TERMS AND CONDITIONS

1. About terms and conditions

Pluginhost B.V. (also: “Pluginhost”, “we”, “us”, “Company”) provides Customers (“Customers”) with
access to a proprietary system – Fraud Judge Enterprise (“System”) that monitors and prevents
fraudulent activities in digital systems, including, but not limited to – mobile applications, web
applications, e-commerce platforms.
These Terms and Conditions explain the general operation and terms of use of System (“Terms and
Conditions”) which is operated by the Company.
‍Please ensure you read our terms and conditions before making any operations. Company is not
providing any consulting services and does not encourage Customer to make any transactions.
In the event Services are provided by the Company in multiple languages the English version is
considered the original version and the only one binding; it shall prevail on any other version in case
of discrepancy. The Company shall not be responsible for any erroneous, inadequate, or misleading
translations from the original version into other languages.
Company offers Services to any legal entity, according to the procedure and on the Terms and
Conditions described herein. The Services provided by Company are paid services and usable as long
as registered for.
These terms and conditions become effective as of the date when the Customer has registered and
engaged in cooperation with the Company, which also means the Customer’s acceptance of these
Terms and Conditions.


2. Definitions

Contact Person – a Customer’s designated person who will work as a liaison between the Company
and Customer, and will be available to respond to any communication in connection with
performance of these Terms and Conditions. Contact Person’s e-mail indicated in the Organization
Details Page shall be used for any official communication, including, but not limited to notifications
regarding System, Terms and Conditions, billing, etc. Contact Person must be at least 18 years of age
(and at least the legal age in Customer’s jurisdiction). Customer at all times represents and warrants
that Contact Person is of legal age and can enter a binding contract between the Customer and
Company.
Customer – a legal entity that makes use of Services and/ or System and proprietary technology to
detect fraudulent activities in their digital systems and to make online services at their platforms
safer.
Customer Data – payment and/or transaction information in connection with payment transactions
made by Customer’s clients.

Data Processing Agreement – means the data processing agreement that is incorporated in these
Terms and Conditions by reference. Available as Annex 1 to System Privacy Policy.
European Data Protection Legislation – means the GDPR and other data protection laws of the EU,
its Member States, Switzerland, Iceland, Liechtenstein, in each case, applicable to the processing of
Personal Data under the Agreement.
GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April
2016. Unless otherwise stated, the terms “data subject”, “processing”, “controller”, “processor” and
“supervisory authority” as used in these Terms and Conditions have the meanings given in the
GDPR. More information about EU General Data Protection Regulation is available at:
https://gdpr.eu/what-is-gdpr/.
Personal Data – refers to non-sensitive data (for instance: IP address, name, address, phone
number, payment information, shipping information) sent by Customer to Company with User’s
consent to fulfil the purpose of fraud prevention in the performance of the contract between User
and Customer. The Company processes Personal Data when providing the Services pursuant to the
provisions of the Data Processing Agreement, within the scope and extent as defined therein or
pursuant to the European Data Protection Legislation.
Services – means the real-time screening and the automated generation of a risk score on the
potential fraud in activities happening in digital system of a Customer.
Services Fees – means charges for the Services as made available at: www.fraudjudge.com for
Fraud Judge Enterprise solution. All Service Fees are net of taxes. Customer will be responsible for
payment of all applicable VAT, duties, sales, use or withholding taxes, or other similar taxes, fees, or
charges whether now or hereafter enacted, however imposed on or based on the provision, sale or
use of the Services (“Taxes”). If Company has the legal obligation to pay or collect Taxes for which
Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by
Customer, unless Customer provides Company with a valid tax exemption certificate authorized by
the appropriate taxing authority.
System – Fraud Judge Enterprise a – proprietary technology developed and owned by Pluginhost B.V.
that provides with the Services to fulfil the purpose of detecting fraudulent activities in digital
systems.
Terms and Conditions – means these terms and conditions that may be amended from time to time
and regulate business relationship between Customer and Company.
User – means any individual who lands on Customer digital systems to conduct a contract with
Customer, under the form of online transaction or any other online activity on Customer digital
systems.
Website – means www.fraudjudge.com.


3. ‍General conditions

Terms and Conditions describe how the Company collects, uses and stores information that is
required to fulfil the purpose of Services, meaning, among others, preventing fraudulent activities in
digital systems. You are requested to read these Terms and Conditions to learn how the Company
collects, uses and stores that information when you:

  • Perform activities in System (“System Privacy Policy”);
  • Interact with our website ("Website Privacy Policy").


