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services.
You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
You may not use the Chargezen Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
The API Terms govern your access to and use of the Chargezen API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials.
You agree to use Chargezen Checkout for any sales associated with your online store.
5. Payment of Fees and Taxes
A valid payment method must remain on file to pay all service fees. You will be billed for your Subscription Fees every 30 days. You are responsible for all taxes relating to your Store or use of the Services. No refunds.
You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("Subscription Fees") and any other applicable fees, including Transaction Fees and Additional Fees (together, the "Fees").
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Unless otherwise indicated, all Fees and other charges are in U.S. dollars.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date").
If we are not able to process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Chargezen's products and services.
Chargezen does not provide refunds.
6. Confidentiality
Both you and Chargezen agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
"Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data.
Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service. Each party agrees that it will take all reasonable steps to prevent the duplication, disclosure or use of any such Confidential Information.
7. Limitation of Liability and Indemnification
We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an "as is" and "as available" basis.
You expressly understand and agree that, to the extent permitted by applicable laws, Chargezen and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Chargezen partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Chargezen does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Chargezen is not responsible for any of your tax obligations or liabilities related to the use of Chargezen's Services.
8. Intellectual Property and Your Materials
Anything you upload remains yours (if it was yours) and is your responsibility, but Chargezen can use and publish the things you upload.
8.1 Your Materials
We do not claim ownership of the Materials you provide to Chargezen; however, we do require a license to those Materials. You grant Chargezen a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public, broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you.
If you owned the Materials before providing them to Chargezen then, despite uploading them to your Chargezen Store they remain yours, subject to any rights or licenses granted in the Terms of Service.
You grant Chargezen a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store ("Your Trademarks").
8.2 Chargezen Intellectual Property
You agree that you may not use any trademarks, logos, or service marks of Chargezen, whether registered or unregistered, including but not limited to the word mark Chargezen ("Chargezen Trademarks") unless you are authorized to do so by Chargezen in writing.
You agree not to purchase, register, or use search engine or other pay-per-click keywords, trademarks, email addresses, social media names, or domain names that use or include Chargezen or Chargezen Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Chargezen patents.
9. Additional Services
9.1 POS Services
If you use our POS Services, you must use the same payment processor that you use for the Online Services.
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Chargezen POS software, the Chargezen POS website, programs, documentation, apps, tools, internet-based services and components, Chargezen's POS hardware and any updates thereto provided to you by Chargezen.
Access to and use of the POS Services requires that you have an active and valid Account.
If your POS Services are enabled with Chargezen Payments, you cannot concurrently use any other payment processing service.
POS Equipment is purchased, and not leased. Upon payment by you for the POS Equipment, you will acquire ownership of and title to the hardware components.
9.2 Chargezen Shipping
If you use Chargezen Shipping, you must comply with the Chargezen Shipping Terms of Service.
You can purchase shipping labels from within your Chargezen administrative console ("Chargezen Shipping") for delivery of goods purchased from you from your Chargezen Store. Your access to and use of Chargezen Shipping is subject to the Chargezen Shipping Terms of Service.
9.3 SMS Services
When you use our SMS Services, you have to comply with our terms, the acceptable use policies of the SMS providers, and the law.
The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service, any other applicable terms (including Telnyx's Acceptable Use Policy, as may be amended from time to time), and the laws of the jurisdiction from which you send messages, and in which your messages are received.
9.5 Chargezen Email
By using the Email Services, you agree that Chargezen may use certain tools to ensure the content of the emails sent through the service is safe and compliant.
You may generate or send email from your Account using the Chargezen email services (the "Email Services"). Chargezen employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery.
Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email ("UCE"), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws.
Chargezen's Email Services utilize Third Party Providers, including Resend. Your use of the Email Services is subject to Resend's Acceptable Use Policy as it may be amended by Resend from time to time.
9.7 Third Party Services, Experts, and Experts Marketplace
We are not responsible for third party services, so use them at your own risk.
Chargezen may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are made available only as a convenience.
Any use by you of Third Party Services offered through the Services, Chargezen Experts, Experts Marketplace or Chargezen's website is entirely at your own risk and discretion.
We do not provide any warranties or make representations to you with respect to Third Party Services.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data.
9.8 Beta Services
Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time.
From time to time, Chargezen may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services are not part of the Services, and may be subject to additional terms and conditions.
9.9 Chargezen Pixel Manager
The Chargezen Pixel Manager enables you or a third party to track customer events by adding pixels to your Chargezen Store.
Chargezen allows you to add pixels to your Chargezen Store to enable you or a third party to track customer events. You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track.
10. Feedback and Reviews
We welcome customer feedback but are under no obligation to ensure that ideas and suggestions remain confidential and we can use the feedback in any way we want.
Chargezen welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to Chargezen be subject to any obligation of confidentiality or expectation of compensation.
11. DMCA Notice and Takedown Procedure
Chargezen respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store.
Chargezen supports the protection of intellectual property and asks Chargezen merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Chargezen's designated agent.
12. Privacy and Data Protection
Chargezen's use and collection of personal information is governed by our Privacy Policy and Data Processing Addendum.
Chargezen is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Chargezen's collection, usage and disclosure of this personal information is governed by our Privacy Policy.
To the extent that Chargezen processes personal information of your customers as a "data processor" or "service provider" under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Chargezen's collection and use of personal information is also subject to our Data Processing Addendum.
