Acceptance Of These Terms of Service

Protecly LLC . (“Protecly s,” “we,” “us,” or “our”) provides our services (described below) and
related content to you through our website(s) and affiliates located at getprotectly.com and
others (the “Site”, and collectively, the Site, including any updated or new features,
functionality and technology, the “Service”). All access and use of the Service is subject to the
terms and conditions contained in these Terms of Service (as amended from time to time, these
“Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of
the Service, you acknowledge that you have read, understood, and agree to be bound by these
Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you
may not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of
Service at any time. If we do this, we will post the changes on this page and will indicate at the
top of this page the date these Terms of Service were last revised. You may read a current,
effective copy of these Terms of Service by visiting the Terms and Conditions link on the Site.
We will also notify you of any material changes, either through the Service user interface, a
pop-up notice, email, or through other reasonable means. Your continued use of the Service
after the date any such changes become effective constitutes your acceptance of the new
Terms of Service. You should periodically visit this page to review the current Terms of Service
so you are aware of any revisions. If you do not agree to abide by these or any future Terms of
Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

Definitions
Protectly: Refers to Protectly LLC, the service provider.
Merchant: The business entity connected to Protectly.
Customer: The individual or entity utilizing Protectly's services for shipment protection.
CSR: Customer Service Representative from Protectly LLC responsible for handling claims or
merchant issues.
Widget: Protectly.com badge displayed during checkout or on the sidebar cart, offering
customer protection.
Allowable Claim Types
All claims undergo review by Protectly agents before approval, eligible for a maximum coverage
of $500 per claim. Once a customer files a chargeback against an order, it becomes ineligible for
a claim.

Lost Orders: Orders marked as lost with no movement on the last checkpoint from courier
tracking provided by the Merchant after 10 days. Claims for lost shipments must be filed within
30 days of the order date.
Delivered but Not Received: Customers may need to submit an affidavit or police report to
qualify for stolen or undelivered claims. Customers must have courier tracking provided by the
Merchant proving successful delivery. Claims must be filed within 7 days of order delivery date.
Broken Item: Customers may need to submit an affidavit and provide a photo of the broken
item not matching the ordered item. Merchants are responsible for accurately representing the
sold items. Protectly reserves the right to reject claims if item imagery is misrepresented until
corrected by the Merchant.
All other claims will not be reviewed or reimbursed by Protectly LLC. Protectly LLC reserves the
right to reject any and all claims at Protectly LLC’s discretion.
Information Security
Merchants are responsible for securely maintaining all passwords and API keys provided by
Protectly. Any actual or suspected unauthorized use of passwords or API keys must be promptly
reported to Protectly.
Customer Cooperation
Merchants are expected to:
a. Reasonably cooperate with Protectly in all matters related to the service.
b. Respond promptly to Protectly's requests for information, approvals, authorizations, or
decisions necessary for service provision.
c. Provide requested materials or information to Protectly and ensure accuracy and
completeness.
Unresponsive claims from Customers within 30 days will be automatically denied and cannot be
reopened.
Grant of Rights
Protectly retains all rights, title, and interest in the service, including data, content, and
technology. Merchants retain ownership of their data. Limited rights are granted to use the
service and data in accordance with the agreement.
Fees; Payments; Taxes

Merchants shall pay Protectly weekly fees on automatic withdrawl according to the fee
schedule and instructions provided. Protectly reserves the right to increase fees with prior
notice.
Term; Termination
The agreement begins upon subscription and continues for the initial term. Either party may
terminate with a 30-day notice. Protectly reserves the right to terminate the agreement at any
time.
Customer Data
Merchant data is stored securely and used solely for service provision and improvement.
Protectly may use anonymized and aggregated data for analytics and service enhancement.
OP Limited Warranty
Protectly provides the service competently and warrants ownership or sufficient rights to grant
licenses.
Disclaimer
Protectly disclaims all warranties except those explicitly provided. It does not guarantee
uninterrupted service or specific results.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECLY S PARTIES WILL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROTECLY S PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE
THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT WILL THE PROTECLY PARTIES’ TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID
PROTECLY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE

MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE
INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW
JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE
STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF
THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Security
Protectly prioritizes security to ensure data confidentiality and system integrity. Industry-
standard technologies and employee training are employed to maintain security standards.
Vulnerability Disclosure
To report vulnerabilities or security concerns, contact orders@protectly.com.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold
harmless Protectly, its affiliates, and its and their respective officers, employees, directors,
service providers, licensors, and agents (collectively, the “Protectly Parties”) from any and all
losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any
kind, and injury (including death) arising out of or relating to your use of the Service, any User
Content, your connection to the Service, your violation of these Terms of Service, or your
violation of any rights of another. Protectly will provide notice to you of any such claim, suit, or
proceeding. Protecly reserves the right to assume the exclusive defense and control of any
matter that is subject to indemnification under this section, and you agree to cooperate with
any reasonable requests assisting Protecly defense of such matter. You may not settle or
compromise any claim against the Protecly Parties without Protecly written consent.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as
the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or
may arise between you and Protecly, whether arising out of or relating to these Terms of
Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the
relationship or transactions between us, will be resolved exclusively through final and binding

arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement,
except that you may assert individual claims in small claims court, if your claims qualify.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention
of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against
us on your behalf. You agree that, by entering into these Terms of Service, you and Protecly are
each waiving the right to a trial by jury or to participate in a class action. Your rights will be
determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PROTECLY S AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROTECLY S
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU
MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF
UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS
PROVISION.
c. Pre-Arbitration Dispute Resolution
Protecly is always interested in resolving disputes amicably and efficiently, and most customer
concerns can be resolved quickly and to the customer’s satisfaction by emailing customer
support at orders@getprotectly.com. If such efforts prove unsuccessful, a party who intends to
seek arbitration must first send to the other, by email a written Notice of Dispute (“Notice”).
The Notice to Protecly should be sent to orders@getprotectly.com. The Notice must (i)
describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.
If Protecly and you do not resolve the claim within sixty (60) calendar days after the Notice is
received, you or Protecly may commence an arbitration proceeding. During the arbitration, the
amount of any settlement offer made by Protecly or you will not be disclosed to the arbitrator
until after the arbitrator determines the amount, if any, to which you or Protecly is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer
Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For
information on the AAA, please visit its website, https://www.adr.org. Information about the
AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration
page, https://www.adr.org/consumer. If there is any inconsistency between any term of the
AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration

Agreement will control unless the arbitrator determines that the application of the inconsistent
Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator
must also follow the provisions of these Terms of Service as a court would. All issues are for the
arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of
this Arbitration Agreement. Although arbitration proceedings are usually simpler and more
streamlined than trials and other judicial proceedings, the arbitrator can award the same
damages and relief on an individual basis that a court can award to an individual under these
Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and
may be overturned by a court only for very limited reasons.
Unless Protecly and you agree otherwise, any arbitration hearings will take place in a
reasonably convenient location for both parties with due consideration of their ability to travel
and other pertinent circumstances. If the parties are unable to agree on a location, the
determination will be made by AAA. If your claim is for $10,000 or less, Protecly agrees that you
may choose whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator will issue a reasoned written decision sufficient to explain the essential findings
and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will
be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the
extent any Arbitration Fees are not specifically allocated to either Protecly or you under the
AAA Rules, Protecly and you shall split them equally; provided that if you are able to
demonstrate to the arbitrator that you are economically unable to pay your portion of such
Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be
required to pay your portion of any Arbitration Fees, Protecly will pay your portion of such fees.
In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive
as compared to the costs of litigation, Protecly will pay as much of the Arbitration Fees as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment
of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator,
will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement
(other than subsection (b) above titled “Prohibition of Class and Representative Actions and
Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such
term or provision with a term or provision that is valid and enforceable and that comes closest
to expressing the intention of the invalid or unenforceable term or provision, and this
Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides

that any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the
entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed
to be invalid or unenforceable solely with respect to claims for public injunctive relief. The
remainder of these Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Protecly agrees that if
it makes any future change to this Arbitration Agreement (other than a change to the Notice
Address) while you are a user of the Service, you may reject any such change by sending
Protecly written notice within thirty (30) calendar days of the change to the Notice Address
provided above. By rejecting any future change, you are agreeing that you will arbitrate any
dispute between us in accordance with the language of this Arbitration Agreement as of the
date you first accepted these Terms of Service (or accepted any subsequent changes to these
Terms of Service).
Disapproved Merchant Products & Industries
Merchants selling disapproved products or operating in disallowed industries will face account
cancellation.