TERMS AND CONDITIONS

Last Updated: November 30, 2024

Welcome to Retarget Leads ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our AI-powered digital receptionist services (the "Service"). By subscribing to or using our Service, you agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS

By creating an account, subscribing to any of our plans, or using our Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. SERVICE DESCRIPTION

2.1 What We Provide

Retarget Leads provides an AI-powered digital receptionist service that:

• Answers your business phone calls 24 hours a day, 7 days a week

• Qualifies leads by asking relevant questions to identify serious customers

• Books appointments directly into your Google Calendar

• Sends you text message and email notifications with caller details

• Operates using your existing phone number without requiring special equipment

2.2 Service Plans

We offer the following subscription plans:

Starter Plan:

• Monthly fee: $97.00 USD

• One-time setup fee: $495.00 USD

• 7-day free trial available

Pro Plan:

• Monthly fee: $197.00 USD

• One-time setup fee: $495.00 USD

• 7-day free trial available

Elite Plan:

• Monthly fee: $297.00 USD

• One-time setup fee: $495.00 USD

• 7-day free trial available

2.3 Setup Fee

All plans include a one-time setup fee of $495.00 USD, which covers:

• Custom AI receptionist configuration for your business

• Integration with your phone system and Google Calendar

• Training the AI on your business information, services, and scheduling preferences

• Initial testing and quality assurance

• Onboarding support

The setup fee is non-refundable as it covers immediate work performed to build and configure your custom AI receptionist.

2.4 Usage Fees

In addition to monthly subscription fees, you will be charged usage fees based on:

• Call duration: Approximately $0.89 - $0.99 per minute of call time - if your monthly plan limit exceeds.

• Text messages: $0.89 per text message sent to you.

• Appointment bookings: Approximately $1.00 - $2.00 per successfully booked appointment. This fee is not charged currently for the current plans

Usage fees are calculated based on actual service usage and billed monthly. You will only pay for calls we actually answer and services we actually provide.

3. FREE TRIAL

3.1 Trial Period

We offer a 7-day free trial for new customers on all subscription plans. During the trial period:

• You will have full access to the Service features included in your selected plan

• The monthly subscription fee is waived during the trial period

• Usage fees still apply for actual calls, texts, and bookings during the trial

• The one-time setup fee may apply (depending on current promotion)

3.2 Trial Cancellation

You may cancel your subscription at any time during the trial period through our Customer Portal. If you cancel during the trial:

• You will not be charged the monthly subscription fee

• Any usage fees incurred during the trial will still apply

• Your Service will continue until the trial period ends

• The one-time setup fee is non-refundable if already paid

3.3 After Trial Ends

If you do not cancel before the trial period ends:

• Your subscription will automatically convert to a paid subscription

• You will be charged the monthly subscription fee for your selected plan

• Your subscription will continue on a month-to-month basis until cancelled

• Usage fees will continue to apply based on actual usage

4. BILLING AND PAYMENT

4.1 Payment Authorization

By providing payment information, you authorize Retarget Leads to charge:

• The one-time setup fee (if applicable)

• Monthly subscription fees for your selected plan

• Usage fees based on actual service usage

• Any applicable taxes

4.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. We do not store your complete credit card information.

4.3 Billing Cycle

• Monthly subscription fees are billed in advance on a recurring monthly basis

• Usage fees are calculated and billed monthly in arrears (after services are rendered)

• Your billing date is the date you originally subscribed or the date your trial ended

• All fees are charged in U.S. Dollars (USD)

4.4 Failed Payments

If a payment fails:

• We will attempt to process the payment again

• Your Service may be suspended until payment is received

• You are responsible for any fees charged by your financial institution

• Continued failure to pay may result in termination of your account

4.5 Taxes

You are responsible for all applicable taxes. If we are required to collect or pay taxes, they will be added to your invoice.

5. REFUNDS AND CANCELLATIONS

5.1 Monthly Subscription Fees

Monthly subscription fees are non-refundable. If you cancel your subscription:

• You will not be charged for subsequent months

• You will retain access to the Service until the end of your current billing period

• No partial refunds will be issued for unused time in the current billing period

5.2 Setup Fee

The one-time setup fee of $495.00 USD is non-refundable under all circumstances, as it covers immediate work performed to configure your custom AI receptionist.

5.3 Usage Fees

Usage fees are non-refundable as they reflect actual services rendered (calls answered, texts sent, appointments booked).