The Company ensures the confidentiality of Personal Data shared and/or uploaded via System
within the framework of applicable laws and regulations and has implemented appropriate technical
and organizational measures to protect Personal Data from unauthorized access, illegal processing
or disclosure, accidental loss, alteration or destruction.
The Company’s Website may use cookies. Cookies are files that websites place on users’ computers
to recognize the user and make it easier for them to use the website. Internet browsers can be
configured to warn the visitor about the use of cookies and allow the visitor to choose whether to
accept them. Refusal to accept cookies will not prevent a visitor from using the website but may
limit the visitor’s ability to use the website.
If the Customer does not access or use the System for a period of more than 365 (three hundred
sixty five) calendar days Company may in its sole discretion, terminate Customer’s access to and use
of the Services and System without notice.
Customer acknowledges and agrees that the Company can’t be held liable for Customer’s actions or
inactions while performing its regular business activities, for which the Company has made its
Services available.
Customer and Company will each comply with all applicable laws, governmental requirements, and
industry standards, including those with respect to privacy, data protection, portability, or
accountability, applicable to such party or its personnel with respect to the System, the Services,
and the performance of its obligations under these Terms and Conditions. Customer acknowledges
and agrees that Customer remains at all times responsible for compliance with its local applicable
laws and regulations for the use of the System to provide results necessary to Customer.
The Company reserves the right to amend these Terms and Conditions from time to time. Posting
the relevant information on the main page of the Website of the Company for the period of at least
five (5) days prior to the effective date of the amendments is considered as notification. The
Customer undertakes to consult and review regularly the Company’s Website to be timely informed
about any changes in respect to these Terms and Conditions and the Services in particular.
The Company has the right to change its brand name to another one, without changing essential
features and characteristics of the Customer registration and the services provided by the Company
to the Customer.

Company cannot be held responsible for non-fulfilment of any obligations involving quality of online
communication of information to the Customer terminal or use of information, software, and
interfaces of websites which do not belong to the Company.
Customer realizes that any actions committed by the Customer or third parties (by Customer’s fault
or with Customer’s participation), which destabilize the Company’s business or performance of the
Company’s services, equipment, or software may result in the Company’s refusal of servicing the
Customer and cancellation of registration; in such case the Company also may reject such
Customer’s new registration in the future. Persons under 18 years of age are not allowed to use the
Services of the Company.
The Customer’s representing person, and the Customer declares and guarantees that:

  • information which the Customer provided to the Company is true and correct;
  • the Company shall be notified about any and all changes regarding information about Customer by editing Organization Details Page in the System within 3 (three) days after the change took place;
  • the registered e-mail address of the Contact Person used by the Customer is not in use by anyone else. Any and all notices, requests, complaints, and information received from the registered Customer’s Contact Person’s e-mail address are considered as sent by the Customer;
  • Customer has the legal capacity and the authority to accept and to bind the Customer to these Terms and Conditions, including the Data Processing Agreement.


The Company may request from the Customer a confirmation of accuracy of the personal account
data for a due diligence process. Inability to provide the requested documents may result in the
Company’s refusal of servicing the Customer.
Upon discovery of duplicate registration of the same Customer, the Company has the right to cancel
duplicated registrations and/ or accounts.
Company may decline Customer’s request to register without a cause.


4. License

Solely for the purposes of using the Services in accordance with these Terms and Conditions, and
subject to the Customer’s compliance at all times with these Terms and Conditions, Company grants
Customer a personal, limited, non-exclusive, non-transferable, revocable and terminable license to
use the Services as set forth in these Terms and Conditions.
The Website, the Services and their content, features and functionality are owned by the Company
or its licensees, and are protected by international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws. All such rights are reserved. All trademarks are
the property of the Company or their respective owners. Except and solely as expressly granted to
Customer above in this section, Company reserves all rights of ownership of any kind to itself and its

applicable licensees. Without limitation on the foregoing, the license grant above does not include a
right to adapt or create derivative works of any material owned by Company.


5. Risk notice

The Customer agrees that the Company cannot be held responsible for Customer’s losses caused
during its business operations, directly or indirectly. Customer at all times remains responsible for all
decisions relating to the use or implementation of the output of the Services, and for determining
whether the result of Services meets the Customer’s queries and needs.
In these Terms and Conditions, the term “Event of Force Majeure” means an event beyond the
control of a either party, which prevents a party from complying with any of its obligations under
the Terms and Conditions, including but not limited to:

  • act of God (such as, but not limited to, fires, explosions, epidemic, pandemic, earthquakes, drought, tidal waves and floods);
  • war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization or requisition;
  • rebellion, revolution, insurrection, or military or usurped power, or civil war;
  • contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  • riot, commotion, strikes, go slows, lock outs or disorder; or
  • acts or threats of terrorism.


