Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and PayReclaim ("we," "us," or "Company") governing your access to and use of the PayReclaim platform, website, APIs, and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

PayReclaim is an AI-powered payment recovery platform that helps SaaS businesses recover revenue lost to failed subscription payments (involuntary churn). The Service includes:

• Integration with your Stripe account via Stripe Connect
• Automated detection of failed payments and at-risk subscriptions
• AI-generated, personalized recovery email campaigns sent to your customers
• Real-time analytics dashboard with recovery metrics and revenue reporting
• Smart retry orchestration and dunning management

3. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Keeping your account information current and accurate

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. Accounts registered by bots or automated methods are not permitted.

4. Stripe Connect Authorization

To use the core functionality of PayReclaim, you must authorize access to your Stripe account through Stripe Connect. By granting this authorization, you:

• Confirm you are an authorized administrator of the connected Stripe account
• Grant PayReclaim read access to customer, charge, invoice, and subscription data necessary for payment recovery
• Authorize PayReclaim to send recovery emails to your customers on your behalf
• Acknowledge that you can revoke this access at any time through your Stripe dashboard or PayReclaim settings

We access only the minimum data necessary to provide the Service. We do not initiate charges, modify subscriptions, or take any write actions on your Stripe account without your explicit instruction.

5. Subscription Plans & Billing

5.1 Plans & Pricing

PayReclaim offers tiered subscription plans as described on our pricing page. Pricing is subject to change with 30 days' prior notice. Plan changes take effect at the start of your next billing cycle.

5.2 Free Trial

We may offer a free trial period. At the end of the trial, your account will be billed at the applicable plan rate unless you cancel or downgrade before the trial expires. We will notify you before your trial ends.

5.3 Payment Terms

Subscriptions are billed in advance on a monthly or annual basis. All payments are processed through Stripe. You authorize us to charge your payment method on file for all applicable fees. Prices are exclusive of applicable taxes unless stated otherwise.

5.4 Performance Fees

Certain plans include a performance-based fee calculated as a percentage of successfully recovered revenue. This fee is billed monthly in arrears based on confirmed recovered payments. Detailed breakdowns are available in your dashboard.

6. Refund Policy

We want you to be satisfied with PayReclaim. Our refund policy is as follows:

• Monthly plans: You may cancel at any time. No refunds are issued for partial months. Service continues until the end of your current billing period.
• Annual plans: You may request a pro-rata refund for unused full months within the first 30 days of purchase. After 30 days, no refunds are issued but you may continue using the Service until the end of your annual term.
• Performance fees: Performance fees for confirmed recovered payments are non-refundable, as the recovery service has already been delivered.

Refund requests should be submitted to legal@payreclaim.com within the applicable refund window.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Send spam, phishing, or misleading communications to your customers
• Manipulate or falsify recovery data, metrics, or campaign results
• Attempt to reverse-engineer, decompile, or extract source code from the Service
• Use the Service to collect data for purposes unrelated to payment recovery
• Circumvent rate limits, usage quotas, or access controls
• Interfere with or disrupt the integrity, security, or performance of the Service
• Resell, sublicense, or white-label the Service without written authorization
• Connect Stripe accounts that you do not own or have authorization to manage

Violation of these terms may result in immediate suspension or termination of your account without refund.

8. Email Communications

PayReclaim sends recovery emails to your customers on your behalf. By using the Service, you represent and warrant that:

• You have a valid, existing business relationship with the recipients of recovery emails
• Sending recovery emails is consistent with your own terms of service and privacy policy
• You comply with all applicable anti-spam laws, including CAN-SPAM, CASL, and GDPR
• You will not modify recovery email content to include misleading or deceptive information

We send recovery emails using Resend. Emails are sent from your configured sender domain. You are responsible for maintaining proper DNS records (SPF, DKIM, DMARC) for your sending domain.

9. Intellectual Property

The Service, including all software, algorithms, designs, documentation, AI models, and branding, is owned by PayReclaim and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during your subscription term.

You retain ownership of all data you provide to us, including your Stripe account data and customer information. We claim no ownership over your data.

10. Data Handling & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

With respect to the personal data of your customers that we process on your behalf, you are the data controller and we act as data processor. You are responsible for ensuring you have a valid legal basis for sharing your customers' data with us.

11. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Urgent security patches or infrastructure updates
• Outages of third-party services we depend on (Stripe, Resend, etc.)
• Force majeure events beyond our reasonable control

For paid plans, we target 99.9% monthly uptime for core functionality (payment monitoring and recovery email delivery). Uptime metrics are calculated excluding scheduled maintenance windows.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We do not guarantee any specific recovery rate or revenue amount. Recovery results depend on many factors outside our control, including customer payment methods, bank processing, and individual circumstances.

13. Disclaimer of Warranties

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be error-free, uninterrupted, secure, or meet your specific requirements. Any recovery rate estimates, projections, or benchmarks are provided for informational purposes only and are not guarantees.

14. Indemnification

You agree to indemnify, defend, and hold harmless PayReclaim and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Claims by your customers related to recovery emails sent through the Service
• Your failure to maintain proper authorization for connected Stripe accounts

15. Termination

15.1 By You

You may cancel your subscription and terminate your account at any time through your account settings or by contacting us. Upon cancellation, your Service access continues until the end of your current billing period. Active recovery campaigns will be paused and no further emails will be sent on your behalf.

15.2 By Us

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, fail to pay applicable fees after reasonable notice, or if continued service poses a legal or security risk. We will provide notice and an opportunity to cure non-material breaches where reasonable.

15.3 Effect of Termination

Upon termination, we will disconnect your Stripe account, cease all recovery campaigns, and delete your data within 30 days in accordance with our Privacy Policy. You may request a data export before termination. Any outstanding performance fees for recoveries already completed remain due and payable.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflict of law principles. The courts of Berlin, Germany shall have exclusive jurisdiction over any disputes arising from these Terms.

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days after written notice of the dispute.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Service at least 30 days before taking effect. Continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the changes take effect.

18. Severability & Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PayReclaim regarding the use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

20. Contact Information

For questions, concerns, or notices related to these Terms, contact us at: