Terms of Service

Last updated: March 28, 2026

1. Introduction

Welcome to RetainFlow, Inc. (“RetainFlow”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our dunning and revenue recovery platform, which helps businesses recover failed payments, reduce churn, and automate customer communications (the “Service”).

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must:

  • Be at least 18 years old
  • Have the authority to enter into agreements on behalf of your business
  • Use the Service only for lawful business purposes

3. Description of Service

Our Service provides tools to:

  • Detect failed or at-risk payments
  • Automate dunning emails and recovery workflows
  • Trigger retry logic via integrations (for example, payment processors)
  • Provide analytics on churn, retention, and recovery

We may update or modify features at any time.

4. Account Registration

To use the Service, you must:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of unauthorized access

You are responsible for all activity under your account.

5. Customer Data and Roles

Ownership

You retain ownership of all data you provide or sync (“Customer Data”), subject to the rights we need to operate the Service.

Roles

  • You are the data controller for Customer Data relating to your end users, where applicable.
  • We act as a data processor when we process such data on your behalf to provide the Service.

We process Customer Data to provide the Service and in accordance with your instructions.

Responsibility

You are responsible for:

  • Ensuring lawful collection and use of Customer Data
  • Obtaining necessary consents from your customers where required
  • Complying with applicable laws (including GDPR, CAN-SPAM, and similar regulations)

Our handling of personal data is also described in our Privacy Policy.

6. Payment and Subscription Terms

Fees

  • The Service is provided on a subscription basis.
  • Fees are billed monthly or annually, as you select.

Billing

  • Payments are processed via third-party providers (for example, Stripe).
  • You authorize us to charge your payment method for all applicable fees.

Late payments

We may:

  • Suspend or limit access for overdue accounts
  • Charge applicable late fees if stated in your plan or order form

Refunds

Fees are generally non-refundable unless otherwise specified in writing.

7. Acceptable Use

You agree not to use the Service to:

a) Violate laws

  • Send unlawful communications
  • Violate privacy or data protection laws

b) Send spam or abuse

  • Send unsolicited or deceptive emails
  • Violate CAN-SPAM, GDPR, or similar regulations
  • Ignore unsubscribe requests

c) Misuse payment systems

  • Attempt unauthorized retries or fraudulent transactions
  • Manipulate billing systems in harmful ways

d) Platform abuse

  • Reverse engineer or copy the Service except as permitted by law
  • Interfere with system integrity or security

8. Email and Communication Responsibility

You acknowledge that:

  • You control the content and recipients of communications sent using your account
  • You are legally responsible for messages sent via our platform on your behalf

You must ensure:

  • Proper consent (where required)
  • Clear identification of the sender
  • Functional unsubscribe mechanisms

We may suspend accounts for violations.

9. Integrations and Third-Party Services

Our Service integrates with third-party providers (for example, payment processors, email services).

We are not responsible for:

  • Third-party outages or failures
  • Data accuracy from external systems
  • Actions taken by those services

Your use of integrations is subject to their respective terms and policies.

10. Service Availability

We aim to provide reliable service but do not guarantee:

  • Uninterrupted or error-free operation
  • Any specific rate of recovery of failed payments

We may perform maintenance or updates that temporarily affect availability.

11. Intellectual Property

We retain all rights to:

  • The Service
  • Software, design, and branding

You may not copy, modify, or distribute our intellectual property without permission.

12. Data Security

We implement reasonable security measures. You acknowledge that no system is completely secure and that you use the Service at your own risk.

13. Confidentiality

Both parties agree to protect confidential information and not disclose it to third parties without consent, except as required by law.

14. Termination

By you

You may cancel your subscription in accordance with your plan or our instructions.

By us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in unlawful or abusive behavior
  • Fail to pay fees

Effect of termination

Access to the Service may be revoked. Data may be deleted after a reasonable period, subject to our Privacy Policy and applicable law.

15. Disclaimer of Warranties

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific revenue recovery results, error-free operation, or compatibility with all systems.

16. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • Our total liability for claims arising from the Service is limited to the amount paid by you to RetainFlow in the twelve (12) months before the claim

17. Indemnification

You agree to indemnify and hold RetainFlow harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your breach of applicable laws.

18. Changes to Terms

We may update these Terms from time to time. We will post updates on our website and may email you for significant changes. Continued use of the Service after changes become effective constitutes acceptance unless we require otherwise.

19. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. You consent to the exclusive jurisdiction of courts located in Delaware for disputes arising from these Terms, subject to applicable law.

If your primary place of business is outside the United States, mandatory consumer or other local laws may also apply.

20. Contact Us

For questions regarding these Terms: