Terms and Conditions

1. Agreement to Terms

By accessing or using RetentUp.com (the "Service"), operated by RetentUp.com ("we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

RetentUp.com is a customer retention and engagement platform that provides:

• Multichannel conversation orchestration across email, calls, iMessage, Telegram, and SMS
• Behavioral intelligence to time and personalize customer touchpoints
• AI-assisted, human-like call conversations with your customers
• Retention journey design and automation
• Analytics and reporting on engagement and retention
• CRM synchronization of conversation outcomes

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• To contact recipients who have no existing relationship with your business or have not opted in to your communications
• To send unsolicited commercial messages ("spam")
• To violate any applicable local, national, or international law or regulation
• To impersonate or attempt to impersonate us or another user
• To engage in any conduct that restricts or inhibits anyone's use of the Service
• To transmit viruses, malware, or any other harmful code
• To collect or track personal information of others without consent

4.2 Messaging Compliance

You agree to comply with all applicable marketing and communications laws and regulations, including but not limited to:

• The General Data Protection Regulation (GDPR)
• The CAN-SPAM Act (United States)
• The Telephone Consumer Protection Act (TCPA) for calls and SMS (United States)
• The Privacy and Electronic Communications Regulations (PECR) (UK)
• Canada's Anti-Spam Legislation (CASL)

4.3 Content Restrictions

You may not use the Service to send content that:

• Is illegal, fraudulent, or deceptive
• Infringes on intellectual property rights of others
• Contains malware, phishing attempts, or security threats
• Promotes illegal activities or violence
• Contains defamatory, obscene, or offensive material beyond industry norms

5. User Data and Privacy

5.1 Your Customer Data

You retain all rights to your customer databases and contact lists. By uploading data to the Service, you grant us a limited license to process this data solely for the purpose of providing the Service to you. You are solely responsible for the lawfulness of the data you upload, including obtaining and maintaining all necessary consents and a valid legal basis to contact each person in your databases.

5.2 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Secure data storage
• Regular security reviews and updates
• Access controls and authentication mechanisms

5.3 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws. For customer data you upload, you are the data controller and we act as a data processor, as set out in our Data Processing Agreement.

6. Fees and Payment

6.1 Subscription Plans

Access to certain features of the Service requires a paid subscription. Current pricing and plans are available on our website and may be changed at our discretion with 30 days' notice.

6.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

6.3 Payment Methods

We accept payment via credit card, debit card, or other methods as specified on our website. You authorize us to charge your payment method for all fees incurred.

6.4 Failed Payments

If payment fails, we may suspend or terminate your access to the Service. You remain responsible for any unpaid amounts.

7. Intellectual Property Rights

7.1 Our IP

The Service, including all content, features, and functionality, is owned by RetentUp.com and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

7.2 User Content

You retain ownership of all content you create using the Service. However, you grant us a license to use, reproduce, and process this content solely for the purpose of providing the Service.

7.3 Feedback

If you provide us with feedback or suggestions about the Service, we may use this feedback without any obligation to you.

8. Service Availability and Support

8.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted availability. The Service may be unavailable during maintenance, updates, or due to circumstances beyond our control.

8.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

8.3 Support

We provide customer support via email. Response times may vary based on your subscription plan.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of prepaid fees.

9.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Fair Use Policy
• Your payment fails or your account is past due
• We are required to do so by law
• Continuing to provide the Service could harm us or other users

9.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We will retain your data for 30 days after termination, after which it will be permanently deleted unless retention is required by law.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Limitation of Liability

To the maximum extent permitted by law, RetentUp.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill arising out of your use of the Service.

Our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.3 Deliverability

While we strive to optimize message deliverability across all channels, we do not guarantee that your messages will reach recipients or achieve any specific delivery rate. Factors beyond our control, including carrier, provider, and platform policies, affect deliverability.

11. Indemnification

You agree to indemnify, defend, and hold harmless RetentUp.com, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your customer data or message content

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12.3 Informal Resolution

Before filing a claim, you agree to contact us at legal@retentup.com to attempt to resolve the dispute informally.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and RetentUp.com regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

14. Contact Information

For questions about these Terms, please contact us:

RetentUp.com
Email: legal@retentup.com