Terms of Service

Acceptance

By installing the Do The Proof Shopify app, creating an account, or otherwise accessing the service, you (“Merchant” or “you”) agree to be bound by these Terms of Service (“Terms”). If you are accepting on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the service.

These Terms are a legally binding agreement between you and Do The Proof (“we,” “our,” or “us”). The Data Processing Agreement is incorporated into these Terms by reference and governs our processing of your customers’ personal data. Changes to these Terms follow the notice mechanism in the Changes section below.

Service Description

Do The Proof is a chargeback dispute management tool for Shopify merchants. The service:

• Retrieves dispute and order data from your connected Stripe and Shopify accounts
• Assembles evidence relevant to each chargeback dispute
• Generates a draft rebuttal letter using an AI language model; where the evidence cannot support a rebuttal, no draft is generated
• Provides a dashboard for reviewing and editing that evidence, and for sending it to your payment processor where your processor allows us to, or preparing it for you to send where it does not.
• Reports the amount recovered on disputes we handled for you to Shopify, which bills our fee.

The service does not: guarantee any chargeback outcome; provide legal advice; represent you before any financial institution; or access your Shopify or Stripe accounts for any purpose other than dispute evidence assembly, submission you initiate, and the fee reporting described above. Any probability estimate shown in the dashboard is a rule-based estimate, not a promise of outcome.

Account Registration and Termination

Access to Do The Proof is granted by installing the app on your Shopify store and completing the OAuth authorization flow. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You may terminate your account at any time by uninstalling the Shopify app. We retain your data for 30 days after uninstallation in case of reinstallation, then permanently delete it; records of closed disputes may be deleted earlier under the retention windows described in our Privacy Policy. You may also request immediate deletion by emailing hello@dotheproof.com.

We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.

Acceptable Use

You agree not to use Do The Proof to:

• Submit false, fabricated, or misleading evidence to a payment processor or card issuer
• Dispute chargebacks that you know to be legitimate, including disputes filed by customers who did not receive their order, received a materially different product, or were charged without authorization
• Reverse engineer, scrape, or systematically extract data from the service
• Resell or sublicense access to the service
• Use the service in any way that violates applicable law, including consumer protection laws, card network rules, or anti-money laundering regulations
• Use AI-generated rebuttal content without reviewing it for accuracy

Subscription and Billing

Do The Proof is free to install. There is no monthly subscription fee, and no fee on disputes that are lost, expired, withdrawn, or not contested.

• Billing through Shopify. All charges are processed through Shopify App Pricing and appear on your Shopify invoice, on your Shopify billing cycle. We do not receive or store your payment details. Approval of a plan on Shopify’s plan selection page authorises these charges.
• Fees. Plans and fees are presented and approved through Shopify’s billing when you choose a plan, and are described on our pricing page. Success fees apply only to disputes handled through Do The Proof, where you approve the response in the app and we prepare and file it with your payment processor. We never bill for disputes you handle outside Do The Proof.
• Currency. Fees are currently assessed only on disputes denominated in USD.
• Notice of fees. The dispute’s activity view records the fee on the day the win is recorded, and the outcome notification email states the fee amount.
• Later reversals. If a won dispute is subsequently reversed or reopened by the issuer, fees already assessed are not automatically reversed; our systems are notified of the win but not always of a later reversal. If you notify us with the dispute reference and we confirm the reversal, we will credit the fee against your future fees, or refund it where no future fees are expected (for example, because you are uninstalling). Shopify’s billing system limits invoice corrections to the current billing cycle; the remedy is therefore a credit or refund from us rather than an invoice correction, and it does not depend on when the reversal is discovered.
• Uninstallation. Fees incurred under the Fees clause above before you uninstall remain payable and are reported to Shopify at or shortly after uninstallation, appearing on your final Shopify invoice.
• Refunds. Except for billing errors (which we will correct) or where required by law, success fees are non-refundable once the fee has been incurred under the Fees clause above.
• Rate changes. Fee rates are those shown when you approved your plan. Any change goes through Shopify’s plan-update flow, which requires your approval before it takes effect.

Intellectual Property

Do The Proof and its underlying software, design, and content are owned by us and protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the service for your internal business purposes.

