Effective Date: June 6, 2025
Operated by Embeddefi LLC, d/b/a Fee Insider
These Terms of Service ("Terms") constitute a legally binding agreement between you (individually or on behalf of the entity you represent, "Customer," "you," or "your") and Embeddefi LLC ("Company," "we," "us," or "our"), governing your access to and use of the Fee Insider platform and all associated services, features, content, and software (collectively, the "Service").
By accessing or using the Service, creating an account, or clicking "Accept," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
Fee Insider is a payment processing intelligence platform designed for payment processors, independent sales organizations ("ISOs"), agents, and merchants. The Service provides tools for merchant onboarding, transaction monitoring, settlement and adjustment tracking, residual calculation, chargeback management, downgrade monitoring, commercial card optimization, real-time statement generation, and related analytics and reporting functions.
The features available to you depend on the subscription plan you have purchased and the role assigned to your account. We reserve the right to modify, update, or discontinue any feature or aspect of the Service at any time, with or without notice, though we will endeavor to provide advance notice for material changes.
Account Creation: Access to the Service requires a registered account. Accounts are created by platform administrators or by invitation. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at legal@feeinsider.com if you suspect unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
Authorized Users: If you are a processor or administrator, you are responsible for all users you invite to or provision on the Service, and for ensuring that such users comply with these Terms.
Account Suspension: We reserve the right to suspend or terminate any account that violates these Terms, engages in fraudulent activity, or poses a security risk to the Service or other users.
Subscription Plans: Access to the Service is provided on a subscription basis. Available plans, pricing, and features are described at https://www.feeinsider.com/pricing, which may be updated from time to time.
Fees: You agree to pay all fees applicable to your selected subscription plan. Fees are stated in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying.
Billing: Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.
Changes to Pricing: We reserve the right to modify our pricing at any time. We will provide at least thirty (30) days' prior notice of price changes via email or through the Service. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
Refunds: Fees paid are generally non-refundable except as required by applicable law or as expressly stated in your written agreement with us. If you believe a billing error has occurred, contact us at legal@feeinsider.com within thirty (30) days of the charge.
Suspension for Non-Payment: We reserve the right to suspend your access to the Service if any payment is overdue by more than ten (10) days, following written notice.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any manner that violates applicable federal, state, local, or international law or regulation
We reserve the right to investigate any suspected violation of this policy and to take appropriate action, including suspension or termination of your account and reporting to law enforcement.
Your Data: You retain all ownership rights to the data you upload, submit, or otherwise provide to the Service ("Customer Data"). By using the Service, you grant us a limited, non-exclusive license to process, store, and use Customer Data solely as necessary to provide and improve the Service and as described in our Privacy Policy.
Data Accuracy: You are solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Data. We do not verify the accuracy of data you provide.
Privacy Policy: Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is available at https://www.feeinsider.com/privacy and incorporated into these Terms by reference.
Data Processing: To the extent that Customer Data includes personal data subject to applicable data protection laws (such as GDPR or CCPA), you and the Company will each comply with your respective obligations under such laws. If required by applicable law, we will enter into a data processing addendum upon your written request.
Security: We implement reasonable administrative, technical, and physical safeguards to protect Customer Data. However, you acknowledge that no security measures are perfect and we cannot guarantee absolute security of your data.
Our Intellectual Property: The Service, including all software, algorithms, interfaces, designs, text, graphics, logos, and documentation, is owned by Embeddefi LLC and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited right to use it as expressly permitted herein.
Your Intellectual Property: We acknowledge that Customer Data and any proprietary business information you provide remain your property. Nothing in these Terms grants us any ownership rights in your intellectual property.
Feedback: If you provide us with suggestions, feedback, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, incorporate, and commercialize such Feedback without restriction or compensation to you.
