Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the RetentionLab platform (the “Service”) operated by InsightsRLAB (“RetentionLab,” “we,” “us,” or “our”). By creating an account or using the Service, you (“you,” “your,” or “Client”) agree to be bound by these Terms.

If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

By agreeing to these Terms of Service, you also acknowledge and agree to our Privacy Policy, which is incorporated herein by reference.

1. Service Description

RetentionLab is a customer retention intelligence platform that:

• Connects to your e-commerce platform, CRM, or billing system to analyze customer behavior
• Uses machine learning to predict customer churn and identify retention opportunities
• Generates and delivers automated retention campaigns through your connected email or SMS provider
• Tracks revenue recovered from retention campaigns and reports performance metrics

RetentionLab acts as a data processor on your behalf. You remain the data controller of your customer data at all times.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. The Service is designed for businesses — not individual consumers.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately at insights@retentionlab.ai if you suspect unauthorized access

We are not liable for any loss resulting from unauthorized use of your account.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary.

3. Subscription and Billing

3.1 Pricing

RetentionLab uses contact-based pricing. Your subscription fee is determined by the number of customer contacts in your account:

All plans include full access to every feature. There are no feature-gated tiers.

3.2 Performance Fee

In addition to your subscription, a performance fee applies to revenue attributed to RetentionLab campaigns:

Performance fees are calculated on a cumulative year-to-date basis from your account anniversary date and invoiced monthly. The annual period resets every 12 months from your signup date.

3.3 Automatic Tier Upgrades

If your contact count exceeds your current tier limit, your subscription will be automatically upgraded to the appropriate tier at your next billing cycle. You will be notified by email before any upgrade takes effect. Downgrades may be requested through the Stripe billing portal.

3.4 Free Trial

Accounts with up to 25,000 contacts may be eligible for a 7-day free trial. Your payment method is collected at signup but will not be charged until the trial period ends. You may cancel before the trial expires to avoid charges.

3.5 Payment

All payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. If a payment fails, your account will be marked as past due and access may be restricted until payment is resolved.

3.6 Refunds

Subscription fees are non-refundable except where required by law. Performance fees are non-refundable as they are based on verified attributed revenue. If you believe a charge is incorrect, contact us at insights@retentionlab.ai within 30 days.

3.7 Cancellation

You may cancel your subscription at any time through the Stripe billing portal accessible from your Settings page. Upon cancellation:

• Your access continues until the end of the current billing period
• No further charges will be made
• Your data will be retained for 30 days, after which it may be deleted
• You may request immediate data deletion by contacting privacy@retentionlab.ai

4. Your Data and Responsibilities

4.1 Your Customer Data

You retain full ownership of all customer data you provide to RetentionLab. We do not claim any ownership rights over your data. We process your data solely to provide the Service.

4.2 Data Controller Obligations

As the data controller, you are responsible for:

• Having the legal right to share your customers' data with RetentionLab (e.g., through your own privacy policy and terms of service)
• Complying with all applicable data protection laws, including CAN-SPAM, GDPR, CCPA, and any other relevant regulations
• Ensuring your customers are informed about the use of third-party data processors for marketing purposes
• Honoring opt-out and unsubscribe requests from your customers

4.3 Prohibited Data

You agree not to upload or transmit:

• Data you do not have the right to share
• Data belonging to children under the age of 13
• Sensitive personal data (health records, financial account numbers, social security numbers, biometric data) unless expressly authorized
• Data obtained through deceptive or unlawful means

4.4 Campaign Approval

RetentionLab may generate and send automated campaigns on your behalf. You acknowledge that:

• The Approval Queue feature allows you to review campaigns before they are sent (enabled by default)
• If you disable the Approval Queue (“fully automatic” mode), campaigns will be sent without individual review
• You are responsible for the content and compliance of campaigns sent through your connected ESP
• RetentionLab provides campaign templates and recommendations, but final responsibility for messaging lies with you

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to send spam, phishing, or unsolicited communications in violation of CAN-SPAM or similar laws
• Resell, sublicense, or provide access to the Service to third parties without our written consent
• Upload malicious code, viruses, or harmful data
• Circumvent any usage limits, billing controls, or security measures

We reserve the right to suspend or terminate your account for violation of these terms.

6. Intellectual Property

6.1 Our Property

The Service — including its algorithms, machine learning models, AI models, software, design, documentation, and branding — is owned by RetentionLab and protected by intellectual property laws. These Terms do not grant you any ownership rights to the Service.