You retain all rights to your data: your Shopify order data, your Stripe dispute data, and any rebuttal text you draft or edit. AI-generated draft text produced by Do The Proof on your behalf is provided to you for your use and review. We do not use your data, including derived or aggregated forms, to train, fine-tune, or improve any AI system; it is processed for inference only, to produce your drafts.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ASSEMBLED EVIDENCE OR AI-GENERATED DRAFTS WILL BE ACCURATE OR COMPLETE (SEE THE EVIDENCE ACCURACY AND AI DISCLAIMER ABOVE); OR THAT USE OF THE SERVICE WILL RESULT IN ANY CHARGEBACK BEING WON. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of the above may not apply to you; in that case the exclusions apply to the maximum extent the law of your jurisdiction permits.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DO THE PROOF AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF CHARGEBACK DISPUTES, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $1,000 USD.

Exclusions from the cap. NOTHING IN THESE TERMS LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR: (A) FRAUD; (B) WILLFUL MISCONDUCT OR WILLFUL INJURY; (C) VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT; (D) GROSS NEGLIGENCE; (E) BREACH OF CONFIDENTIALITY OBLIGATIONS; (F) BREACH OF DATA-PROTECTION OBLIGATIONS, INCLUDING UNDER THE DATA PROCESSING AGREEMENT; OR (G) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS.

The limitations in this section apply only to the maximum extent permitted by applicable law. They are not intended to, and do not, exempt any party from responsibility described in California Civil Code § 1668, and they shall be construed so as to remain consistent with it.

Indemnification

By you. You agree to indemnify, defend, and hold harmless Do The Proof and its affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from: (a) your use of the service in violation of these Terms; (b) false or fraudulent evidence submitted to a payment processor using our tools; or (c) your violation of any applicable law.

By us. We will defend you against any third-party claim alleging that the service, as provided by us and used in accordance with these Terms, infringes that party’s intellectual property rights, and we will indemnify you for the damages, costs, and reasonable attorney fees finally awarded on (or agreed in settlement of) that claim. This does not cover claims arising from: your data or content; combination of the service with anything we did not supply, where the claim would not exist without the combination; modifications we did not make; or continued use after we have notified you of a claim and provided a non-infringing alternative. If such a claim is made or we believe one is likely, we may procure the right for you to continue using the service, modify it to be non-infringing without material loss of function, or, if neither is commercially reasonable, terminate your access and refund the fees you paid us in the 12 months before termination. This section states our entire liability and your exclusive remedy for third-party infringement claims.

Procedure. For both indemnities, the indemnified party must give prompt written notice of the claim, allow the indemnifying party sole control of the defence and settlement (no settlement imposing obligations on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party’s expense.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict-of-laws principles.

Dispute Resolution

Before initiating formal proceedings, the parties will attempt to resolve any dispute arising out of these Terms through good-faith negotiation: either party may open the process with written notice describing the dispute, and the parties will confer within 30 days of that notice.

If the dispute is not resolved informally, it shall be brought exclusively in the state or federal courts located in California, and each party consents to the personal jurisdiction and venue of those courts. Either party may seek injunctive or equitable relief at any time for misuse of intellectual property or confidential information. Nothing in these Terms waives either party’s right to a trial or limits either party’s ability to bring claims permitted by applicable law.

General

• Severability. If any provision of these Terms is held invalid or unenforceable, in whole, in part, or as applied to particular conduct, that provision is limited or severed to the minimum extent necessary, and the rest of these Terms remains in full force. Where permitted, the provision shall be reformed to achieve its intent as nearly as the law allows.
• Survival. Sections that by their nature should survive termination survive it, including Evidence Accuracy and AI Disclaimer, accrued Subscription and Billing obligations, Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and this General section, plus the DPA to the extent it says it survives.
• Assignment. You may not assign these Terms without our prior written consent, which we will not unreasonably withhold. We may assign them in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you; your termination right (uninstalling) is unaffected.
• Entire agreement. These Terms, the Privacy Policy, and the Data Processing Agreement are the entire agreement between the parties about the service and supersede all prior discussions. Shopify’s own terms govern your relationship with Shopify, not with us.
• Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control (including outages of Shopify, Stripe, or hosting providers; natural disasters; war; or government action), provided it resumes performance as soon as reasonably possible.
• No third-party beneficiaries. These Terms create no rights in anyone other than you and us. Your customers are not parties to these Terms.
• Notices. Notices to you go to the email address on your merchant account and are deemed received when sent. Notices to us go to hello@dotheproof.com and are deemed received on our acknowledgment or one business day after sending, whichever is first.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.

Changes to These Terms

We will provide at least 14 days’ notice of material changes to these Terms via email to the address associated with your merchant account. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

Contact

Questions about these Terms: hello@dotheproof.com