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Merchant Category Code Detection Terms and Conditions

General Terms

These Terms and Conditions are a contract between you and LegitScript LLC or its subsidiaries or affiliates (collectively referred to in these Terms and Conditions as "LegitScript,” "us” "we," or "our"). LegitScript and you are each referred to as a “party.”

Unless you and LegitScript have entered into a separate written, signed agreement modifying any of the below terms, by clicking “Agree,” accessing or using merchantxray.com, or accessing or using any associated website (“the Website”) owned, operated, or controlled by LegitScript, you confirm that you are in agreement with and intend to be bound by all of the terms of service contained in these Terms and Conditions ( the “Terms and Conditions” or “Agreement”). These Terms and Conditions apply to the entire Website and any email or other type of communication between you and LegitScript pertaining to the Website or the Services.

If you do not agree to these Terms and Conditions, you may not use the Website or the Service (“Service” or “Services” shall mean any and all services provided via merchantxray.com and associated websites, including but not limited to Merchant Category Code detection). In these Terms and Conditions, "you" refers both to you as an individual and to the entity you represent. You represent and warrant that by agreeing to these Terms and Conditions, you are authorized to bind the entity(s) you represent. If you violate any of these Terms and Conditions, we reserve the right to cancel your account or block access to your account without notice. Nothing in these Terms and Conditions shall operate as a waiver of any of LegitScript’s rights unless explicitly stated otherwise.

LegitScript will not be responsible for any outcome that may occur during the course of, or as a result of, your usage of the website. We reserve the right to revise the Terms and Conditions at any time.

License

LegitScript grants you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of these Terms and Conditions.

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the website available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website or associated technology, including, but not limited to, any underlying technologies, software, source code, algorithms, data structures, artificial intelligence models, integrations, or proprietary systems.
  • Use the Website, Services, or any content provided by LegitScript for any illegal, improper, or unauthorized purpose. This includes, but is not limited to, activities that violate applicable laws, regulations, or the rights of others. You further agree that you will not use the website or its services in any jurisdiction where such use is restricted, prohibited, or deemed impermissible by applicable laws or regulations, including but not limited to any applicable laws and regulations around website scraping. It is solely your responsibility to ensure that your use of the website and services complies with all applicable legal requirements in the jurisdiction where you are located. LegitScript reserves the right to immediately terminate your access to the Website or Services if we believe you are violating these terms or engaging in any unlawful or impermissible activity. You represent and warrant that you have obtained all necessary consents, permissions, and authorizations required to upload, submit, or otherwise provide any information, data, or content to the website or through the services. This includes, but is not limited to, personal data, confidential information, or intellectual property belonging to third parties. By uploading or providing such information, you confirm that your actions comply with all applicable laws, regulations, and contractual obligations.

How We Use Your Data

Any data you provide through our website or services will not be used to train artificial intelligence (AI) models or systems. LegitScript does not use personal or business information you submit for the purpose of developing, enhancing, or training AI algorithms. All data collected is used solely for the purposes of delivering services and fulfilling our contractual obligations to you. Your data will be used in accordance with LegitScript’s Privacy Policy available here.

The Results You Will Receive

The Services may include information generated by AI. LegitScript’s services are complex activities, and LegitScript makes no assurance and does not guarantee that all results will be completely accurate, reliable, free from errors, or that all illegal, violative, or brand-damaging activity will be detected or prevented. All information you receive from LegitScript should be evaluated by you for accuracy as appropriate for your use case. By using the Website and the Services, you acknowledge and accept that AI-generated results are part of, and inherent in, the Services. You agree that LegitScript is not liable for any errors, inaccuracies, or omissions in the information provided by AI models or the Services. You should not rely solely on the Services for critical decisions without further independent verification undertaken by you.

Links to Other Websites

The Services may contain links to other websites not operated or controlled by LegitScript (“Third-Party Websites”). We are not responsible for the content, accuracy, or opinions expressed on Third-Party Websites, and Third-Party Websites are not investigated, monitored, or checked for accuracy or completeness by us. When you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on Third-Party Websites, including those that have a link on our platform, is subject to that Third-Party Website’s own rules and policies. Third-Party Websites and any links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. Third-Party Websites may use their own cookies or other methods to collect information about you. You acknowledge and agree that LegitScript shall not be responsible for any Third-Party Websites, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LegitScript does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Websites. It is your responsibility to do all necessary diligence regarding your access to and use of websites not controlled by LegitScript.

Your Feedback

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Feedback") provided by you to LegitScript with respect to the Website and Services shall be and remain the sole and exclusive property of LegitScript.

LegitScript shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of LegitScript without any compensation or credit to you whatsoever. LegitScript and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Changes To Our Terms and Conditions

LegitScript reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms of Conditions periodically for changes. Your continued use of the Website and the Services following the posting of changes will mean that you accept and agree to the changes.

Modifications to the Website and the Services

Absent a written agreement to the contrary, LegitScript reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Updates to this Agreement

LegitScript may from time to time provide enhancements or improvements to the features or functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website. You agree that LegitScript has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the Terms and Conditions of this Agreement.

Term and Termination

This Agreement is effective upon the date you accept these Terms and Conditions and shall continue as long as you use the Website and the Services (the “Term”) or until terminated in accordance with LegitScript’s termination rights herein. LegitScript reserves the right to refuse service to anyone, for any reason, at any time.

If the Term of your use is specified in an order form, signed proposal, statement of work, or similar document (“Order Form”), this Agreement shall remain effective for a period of 90 days after the expiration of the Order Form.

LegitScript may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from LegitScript, in the event that you fail to comply with any provision of this Agreement.

Upon termination of this Agreement, you shall cease all use of the Website and Services.

