Failment

Terms of Service

Last updated: 07.09.2025

These Terms of Service ("Terms") govern your use of the services provided by Trick Consulting LLC, trading as Failment ("Failment," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

These Terms should be read together with our Privacy Policy and Data Processing Agreement, which form an integral part of your agreement with us.

1. Services

Failment provides a comprehensive platform for monitoring and recovering failed subscription and payment transactions. The Services include:

Core Features:

  • Failed Payment Alerts — Real-time notifications delivered via email, Slack, Discord, Microsoft Teams, or other configured channels
  • Push Notifications — Immediate alerts sent even when you are not actively using the application
  • Live Visibility Dashboard — Centralized dashboard displaying payment statuses, failure reasons, and recovery insights in real time
  • Payment Recovery Actions — Automated customer communications with secure recovery links to Stripe checkout

Failment may enhance, update, or discontinue specific features from time to time, provided that such changes do not materially reduce the core functionality of the Services.

2. Eligibility and Account Registration

By using the Services, you represent and warrant that:

  • You have the legal authority to enter into these Terms
  • If representing an entity, you have authority to bind that entity
  • You will maintain the security of your account credentials and API keys
  • You will promptly notify us of any unauthorized use of your account

3. Stripe Integration and Data Access

Failment uses restricted Stripe API keys with read-only permissions limited to:

Primary Data Access:

  • Charges and transactions (up to 5,000 with safety cap)
  • Payment statuses (succeeded, failed, pending)
  • Payment amounts and currencies
  • Failure reasons and error codes
  • Customer email addresses and timestamps
  • Payment intent IDs and invoice IDs

Additional Read Access:

  • Customer profiles and subscription information
  • Checkout session details
  • Webhook management (write access for notifications only)

All API permissions are securely encrypted and stored in our AWS RDS databases. Failment never stores or processes full payment card details.

4. Fees and Payment

  • Services may be subject to subscription or usage-based fees as displayed on our pricing page
  • All fees are billed securely via Stripe
  • Fees are generally non-refundable unless otherwise required by applicable law
  • Price changes will be communicated in advance with reasonable notice

5. Data Protection and Security

Failment operates as a data processor under applicable data protection laws, including GDPR and CCPA:

  • Our Data Processing Agreement (DPA) forms part of these Terms and is available upon request
  • All payment processing is handled by Stripe, a PCI DSS Level 1 Service Provider
  • Data is stored and processed securely on AWS RDS with encryption in transit and at rest
  • Data retention is limited to 450 days, after which it is automatically deleted
  • Upon service termination, all customer data is immediately and irreversibly deleted

6. Acceptable Use

You agree not to misuse the Services. Prohibited activities include:

  • Using the Services to send spam or unauthorized communications
  • Attempting to gain unauthorized access to other accounts or Failment systems
  • Reverse engineering, modifying, or attempting to extract source code
  • Using the Services for any illegal or fraudulent activities
  • Interfering with or disrupting the Services or servers

7. Intellectual Property

Failment retains all rights, title, and interest in and to the Services, including software, trademarks, and content. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

8. Service Availability

While we strive for high availability:

  • Services may occasionally be unavailable due to maintenance, updates, or technical issues
  • We will provide reasonable notice for planned maintenance when possible
  • Failment is not liable for temporary service interruptions

9. Term and Termination

Your Rights: You may terminate your account at any time through your dashboard or by contacting support.

Our Rights: We may suspend or terminate your access if you violate these Terms or use the Services in a way that may harm us, other users, or third parties.

Effect of Termination: Upon termination, all Services will cease and all stored data will be deleted immediately and irreversibly.

10. Disclaimers

The Services are provided "as is" and "as available."

Important: Failment does not guarantee that every failed payment will be recovered. We provide reliable notification and recovery workflows, but customer completion of recovery checkout flows is beyond our control.

We disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law:

  • Failment shall not be liable for indirect, incidental, or consequential damages, including lost revenue or profits
  • We are not responsible for revenue lost due to customers failing to complete recovery checkout flows
  • Our total liability shall not exceed the fees paid by you during the six (6) months prior to the event giving rise to the claim

12. Indemnification

You agree to indemnify and hold harmless Failment from any claims, liabilities, damages, or expenses arising out of your use of the Services, violation of these Terms, or violation of applicable law.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated in advance via email or dashboard notification. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the United States, without regard to conflict of law principles.

Any disputes shall be resolved through good faith negotiations first. If unsuccessful, disputes may be subject to binding arbitration or court proceedings as permitted by applicable law.

15. Miscellaneous

  • If any provision of these Terms is found unenforceable, the remainder shall remain in full force
  • These Terms constitute the entire agreement between you and Failment regarding the Services
  • No waiver of any term shall be deemed a continuing waiver
  • You may not assign these Terms without our written consent

16. Contact Us

For questions regarding these Terms, our DPA, or Security & Compliance, please contact us:

Trick Consulting LLC (trading as Failment)

Email: support@failment.com