FYI: is "no refund" enforceable?

I publish illustrative scenarios prepared by my practice. The participants and conversations are fictional. These are not posts by real users, accounts of client experiences or reports of actual results.
Started by cubicle_rebel_12 · Aug 11, 2024 · 4 replies
For informational purposes only. Not legal advice.
CR
cubicle_rebel_12 OP

Customer signed up for annual plan ($2,400/year). Used the product actively for 3 months. Then filed a chargeback claiming the charge was "unauthorized."

Our terms clearly say "annual subscriptions are non-refundable." We have their email confirmation, login history, actual usage data. Stripe still ruled in their favor.

What's the point of having a no-refund policy if customers can just chargeback anyway?

BE
brief_encounter_12 Attorney

Check your Terms of Service. Most SaaS agreements include a choice of venue clause โ€” "all disputes shall be resolved in [your state]." If your ToS says Texas, you can sue in Texas. They'd have to travel or default.

If you don't have a venue clause, add one. You want home court advantage.

CR
cubicle_rebel_12 OP

UPDATE: Sent the customer a demand letter citing our Terms of Service and attaching their usage data. Gave them 14 days to pay. They responded within 2 days โ€” offered to settle for $1,200. I accepted because $1,200 now beats maybe $2,400 never.

Also adding the pre-renewal email notification to our billing flow. Good suggestions all around.

NB
need_buyer_33

Following this thread - very interested in the outcome.

LC
lost_contractor_56

Did you send a formal demand letter? That often gets faster results than customer service.