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Terms of service



Last updated: 30-Sep-2024

Welcome to Refundtotal! These Terms of Service ("Terms", "Terms of Service") govern your use of our website and services ("Service") operated by Refundtotal ("we", "our", or "us"). By using the Service, you agree to these Terms. If you do not agree to any part of these Terms, you must discontinue use of the Service immediately.

1. Service Overview

Refundtotal provides automated tools to generate the necessary documents to assist in claiming refunds, specifically in cases where local laws, including those within the European Union (EU) and the United States, clearly support such claims. Refundtotal is not a legal service provider or a substitute for professional legal advice. Users are responsible for ensuring that their actions comply with applicable laws.

2. Eligibility

By using the Service, you confirm that you are at least 18 years old or of legal age in your jurisdiction, and you possess the legal capacity to enter into this agreement. Users must also comply with all applicable local, national, and international laws while using the Service, including the laws of the United States and its individual states.

3. User Responsibilities

Users agree to:

  • Provide truthful, accurate, and up-to-date information when using the Service.

  • Use the documents generated by the Service in compliance with local, regional, national, and international laws, including U.S. federal and state laws.

  • Assume full responsibility for verifying the appropriateness and accuracy of the documents generated by the Service, particularly under their local jurisdiction.

4. No Legal Advice

Refundtotal provides a service for generating documents, but we do not provide legal advice. The information provided by Refundtotal is for general informational purposes only. If you have legal concerns or require advice on the specifics of your situation, you should consult a licensed legal professional in your jurisdiction. The Service should not be interpreted as a substitute for legal counsel. In the U.S., legal advice should be obtained from professionals licensed in your state.

5. U.S. and EU Consumer Rights & Disclaimer of Warranties

While Refundtotal endeavors to comply with both EU and U.S. consumer protection laws, we make no guarantees or warranties that using our Service will result in a successful refund. The success of your refund claim may depend on your individual circumstances, applicable local laws, and the policies of the entities involved.

  • Limitation of Scope: Refundtotal is not responsible for any failure to obtain a refund due to incorrect use of the documents or misinterpretation of local laws, including U.S. state laws.

  • No Warranty: We disclaim all implied warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement to the fullest extent allowed by U.S. and EU law.

6. Limitations of Liability

To the extent permitted by applicable law, Refundtotal and its affiliates, employees, directors, or contractors shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, revenue, or profits, arising from or related to your use of the Service.

In jurisdictions where the exclusion or limitation of liability is prohibited, our liability will be limited to the maximum extent permitted by law. Specifically:

  • U.S. Law Limitations: Under U.S. laws such as the Federal Trade Commission Act (FTC Act), Refundtotal will act with reasonable skill and care in providing our services. However, we do not accept responsibility for losses beyond what is reasonably foreseeable or caused by events outside our control (e.g., third-party actions or changes in law).

  • EU Law Limitations: Under the EU’s Directive on Consumer Rights (2011/83/EU), we are required to act with reasonable skill and care in providing our services.

7. Payment Terms and Refund Policy

Fees for using the Service must be paid in full at the time of purchase. Refundtotal offers different packages, which may be subject to one-time or recurring subscription fees.

  • Refund Policy: Payments made for our services are non-refundable, except where required by U.S. or EU consumer protection laws, such as in cases of faulty digital content or other applicable circumstances.

  • Cancellation: Users have the right to cancel their subscription or service under U.S. federal and state laws, provided this is done within applicable withdrawal periods. However, by purchasing digital services from Refundtotal, you expressly agree that you waive your right to withdraw once the Service has been performed in full.

8. Force Majeure

Refundtotal shall not be held responsible for any delay or failure in performance resulting from circumstances beyond its control, including but not limited to, acts of God, war, civil unrest, cyber-attacks, changes in local laws, or disruptions in internet services. This applies under both U.S. and EU law.

9. Intellectual Property

All content provided through the Service, including but not limited to, text, images, software, and trademarks, are the intellectual property of Refundtotal. You agree not to reproduce, distribute, or create derivative works from any content provided through the Service without explicit permission, in accordance with U.S. copyright and trademark laws.

10. Data Protection and Privacy

Refundtotal is committed to protecting your personal data in accordance with both the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the California Consumer Privacy Act (CCPA) where applicable.

  • Personal Data: By using our Service, you agree to the collection, processing, and storage of your personal data as outlined in our Privacy Policy.

  • U.S. Data Protection: For users located in the U.S., Refundtotal complies with the CCPA, granting you specific rights to access, delete, and control your personal information.

11. Release from Court Proceedings

By agreeing to these Terms, you expressly waive and release your right to bring any claims, disputes, or controversies (whether contractual, tortious, or otherwise) against Refundtotal or any of its affiliates, employees, directors, or contractors in any court of law, whether in your jurisdiction or elsewhere. All disputes, claims, or controversies shall be resolved exclusively through arbitration as outlined in the "Stockholm Arbitration Clause" below.

  • No Court Litigation: You understand and agree that by accepting these Terms, you waive your right to participate in any form of court litigation, including individual lawsuits, class actions, or class-wide arbitration. All claims must be resolved exclusively by arbitration.

  • Exceptions: This release does not apply to disputes where you are entitled by law to seek immediate injunctive relief in a court of law, such as in cases involving intellectual property or confidentiality breaches.

12. Stockholm Arbitration Clause

All disputes, claims, or controversies arising from or related to these Terms or the use of the Service, including any issue concerning the interpretation, validity, or performance of the agreement, shall be exclusively resolved by binding arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The following provisions apply:

  • Exclusive Forum: Arbitration will take place in Stockholm, Sweden, and the seat of arbitration shall also be Stockholm. You agree that this is the sole and exclusive forum for resolving all disputes arising out of or in connection with these Terms or the Service.

  • Governing Law: The arbitration will be governed by the laws of Sweden, without regard to any conflict-of-law provisions. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

  • Arbitration Rules: The arbitration shall be conducted in accordance with the Rules of Arbitration of the Stockholm Chamber of Commerce (SCC). The arbitral tribunal will consist of one arbitrator, unless otherwise agreed by the parties.

  • Costs and Fees: The costs of arbitration, including the arbitrators’ fees, shall be shared equally between the parties, unless the arbitrator decides otherwise in the award. Each party shall be responsible for its own legal expenses.

  • Binding Decision: The decision of the arbitrator(s) will be final, binding, and not subject to appeal or review in any court of law, except as required for enforcement of the arbitral award.

13. Changes to Terms

We reserve the right to modify or update these Terms at any time in accordance with applicable EU and U.S. laws. Any significant changes will be communicated via email or through a notification on our website. Your continued use of the Service after such changes will constitute your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Contact Information

If you have any questions about these Terms or your rights under EU and U.S. law, please contact us at team@refundtotal.com