5.4 Cancellation Process

You may cancel your subscription at any time by:

• Logging into the Customer Portal at: https://billing.stripe.com/p/login/bIe6ol4oterb4HC48DaZi00

• Contacting our support team at: hello@retargetleads.com

• Calling us at: (917) 451-3839

Cancellations take effect at the end of your current billing period.

5.5 Money-Back Guarantee Exception

We may, at our sole discretion, offer refunds in cases of:

• Service failure or technical issues preventing normal operation

• Billing errors or duplicate charges

• Extraordinary circumstances evaluated on a case-by-case basis

To request a refund consideration, contact hello@retargetleads.com within 30 days of the charge.

6. YOUR RESPONSIBILITIES

6.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized use

• Ensuring your contact information is current and accurate

6.2 Accurate Information

You agree to provide:

• Accurate business information for AI receptionist configuration

• Valid payment information

• Current phone numbers and email addresses

• Accurate calendar availability and scheduling preferences

6.3 Prohibited Uses

You may not use our Service to:

• Engage in illegal activities

• Impersonate others or misrepresent your business

• Harass, abuse, or harm others

• Transmit spam, malware, or malicious content

• Violate any applicable laws or regulations

• Interfere with or disrupt the Service

• Attempt to gain unauthorized access to our systems

• Use the Service for any purpose other than legitimate business communications

6.4 Compliance with Laws

You are solely responsible for ensuring your use of the Service complies with all applicable federal, state, and local laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA)

• CAN-SPAM Act

• State telemarketing laws

• Industry-specific regulations

7. OUR RIGHTS AND RESPONSIBILITIES

7.1 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time

• Update pricing with 30 days' notice to existing subscribers

• Change features or functionality to improve the Service

• Perform scheduled maintenance with reasonable notice

7.2 Service Availability

While we strive for 99.9% uptime, we do not guarantee:

• Uninterrupted or error-free Service

• That the Service will meet all your specific requirements

• That all calls will be answered or appointments successfully booked

• Specific results from using the Service

7.3 Right to Suspend or Terminate

We may suspend or terminate your account if:

• You violate these Terms

• Your payment fails and remains unpaid

• You engage in fraudulent or abusive behavior

• Your use poses security risks or legal issues

• Required by law or legal process

8. INTELLECTUAL PROPERTY

8.1 Our Property

The Service, including all software, algorithms, designs, trademarks, and content, is owned by Retarget Leads and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works

• Reverse engineer or decompile our software

• Remove proprietary notices or labels

• Use our trademarks without written permission

8.2 Your Content

You retain ownership of:

• Your business information and data

• Customer information collected through the Service

• Calendar data and appointment information

By using the Service, you grant us a license to use your content solely to provide the Service.

9. DATA AND PRIVACY

9.1 Data Collection

We collect and process:

• Your business information

• Customer call recordings and transcripts

• Appointment data and calendar information

• Payment and billing information

• Usage statistics and analytics

9.2 Data Use

We use your data to:

• Provide and improve the Service

• Train and optimize the AI receptionist

• Send notifications about calls and appointments

• Process payments and billing

• Provide customer support

• Comply with legal obligations

9.3 Privacy Policy

Our complete Privacy Policy is available at [URL] and is incorporated into these Terms by reference.

10. LIMITATIONS OF LIABILITY

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• ACCURACY OR RELIABILITY

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETARGET LEADS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

• DAMAGES RESULTING FROM MISSED CALLS OR APPOINTMENTS

• DAMAGES EXCEEDING THE AMOUNT YOU PAID IN THE LAST 12 MONTHS

10.3 Exceptions

Some jurisdictions do not allow limitations on warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Retarget Leads, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any third-party rights

• Your violation of applicable laws or regulations

12. DISPUTE RESOLUTION

12.1 Governing Law

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

12.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except:

• You may assert claims in small claims court if they qualify

• Either party may seek injunctive relief in court for intellectual property issues

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Retarget Leads individually. To the fullest extent permitted by law:

• No arbitration shall be joined with any other

• No class action lawsuit may be brought

• No dispute may be adjudicated on behalf of a class

13. MISCELLANEOUS

13.1 Entire Agreement

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

13.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. Material changes will be communicated via email.

13.3 Severability

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

13.4 Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision.

13.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate without restriction.

13.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

13.7 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. CONTACT INFORMATION

For questions about these Terms or the Service, contact us: Retarget Leads

Email: info@retargetlead.com | Phone: (917) 451-3839 | Website: https://retargetlead.com

15. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.

Effective Date: November 30, 2024

Version: 1.2