13. Chargezen Contracting Party
If the billing address of your Store is located in the United States or Canada: "Chargezen Contracting Party" means Chargezen Inc., a Canadian corporation, with offices located at 611 Gateway Boulevard, Second Floor, South San Francisco, CA. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Delaware.
If the billing address of your Store is located in the Asia Pacific region: "Chargezen Contracting Party" means Chargezen Commerce Singapore Pte. Ltd, with offices located at 77 Robinson Road, #13-00 Robinson 77, Singapore 068896. The parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction.
If the billing address of your Store is located in EMEA region or other jurisdictions: "Chargezen Contracting Party" means Chargezen International Limited, a private company limited by shares, incorporated in Ireland. You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts.
14. Term and Termination
To initiate a termination, you must contact Support. We may terminate your account at any time.
The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the "Term").
You may cancel your Account and terminate the Terms of Service at any time by contacting Chargezen Support and then following the specific instructions indicated to you in Chargezen's response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law).
Upon termination of the Services by either party: Chargezen will cease providing you with the Services; you will not be entitled to any refunds; any outstanding balance owed to Chargezen will immediately become due and payable; and your Chargezen Store will be taken offline.
If you purchased a domain name through Chargezen, upon cancellation your domain will no longer be automatically renewed.
15. Modifications
If we make a material change to the Terms of Service that adversely affects your rights, we will notify you in advance.
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services.
Chargezen may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees.
16. General Conditions
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Chargezen and govern your use of the Services and your Account.
The failure of Chargezen to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
The Terms of Service will be governed by and interpreted in accordance with the laws of the State of Delaware and the laws of the United States applicable therein, without regard to principles of conflicts of laws.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives.
Chargezen Inc., 611 Gateway Boulevard, Second floor, South San Francisco, CA 94080, United States
17. Dispute Resolution and Binding Arbitration
All disputes must be resolved through binding arbitration in Delaware rather than in court. You and Chargezen both waive the right to a jury trial and to participate in class actions.
17.1 Mandatory Arbitration Agreement
BY USING THE SERVICES, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR YOUR RELATIONSHIP WITH CHARGEZEN (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION.
This Arbitration Agreement is mandatory and cannot be opted out of. By creating an Account or using any Chargezen Service, you irrevocably consent to this binding arbitration provision.
The only exceptions to this Arbitration Agreement are: (a) either party may seek equitable relief in the courts of Delaware for infringement or misuse of intellectual property rights; and (b) Chargezen may seek injunctive relief in any court of competent jurisdiction to protect its Confidential Information or enforce payment obligations.
17.2 Class Action and Jury Trial Waiver
YOU AND CHARGEZEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED PROCEEDING.
YOU AND CHARGEZEN HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES.
If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, then the arbitration provision shall be deemed null and void in its entirety and Disputes shall be resolved exclusively in the state or federal courts located in Delaware.
17.3 Arbitration Rules and Procedures
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (the "AAA Commercial Rules") then in effect, except as modified by this Arbitration Agreement.
A party who wishes to initiate arbitration must: (a) provide the other party with a written Demand for Arbitration as specified in the AAA Commercial Rules; (b) file the Demand directly with AAA; and (c) serve a copy of the Demand on Chargezen. The initiating party must personally file and serve the Demand for Arbitration.
The arbitrator shall be a single arbitrator who is either a retired judge previously serving in the state or federal courts of Delaware, or an attorney licensed to practice law in the state of Delaware with at least fifteen (15) years of experience in commercial litigation.
17.4 Exclusive Venue: State of Delaware
ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED EXCLUSIVELY IN WILMINGTON, DELAWARE, UNITED STATES. By agreeing to these Terms of Service, you irrevocably consent to the exclusive venue of Wilmington, Delaware for all arbitration proceedings.
All arbitration hearings shall be conducted in-person in Wilmington, Delaware. Telephonic, video conference, or other remote participation shall not be permitted except with the express written consent of both parties and the arbitrator.
You agree that this venue selection is reasonable given that Chargezen is incorporated in Delaware and the Terms of Service are governed by Delaware law.
You waive any objection to venue in Delaware, including any objection based on inconvenient forum. You acknowledge that you may incur travel and other expenses to participate in arbitration in Delaware, and you agree to bear such expenses.
17.5 Arbitration Fees and Costs
Each party shall bear its own costs and expenses, including attorney's fees, incurred in connection with the arbitration, except as otherwise provided herein or as awarded by the arbitrator.
The prevailing party in any arbitration shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party.
17.6 Confidentiality of Arbitration
All aspects of the arbitration proceeding, including the hearing, any discovery, the arbitrator's decision and award, and any other matters arising in connection with the arbitration, shall be strictly confidential.
17.7 Arbitrator's Authority and Award
The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction.
The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
17.8 Survival
This Arbitration Agreement shall survive the termination, cancellation, or expiration of your relationship with Chargezen, the termination or cancellation of your Account, or any other termination of these Terms of Service.
17.9 Severability
If any provision of this Arbitration Agreement (other than the class action waiver in Section 17.2) is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Arbitration Agreement shall remain in full force and effect.
Questions About Our Terms?
Contact our support team if you have questions about these Terms of Service or need clarification on any provisions.