Neither party will be considered in breach of Terms and Conditions to the extent that the
performance of its respective obligations is prevented by an Event of Force Majeure.
Customer is obliged to ensure protection, sharing and storage of its data and any Service-related
information in a way that guarantees its inaccessibility to any third party. Customer’s losses and
risks associated with the previous impose no obligations on the Company, other than to provide
new access data to the Customer after a new identification procedure.
Company is a technical service provider, thus arranging the execution of operations and not being
responsible in any manner for the financially positive or negative result of the actual business being
performed by the Customer.
The Company may suspend servicing the Customer for the following reasons: failures on part of
Internet access providers, failures in information flows, hacker attacks, and other illegal actions
against the Company’s servers and equipment, Event of Force Majeure circumstances, and similar.


6. Customer data and intellectual property

All right, title, and interest in Customer Data will remain the property of Customer. Company has no
intellectual property rights or other claim to Customer Data that is hosted, stored, or transferred to

and from the System or the cloud services platform provided by Company, or to Customer’s
confidential information. Customer will cooperate with the Company to protect Customer’s
intellectual property rights and Customer Data. Company will promptly notify Customer if Company
becomes aware of any potential infringement of those rights in accordance with the provisions of
these Terms and Conditions.
Customer acknowledges and agrees that Company shall own all right, title and interest in and to all
intellectual property rights in the Service, System and the Documentation and any suggestions,
enhancement requests, feedback, or recommendations provided by Customer or its Users relating
to the Service, including all unpatented inventions, patent applications, patents, design rights,
copyrights, trademarks, service marks, trade names, know-how and other trade secret rights, and all
other intellectual property rights, derivatives or improvements thereof.
If any Customer’s Customer Data is made available or accessible to the Company, its employees,
agents or contractors, pertaining to Customer’s business or financial affairs, transactions, clients or
customers, Company will not store, copy, analyze, monitor or otherwise use that data except for the
purposes set forth in the Terms and Conditions for the benefit of Customer.
The Company will have an irrevocable, perpetual right to retain and internally use any Customer
Data in an aggregated and de-identified form to internally improve its own products, System and
Services (such as training algorithms).
The Company has represented to the Customer that Company will not be permitted to access
Customer Data stored or contained in the Services or System, and Company will not manipulate,
modify or control such Data. If Services provided by Company may involve the Company or its
personnel having or requiring access to Customer Data, Company shall comply with the provisions of
these Terms and Conditions and GDPR.
If Company suspects or becomes aware of any unauthorized access to any Customer Data by any
unauthorized person or third party, or becomes aware of any other security breach relating to
Customer Data held or stored by Company under Terms and Conditions or in connection with the
performance of the Services or other services performed under Terms and Conditions, Company
shall immediately notify Customer in writing via Contact Person’s e-mail and shall fully cooperate
with Customer to prevent or stop such data breach. In the event of such data breach, Company
shall fully and immediately take the appropriate steps to remedy such data breach.


7. Service level

Company shall provide the Services with availability of at least 99,90% during each calendar month.
Services’ availability will not include minutes of downtime resulting from:

  • Scheduled maintenance (including Cloud hosting scheduled maintenance (up to 4 hours in calendar year));
  • Events of Force Majeure;
  • Malicious attacks on Services, if origin of attack relates to Customer systems. In such events Company may schedule emergency maintenance or make Service unavailable to prevent further attacks;
  • Issues associated with Customer’s computing devices, local area networks or internet service provider connections, or;
  • Company’s inability to deliver Services because of Customer’s acts or omissions.


Company may take the Services offline for scheduled maintenance if Company provides Customer
the schedule via Contact Person and/or System interface.
The Customer shall implement reasonable safeguards to prevent unauthorized access to, use of, or
disclosure of the disclosing of Customer Data.
Service availability is measured over each calendar month. It is calculated to the nearest minute,
based on the number of minutes in the given month (for instance, a 31-day month contains 44,640
minutes).
In the event there are incidents present in the Services (incident means an unplanned interruption
to a Services, or reduction in the quality of a Service), Contact Person shall inform Company via e-
mail [email protected].