Third-Party Trademarks: All product names, trademarks, and registered trademarks mentioned in connection with the Service or its integrations — including but not limited to Clover, Salesforce, QuickBooks, MX Technologies, and others — are the property of their respective owners. Embeddefi LLC is not affiliated with, endorsed by, or sponsored by any such third parties.
Restrictions: You may not copy, modify, distribute, sell, sublicense, or create derivative works based on the Service or any portion thereof without our prior written consent.
The Service may integrate with or provide access to third-party platforms, services, or data sources, including but not limited to MX Technologies, Clover POS, and Salesforce (collectively, "Third-Party Services"). Your use of Third-Party Services is subject to the separate terms and privacy policies of those providers, and we are not responsible for the content, availability, accuracy, or practices of any Third-Party Service.
We do not warrant or guarantee the continued availability of any Third-Party Service integration. If a third-party provider terminates or modifies its service or API, we may need to modify or discontinue the relevant integration without notice, and we will not be liable for any resulting disruption to your use of the Service.
You are responsible for obtaining and maintaining any licenses, consents, or authorizations required to connect your accounts with Third-Party Services.
Each party may have access to certain confidential information of the other party in connection with the Service ("Confidential Information"). Confidential Information includes, without limitation, business strategies, financial information, customer data, technical specifications, and pricing.
Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) not disclose such Confidential Information to any third party except as necessary to perform obligations under these Terms or as required by law; and (c) use Confidential Information solely for the purposes contemplated by these Terms.
These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party before disclosure; (iii) is independently developed by the receiving party; or (iv) is disclosed pursuant to legal process, provided the receiving party gives prompt notice where permitted by law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBEDDEFI LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
The Service is intended as a business intelligence and management tool. It does not constitute financial, legal, accounting, or compliance advice. You are solely responsible for all business decisions made in reliance on information provided by the Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
Exclusion of Consequential Damages: IN NO EVENT WILL EMBEDDEFI LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability: OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
You agree to defend, indemnify, and hold harmless Embeddefi LLC, its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service in violation of these Terms
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.
Term: These Terms are effective from the date you first access or use the Service and continue until terminated as provided herein.
Termination by You: You may terminate your subscription at any time by providing written notice to legal@feeinsider.com or through your account settings. Termination will be effective at the end of the then-current billing period. You will not receive a refund for any prepaid fees for the remainder of the billing period.
Termination by Us: We may suspend or terminate your access to the Service at any time, with or without cause, upon thirty (30) days' written notice. We may terminate immediately and without notice if you materially breach these Terms, engage in fraudulent activity, or your use of the Service poses a security or legal risk.
Effect of Termination: Upon termination, your right to access and use the Service will cease immediately. You may request an export of your Customer Data within thirty (30) days of termination, after which we may delete your data in accordance with our data retention practices. All provisions of these Terms that by their nature should survive termination will do so, including Sections 7, 9, 10, 11, 12, and 14.
Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
Informal Resolution: Before initiating formal dispute proceedings, you agree to contact us at legal@feeinsider.com and attempt to resolve the dispute informally for at least thirty (30) days.
Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in the State of Washington. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: YOU AND COMPANY EACH WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. Disputes must be brought on an individual basis only.
Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
Entire Agreement: These Terms, together with the Privacy Policy and any order forms or written agreements referencing these Terms, constitute the entire agreement between you and Embeddefi LLC with respect to the Service and supersede all prior agreements, representations, and understandings.
Amendment: We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes via email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.
Waiver: Our failure to enforce any provision of these Terms will not be deemed a waiver of our right to enforce that provision in the future.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations without restriction.
Force Majeure: Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
Notices: Notices to us must be sent to legal@feeinsider.com. Notices to you will be sent to the email address associated with your account.
If you have questions about these Terms of Service, please contact us at:
Embeddefi LLC d/b/a Fee Insider State of Washington
Email: legal@feeinsider.com
Website: https://www.feeinsider.com
For billing inquiries, account disputes, or legal matters, please include your account name, the nature of your inquiry, and relevant supporting details. We will respond within ten (10) business days.