This is a binding agreement. Please read it before using Drafsense.
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This is an agreement between Drafsense, LLC ("Drafsense," "we," "us") and the business creating an account ("you," "merchant," "Subscriber"). If you're signing up on behalf of a company, you're confirming you have the authority to bind that company to this agreement. This agreement takes effect when you create an account, accept these terms, or use the Service — whichever happens first. It incorporates our Privacy Policy and our Acceptable Use Policy by reference.
We may update these Terms from time to time. If we do, we'll post the update here and update the date at the top. Continuing to use Drafsense after a change takes effect means you accept the updated terms. If you don't agree with a change, your option is to stop using the Service and close your account.
You must be at least 18 and authorized to act for the business you're registering.
Drafsense is software that helps you generate remotely created checks based on payment authorization you've obtained from a payer. We are a technology provider only.
We verify routing numbers against the Federal Reserve's public directory before a draft is created, and we require a documented authorization on file before a check can be generated when Mandatory Authorization is enabled on your account. We do not, however, independently verify the identity of your payer or guarantee that any specific transaction is legitimate — that responsibility sits with you, as described in Section 5.
You agree to inspect every check before printing it for accuracy. We are not responsible for errors or omissions in a check caused by incorrect information you entered.
Full detail is in our Acceptable Use Policy, which you agree to as part of these Terms. In short: use Drafsense for legitimate business purposes, with real authorization, and don't use it to violate any law. We may suspend or terminate your account for violating the Acceptable Use Policy.
Drafsense is currently intended for U.S.-based businesses creating checks drawn on U.S. bank accounts.
Current pricing is shown in your account and at signup. Fees may be billed per check created, subject to your plan, or on another basis described at the time you subscribe. We'll give you at least 30 days' notice before a fee change takes effect; continued use after that date means you accept the new pricing. Fees already billed are generally non-refundable, except as described in any refund terms shown at the time of purchase.
If we offer a free trial, its length and terms will be shown at signup. We may modify or end trial offers at any time. What happens to your account at the end of a trial — including any limits on continued access without a paid plan — is described in your account settings.
We encrypt bank account and routing numbers, restrict data access by account, and maintain a permanent audit log of key actions — details are on our Security page. No system is perfectly secure, and by using Drafsense to store and print bank account information, you accept that inherent risk along with us. You're responsible for keeping your own login credentials and account access secure, and for using Drafsense's tools — including Mandatory Authorization — appropriately for your business.
Drafsense, our software, and our content belong to us and are protected by applicable law. You retain ownership of the data you enter — your payer information and check records. You're giving us only the limited right to use that data to provide the Service to you. You may not copy, reverse-engineer, resell, or attempt to extract our underlying software.
Drafsense relies on third-party providers for things like cloud hosting, encryption key management, and payment processing. We choose these providers carefully, but we aren't responsible for their independent failures, and your relationship with your own bank remains entirely your own — Drafsense is not a party to it.
Checks generated by Drafsense are built to MICR industry standards. We do not and cannot guarantee that any particular bank will accept, process, or honor a check generated through the Service. That decision belongs to the bank, exactly as it would for a check written by hand.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR IMMUNE FROM SECURITY INCIDENTS. SOME JURISDICTIONS DON'T ALLOW THESE EXCLUSIONS, SO SOME OF THIS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRAFSENSE'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSSES FROM A CHECK BEING HELD, REJECTED, OR DISPUTED BY A BANK, OR FROM YOUR OWN FAILURE TO OBTAIN PROPER AUTHORIZATION FROM A PAYER.
You agree to defend and indemnify Drafsense against any claim, loss, or expense — including reasonable legal fees — arising from your breach of these Terms, your violation of the Acceptable Use Policy, or your use or misuse of the Service, including claims brought by a payer or a financial institution related to a check you created.
We may suspend or terminate your account, without prior notice, if we reasonably believe you've violated these Terms or the Acceptable Use Policy, if required by law enforcement, if we detect suspected fraud, or for nonpayment. You may close your account at any time by contacting support@drafsense.com. Sections that by their nature should survive closure — indemnification, limitation of liability, the no-custody-of-funds statement — continue to apply after your account is closed.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Service will be resolved in the state or federal courts located in Delaware, and you consent to that jurisdiction.
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision isn't a waiver of it. These Terms, together with the Privacy Policy and Acceptable Use Policy, are the entire agreement between us regarding the Service. You may not assign your rights under this agreement without our consent; we may assign ours.
Questions about these Terms can be directed to support@drafsense.com.