8. Fees

Customer agrees to pay any applicable Service Fees. Amounts are payable in accordance with
conditions written below. The Service Fees are calculated monthly, based on the number of
transactions processed via System.
The Customer acknowledges and agrees that continued access to Services is contingent upon timely
payment of undisputed Service Fees. If Customer fails to pay Service Fees, Company may suspend or
block Customer’s access to Services.
The billing period is one calendar month. Payment plans are available at: www.fraudjudge.com for
Fraud Judge Enterprise solution.
Customer agrees to pay Service Fees by payment card (credit card or debit card), which Customer
will maintain valid and always updated. If you provide payment card information to the Company,
you authorize us to charge such payment card for all one-time and recurring Service Fees.
Service Fees shall be automatically billed on the 3rd day of the following calendar month through a
secure third-party billing system. If an automatic payment fails, Customer will be notified by email
and/or via System. A retry of the payment is initiated during the next 3 (three) days after the initial
payment day.
In the event Customer has not paid any Service Fees due, Company has the right to suspend or block
Customer account until payment is duly received.

In the event automatic payment as described above is declined for the fourth time the Company
reserves the right to apply up to 10% charge to the billed amount. The Company reserves the right
to charge any other processing fees incurred to process payments made by payment card
transactions.
If the Customer disputes any portion of an invoice or payment charged, Customer must notify the
Company in writing via System within 3 (three) days of receipt of invoice. Failure to make timely
payment of the undisputed portion may result in interest charges at 1% per month and may trigger
termination of this Agreement.
Any Service Fees increase Company makes, other than pre-determined fee schedules, if any, will be
effective 30 (thirty) days after publication of new Service Fees on www.fraudjudge.com.


9. Limitations of liability

In no event shall Company be liable to Customer or any party related to Customer for any indirect,
incidental, consequential, special, exemplary or punitive damages (including, without limitation,
damages for loss of business profits, business interruption, loss of business information, loss of data
or other such pecuniary loss), whether under a theory of contract, warranty, tort (including
negligence), products liability, or otherwise, even if Company has been advised of the possibility of
such damages. In no event will the Company’s total aggregate and cumulative liability to Customer
for any and all claims of any kind arising hereunder exceed the amount of Service Fees actually paid
by Customer for the period of 6 (six) months preceding the claim. The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
Customer acknowledges and agrees that Company will have no liability for any loss, damage or claim
which arises as a result of, or in connection with these Terms and Conditions and Customer’s use of
Services, except to the extent that such direct loss is directly attributable to a deliberate act or
negligence, in which case Company’s liability will be subject to limitations set out above.
Company strongly advises Customer to insure against any potential losses, for instance – loss of
business, loss of profits, loss of anticipated savings, loss or damage to Customer Data, third party
claims or any consequential loss.
Some jurisdictions do not allow the exclusion of or limitation or excludes of certain types of
warranties, damages, or liabilities, so the above exclusion and limitations may not apply to
Customer, but in such case the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.


10. Warranties

The Company provided Service, technology and System and any reports derived therefrom are
provided “AS IS” and there are no warranties, claims or representations made by Company either
express, implied, or statutory, with respect to Service, System, documentation, including warranties

of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor
are there any warranties created by course of performance, or trade usage. Company does not
warrant that the Service will meet your needs or be free from errors, or that operation of the
Service will be uninterrupted. The foregoing exclusions and disclaimer are an essential part of Terms
and Conditions and form the basis for determining the price charged for the Service. Some
countries do not allow exclusion of an implied warranty, so this disclaimer may not apply to
Customer in full.
Company does not guarantee, and shall have no liability for, any Services downtime, including,
without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to
Company’s equipment or servers, (b) caused by outages to any public Internet backbones, networks
or servers; (c) caused by any failures of Customer’s equipment, systems or local access services; or
(d) relating to events beyond Company’s control, such as strikes, riots, insurrections, fires, floods,
explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or
interruptions in Internet services to an area where Company or Customer’s servers are located or
co-located.


11. Complaints

Customer and Company undertakes to settle all disputes by negotiation. The Company may accept
Customer’s complaints for review if these complaints were expressed in writing via System using
Contact Person’s e-mail and received within 3 (three) calendar days after the dispute occurrence
date.
Please write Your questions, questions and/or suggestions to email: customer-
[email protected].


12. Term and termination

The Company may terminate, block or suspend access to the Services immediately, without prior
notice or liability, if Customer is in breach of these Terms and Conditions or for any other reason and
without a cause.
To terminate the use of the Services, please follow the steps described in Organization Details Page
in the System.
Upon any termination of the Services (a) Company will cease providing the Services; (b) any
outstanding balance payable by Customer to Company will become immediately due and payable
and any collection expenses incurred will be included in the amount owed; (c) Customer will not be
entitled to any refunds of any usage fees or any other fees; and (d) historical report data may be
made available for a limited period of time upon request from Customer.

