Terms of Service
1. Acceptance of Terms
By accessing recuptive.com, submitting a service inquiry, applying for beta access, or using any Recuptive service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the service.
These Terms constitute a binding agreement between you ("Client") and Mailein Caceres, operating as Recuptive ("Recuptive," "we," "us").
2. Description of Service
Recuptive provides an AI-assisted lead recovery service for home service businesses. The service automatically contacts and follows up with inbound leads submitted by the Client using SMS and email, according to sequences configured on the Client's behalf.
Recuptive is a software and automation service. We do not guarantee specific business outcomes, revenue, conversion rates, or lead quality. Results depend on factors outside Recuptive's control, including the quality of lead sources, market conditions, and the Client's own business operations.
3. Eligibility
You must be at least 18 years of age and legally authorized to enter into contracts to use Recuptive's services. By using the service, you represent that you meet these requirements and that your business operates in compliance with applicable law.
4. Beta Access and Early Adoption
Recuptive is currently in an early-access / beta phase. Features, pricing, and availability may change. Beta Clients acknowledge that:
- The service may have bugs, limitations, or interruptions
- Features described are subject to change without notice during the beta period
- Recuptive may discontinue the beta at any time with reasonable notice
5. Fees and Payment
Pricing is determined individually based on the Client's lead volume and service configuration. Recuptive will provide a written quote before any fee is charged. No charges are applied without your explicit written agreement.
Payment terms applicable once agreed in writing:
- Fees are billed on a monthly basis unless otherwise agreed in writing
- Monthly fees are non-refundable — fees paid for a billing period are not refunded if you cancel before the end of that period
- You may cancel future renewal at any time; your access and service continue through the end of the paid billing period
- Recuptive reserves the right to adjust pricing with at least 30 days' written notice to active Clients
Recuptive does not currently publish fixed tier pricing. Any pricing figures referenced in marketing or sales conversations are illustrative and subject to your specific written agreement.
6. Cancellation
You may cancel your Recuptive service at any time by notifying us at legal@recuptive.com. Cancellation takes effect at the end of your current billing period. We do not prorate partial months. Upon cancellation:
- Your access to Recuptive continues until the end of the paid billing period
- Automated follow-up sequences will stop at the end of that period
- You may request deletion of your data per our Privacy Policy
7. Client Responsibilities
By using Recuptive, you represent, warrant, and agree that:
a. You are authorized to contact your leads. You have a lawful basis to share lead contact information with Recuptive and to authorize automated follow-up on your behalf. You are solely responsible for ensuring that the individuals whose information you submit have provided any consent required by applicable law for the communications you instruct Recuptive to send.
b. You comply with applicable law. You are responsible for ensuring your use of Recuptive complies with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable state privacy laws, and any other laws governing electronic communications, marketing, and data privacy applicable to your business and your leads' locations.
c. You will not misuse the service. You will not use Recuptive to send spam, harass individuals, violate any person's legal rights, or engage in deceptive or fraudulent practices.
d. You provide accurate configuration. You are responsible for the accuracy of your business information, lead source integrations, and message content.
e. You are the responsible party for your leads' data. Recuptive processes Lead data as your service provider. You, as the responsible party, are accountable for the lawful collection and use of that data.
8. Prohibited Uses
You may not use Recuptive to:
- Contact individuals without a lawful basis or required consent
- Send commercial messages in violation of the CAN-SPAM Act, TCPA, or other applicable law
- Impersonate any person or business
- Transmit unlawful, harassing, defamatory, or fraudulent content
- Interfere with or circumvent the service's security or operation
- Resell or sublicense access to the service without written permission from Recuptive
9. Intellectual Property
Recuptive and all associated software, content, designs, and branding are owned by Mailein Caceres, operating as Recuptive. These Terms do not grant you any ownership rights in the service.
You retain ownership of your Client data and Lead data. You grant Recuptive a limited license to process that data solely as necessary to provide the services described in these Terms.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." RECUPTIVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR BUSINESS OUTCOME WILL BE ACHIEVED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECUPTIVE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO RECUPTIVE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL RECUPTIVE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to indemnify, defend, and hold harmless Mailein Caceres, operating as Recuptive, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any claim by a lead or third party arising from messages sent on your behalf through Recuptive.
13. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. You agree that any dispute arising from or relating to these Terms or the service will be resolved in a court of competent jurisdiction in the State of New York, and you consent to personal jurisdiction in New York.
14. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms at recuptive.com/terms with an updated effective date. When changes are material, we will provide additional notice as required by applicable law or as we determine is reasonably appropriate given the nature of the change, which may include direct notice to active Clients. Continued use of the service after updated Terms become effective constitutes acceptance of the revised Terms.
15. Entire Agreement
These Terms, together with any written service agreement or order form, constitute the entire agreement between you and Recuptive regarding the service and supersede all prior discussions, representations, or agreements.
16. Contact
Mailein Caceres, operating as Recuptive
Email: legal@recuptive.com