Termination of this Agreement will not limit any of LegitScript's rights or remedies at law or in equity in case of your breach of this Agreement.

Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LegitScript, its licensors, or other providers of such material, and are protected by and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of LegitScript, unless and except as is expressly provided in these Terms and Conditions. Any unauthorized use of the material is prohibited.

You acknowledge and agree that, as between the LegitScript and you, LegitScript retains all rights, title, and interest in and to the the Website and the Services, underlying technologies, software, source code, algorithms, data structures, artificial intelligence models, integrations, or proprietary systems, and any other related documentation or materials provided by LegitScript.

Confidential Information

“Confidential Information” shall include, but shall 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, hardware 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, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. LegitScript’s Confidential Information includes all information that you receive relating to LegitScript, or relating to any of our services or products, that is not known to the general public including information related to the Website and the Services.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms and Conditions and in accordance with any other obligations in these Terms and Conditions. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, or by a party’s legal or financial advisors, each who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms and Conditions, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms and Conditions; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms and Conditions.

Indemnification

You agree to hold harmless, defend, and indemnify LegitScript (including its officers, directors, employees, agents, and insurers) from and against any and all claims, demands, lawsuits, losses, damages, investigations, injuries (including personal injury, sickness, death, or property damage), expenses (including reasonable attorney fees and court costs), and other liabilities of any kind or nature asserted by any third party, whether in contract, in tort, under any statute, or otherwise, arising out of or in connection with your use of the Website and Services.

Disclaimers

LEGITSCRIPT DOES NOT PROMISE THAT THE SERVICES AND WEBSITE OR ANY CONTENT OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND THE SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LEGITSCRIPT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LEGITSCRIPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LEGITSCRIPT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE OR ANY LEGITSCRIPT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LEGITSCRIPT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LEGITSCRIPT, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS WILL CREATE A WARRANTY.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT LEGITSCRIPT WILL NOT BE RESPONSIBLE FOR ANY CREDIT CARD BRAND FINES OR PENALTIES, INCLUDING BUT NOT LIMITED TO THOSE ASSESSED BY MASTERCARD BUSINESS RISK ASSESSMENT AND MITIGATION (BRAM) OR VISA’S VISA INTEGRITY RISK PROGRAM (VIRP).

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LegitScript be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used by the Website or any Third-Party Websites, or otherwise in connection with any provision of this Agreement), even if LegitScript or any supplier has been advised of the possibility of such damages. LegitScript’s liability under any provision of this Agreement and your exclusive remedy shall be limited to the amount actually paid by you for use of the Website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by LegitScript on the Services, shall constitute the entire agreement between you and LegitScript concerning the Website and the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LegitScript's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND LEGITSCRIPT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Force Majeure

Force Majeure. In addition to applicable disclaimers stated above, LegitScript’s performance under this Agreement shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, pandemic or widespread disease, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of data providers or other third party information providers, third party software, or communication method interruption

Not Legal Advice

LegitScript is not a law firm and does not provide legal advice or engage in the practice of law. You acknowledge that you are not relying on LegitScript for legal advice and have not engaged LegitScript or any LegitScript employee as an attorney.

Governing Law; Jurisdiction; and Attorney Fees

Governing Law; Jurisdiction; Attorney Fees. This Agreement and all related documents, and all matters arising out of or relating to this Agreement or such related documents, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. LegitScript and you irrevocably and unconditionally agree that neither will commence any action, litigation, or proceeding of any kind whatsoever against the other in any way arising from or relating to this Agreement or the transactions contemplated by this Agreement, including contract, equity, tort, fraud, and statutory claims, in any forum other than the federal or state courts located in Delaware. LegitScript and you irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in such courts and the LegitScript and you hereby waive the right to object to the foregoing choice of law, personal jurisdiction, or venue. LegitScript and you agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. If any action is instituted to enforce or interpret the terms of this Agreement, the prevailing party in such action will be entitled to recover its reasonable attorney fees and costs incurred in such action, at trial or on appeal, from the losing party. You hereby waives, with respect to any matters: (i) the right to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person, entity, or party.

Assignment

Neither LegitScript nor you shall be entitled to assign this Agreement or any of its rights and obligations hereunder without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld, provided, however that LegitScript may assign this Agreement and its rights and obligations hereunder without your consent to: 1) any affiliate; 2) an assignee or successor in interest (by merger, operation of law, or otherwise); or 3) a purchaser of all or substantially all of its business to which this Agreement relates. This Agreement will be binding on and will inure to the benefit of the Parties and their permitted successors, legal representatives, and assigns.

Accounts, Passwords, and Security

The Services offered on or through the Website may require you to open an account (including setting up an individual username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify LegitScript immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by LegitScript or any other user of or visitor to the Site due to someone else using your username, password, or account as a result of your failing to keep your account information secure and confidential. LegitScript cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR LEGITSCRIPT’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and LegitScript concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or LegitScript must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. LegitScript will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and LegitScript will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or LegitScript may commence arbitration.

Binding Arbitration

If you and LegitScript don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Typographical Errors

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, LegitScript shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in full.

Consent to Recurring Credit Card Payments

By providing your credit card information and agreeing to purchase the Services on a subscription or recurring basis, you authorize LegitScriptto automatically charge your credit card for the applicable fees at the agreed-upon intervals without further notice to you. You acknowledge that this authorization will remain in effect until you cancel the authorization or the service is otherwise terminated. No refunds will be provided under this Agreement.

It is solely your responsibility to ensure that your payment information remains current and accurate. If LegitScript is unable to process your payment due to an expired or invalid credit card, your access to the Website and the Services may be suspended or terminated at LegitScript’s discretion.