Company in its sole discretion may permanently delete Customer’s account if it is blocked or
Customer has terminated use of Services. For Customer Data retention periods please see System
Privacy Policy.
Any termination by Company shall become effective either on the date of notification, if the right to
terminate with immediate effect has been granted or upon the last day of given notice period.
The Company may discard any Customer Data in its possession at any point in time after termination
either by the Customer or Company.
The Company shall not be liable to Customer or any third party for any damages resulting out of or
in connection with the termination of these Terms and Conditions, Services, and blocking of
Customer’s account.


13. Account cancellation

The Company reserves the right in its sole discretion, to refuse or cancel Services without cause.
Services may be cancelled specifically, if:

  • Customer has not cured non-payment;
  • Company has a reason to believe that Customer’s activities may be illegal;
  • Company may be harmed by any fiscal damage due to anyone’s activities; 
  • Customer has not informed about relevant information changes in Organization Details page in the System;
  • Company considers that one or more operations of a Customer were made in violation of these Terms and Conditions;
  • either Company or Customer has active bankruptcy filing, a filing of insolvency or a filing of liquidation, suspension of license needed to operate either Customer or Company is included in international sanctions lists or other event or circumstance resulting in relevant party’s inability to perform its obligations;
  • Customer has failed to provide Company with the Know Your Client/Customer (KYC) documents, if asked to do so.


In case a merger or acquisition has taken place with the Customer, the Customer may continue using
the Services as long as Customer’s digital systems remain operating under the same conditions. For
the Company to approve such a replacement of the legal entity operating the Customer’s account,
the Company shall be informed by the Customer either in advance, or no later than 1 (one) month
from the day when the legal changes have entered into legal force. If this condition is not met, the
Company has the right to refuse the replacement in which case the Customer may be considered
terminated without any right of objection towards the Company.


14. Final provisions

Headings in this document are for reference only and shall not affect the contents and
interpretation of the document.
In this document references to any law shall include references to any statutory modification or re-
enactment thereof or to any regulation or order made under such law, statute or enactment.
The Company reserves the right to, at any time, apply additional charges in the future with prior
notice to the Customer. Such notice may be sent personally to the Customer and/or posted on the
Company’s website, according to these Terms and Conditions. Should the Company at any period of
time decide not to charge any costs, it shall not be construed as a waiver of its rights to apply them
in the future.
If any provision of Terms and Conditions is held to be unenforceable for any reason, such provision
shall be reformed to the extent necessary to make it enforceable to the maximum extent
permissible so as to reflect the intent of the parties, and the remainder of these Terms and
Conditions shall continue in full force and effect.
Terms and Conditions (including any amendment thereto), together with the Website Privacy Policy
and System Privacy Policy, represents the complete agreement between us concerning its subject
matter, and supersedes all prior agreements and representations between the parties. 
Terms and Conditions shall be governed by and construed under the laws of the state of
Netherlands without reference to its conflict of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and Netherlands law, rules, and regulations, Netherlands law,
rules and regulations shall prevail and govern.
If, in the event of conflict, mutual agreement is not reached within 3 (three) calendar months from
the receipt of the invitation for negotiations from the other party, the dispute may be brought
before The Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Company may deliver notice under these Terms and Conditions by (a) means of electronic mail, (b)
posting a notice on the Company’s Website, (c) communication to Customer account.
The Customer and Company acknowledge and agree that all notices, consents, and other
communications provided electronically shall be considered valid and binding, provided that the
communication is sent to the designated email address or other agreed electronic platform.
Any notices to Company must be sent to: [email protected].
In the event Customer’s jurisdiction entails legal notices to be sent in writing, please send these
notices to Company’s legal address duplicating any such notices to email: customer-
[email protected].
Customer may not assign or otherwise transfer any of Customer’s rights hereunder without
Company’s prior written consent, and any such attempt is void. The relationship between Company
and Customer is not one of a legal partnership relationship but is one of independent contractors.

These Terms and Conditions shall be binding upon and inure to the benefit of the respective
successors and assigns of the parties hereto.
Recognizing the global nature of the Internet and the rapid changes around online privacy,
Customer agrees to comply with all local rules regarding online conduct and acceptable content.
Without limiting the foregoing, Customer agrees to comply with all applicable laws regarding the
transmission of Customer Data exported to or from the Netherlands or the country in which you
operate or reside and to comply with any other local laws affecting the Services.

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