6.2 Your Property

You retain all rights to your customer data, brand assets (logos, colors, templates you upload), and business information. By using the Service, you grant us a limited, non-exclusive license to process your data solely for the purpose of providing the Service.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use that feedback without restriction or compensation.

6.4 Anti-Reverse Engineering and Non-Duplication

You agree that you will not, and will not permit or assist any third party (including but not limited to your employees, contractors, agents, partners, or spouse), to:

• Reverse engineer, decompile, disassemble, copy, replicate, or otherwise attempt to derive the source code, underlying structure, algorithms, models, workflows, or trade secrets of the Service
• Create, build, or develop any product, software, or service that is substantially similar to or competitive with the Service based on access to or use of the Service
• Use the Service or any outputs, data, or insights generated by the Service to replicate, recreate, or attempt to duplicate its functionality or underlying technology

Any attempt to do so shall constitute a material breach of these Terms.

Penalties and Remedies. In the event of a breach of this Section:

• You agree to pay liquidated damages in an amount not less than $250,000 per violation, or the maximum amount permitted by law, whichever is greater
• You agree that this amount represents a reasonable estimate of damages due to the difficulty of calculating actual harm
• RetentionLab shall be entitled to immediate injunctive relief without the need to post bond
• You agree to cover all legal fees, investigative costs, and enforcement expenses incurred by RetentionLab
• RetentionLab reserves the right to pursue additional damages, including lost profits and punitive damages where permitted

These obligations apply regardless of whether the prohibited actions are performed directly by you or indirectly through any affiliated individual, including a spouse or household member.

Acknowledgment. By using the Service, you acknowledge that the technology, models, and methodologies used by RetentionLab are proprietary, confidential, and constitute valuable trade secrets.

7. Service Availability and Support

7.1 Uptime

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

7.2 Data Sync

The daily data sync runs at approximately 3:00 AM UTC. Data freshness depends on successful completion of this sync and the availability of your connected platforms' APIs.

7.3 Support

Support is available via email at insights@retentionlab.ai. We aim to respond to inquiries within one business day.

8. Disclaimers

8.1 “As Is” Service

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Guarantee of Results

RetentionLab provides predictions, recommendations, and automated campaigns based on your data. We do not guarantee:

• Any specific amount of revenue recovery
• The accuracy of churn predictions for individual customers
• That campaigns will achieve specific open rates, click rates, or conversion rates
• That the Service will be error-free or uninterrupted

Performance metrics, estimated revenue, and recovery projections displayed in the Service are estimates based on statistical models and historical patterns. Actual results may vary.

8.3 Third-Party Services

We integrate with third-party services (Shopify, Klaviyo, Stripe, AWS, etc.) but are not responsible for their availability, performance, or terms. Your use of these services is governed by their respective terms and policies.

9. Limitation of Liability

To the maximum extent permitted by law:

• RetentionLab's total liability for any claims arising from or related to these Terms or the Service shall not exceed the total fees you paid to RetentionLab in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• We are not liable for any damages resulting from your use of or inability to use the Service, unauthorized access to your account, actions taken by your connected ESP on your behalf, errors in third-party platforms or APIs, or campaign content you approved or automated.

10. Indemnification

You agree to indemnify, defend, and hold harmless RetentionLab and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your customer data or the campaigns sent on your behalf
• Any dispute between you and your customers related to communications sent through the Service

11. Termination

11.1 By You

You may cancel your account at any time through the billing portal or by contacting us.

11.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment is past due for more than 30 days
• Your use of the Service poses a risk to other users or our infrastructure
• We are required to do so by law

11.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately (or at the end of the billing period for voluntary cancellation)
• We will retain your data for 30 days to allow for export requests
• After 30 days, we may permanently delete all associated data
• Sections 6, 8, 9, 10, and 12 survive termination

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved after 30 days, disputes shall be resolved through binding arbitration in Washington County, Utah, under the rules of the American Arbitration Association. Either party may seek injunctive relief in a court of competent jurisdiction.

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RetentionLab regarding the Service.

12.4 Severability

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

12.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

12.6 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

12.7 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or platform notification at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance.

13. Contact

For questions about these Terms:

• Email: insights@retentionlab.ai
• Privacy inquiries: privacy@retentionlab.ai