Terms of Service

By creating an account, starting a trial, or using the Services you agree to these Terms and to our Privacy Policy. The Services are for businesses and professionals; you must be at least 18 and able to enter into a contract.

Retentive is a retention marketing platform that connects to your email and commerce accounts and offers analytics, quality checks (QA), creative tools and related features. Features are grouped into packages (QA, Analytics, Creative) and Platform; what you can use depends on your plan. Sendsitive Business may include certain Retentive packages while that Sendsitive plan is active, as described on our pricing pages.

• You are responsible for your account, keeping your credentials secure, and everything done under it. Tell us right away at the address below if you suspect unauthorized use.
• Your account uses the login we share with Sendsitive. The same credentials work for both products.
• The owner of an organization manages billing and the team. Editors use the tools and AI credits; reviewers can view and comment but cannot change data. You are responsible for the people you invite and their compliance with these Terms.
• Give us accurate information and keep it up to date.

To use most features you connect third-party accounts such as Klaviyo, Shopify or Attentive. You confirm that you are authorized to connect each account and to let us access and process its data for the Services, and that doing so complies with that platform’s terms and your own privacy notices.

• We access connected accounts read-only, except for actions you trigger (for example publishing a template to Klaviyo or setting a scheduled campaign back to draft).
• Third-party platforms can change or limit their APIs. When that happens a feature may stop working or show partial data, and we will try to restore it, but we are not responsible for third-party outages or changes.
• Synced figures may differ from those shown inside the third-party platform because of timing, attribution windows and definitions. We explain our definitions in the product.

Trial

New organizations get a 14-day trial with limited usage and no card required. At the end of the trial the account becomes read-only until you choose a plan. Your data stays.

Subscriptions

• Plans and add-ons (extra seats, extra brands, inbox placement) are billed in advance, monthly or yearly, and renew automatically until cancelled.
• Prices are shown on our pricing page and at checkout. Taxes are added where they apply. Payments are processed by Stripe.
• Upgrades and added quantities take effect immediately and are prorated for the rest of the period. Downgrades and reduced quantities take effect without a credit for the current period.
• You can cancel at any time from the billing portal. Cancellation takes effect at the end of the paid period; you keep access until then.
• Except where the law requires otherwise, payments are non-refundable, including for partial periods and unused features.
• If a payment fails we will retry and tell you. If it is not resolved, the account may become read-only until it is.
• We may change prices with at least 30 days' notice. A change applies from your next renewal; you can cancel before it takes effect.

• Each plan includes a monthly allowance of AI credits that resets every calendar month and does not roll over. Extra seats add to the allowance.
• You can buy additional credit packs. Purchased credits are used only after the monthly allowance is spent, do not expire while your account is open, are not transferable, and have no cash value. They are forfeited if the account is closed.
• The credit cost of each action is shown in the product. We may change credit costs for new actions with notice; credits you already bought keep their value.

You agree not to:

• use the Services to send spam or messages to people who have not consented, or otherwise break anti-spam, privacy or consumer protection laws;
• connect accounts or process data you are not authorized to use;
• upload unlawful, infringing or harmful content, or use the Creative tools to impersonate others or make deceptive claims;
• attempt to access other customers' data, probe or break our security, or reverse engineer the Services except where the law allows;
• overload the Services, scrape them, or resell or provide them to third parties without our written agreement;
• use the Services to build a competing product.

You keep all rights in your data and content: the data in your connected accounts (“Customer Data”), and the assets, copy and files you upload or create. You give us a limited license to host, copy, process and display them only to provide, secure and support the Services for you. We may use aggregated, de-identified information that does not identify you, your brands or any person to operate and improve the Services and to publish benchmarks.

For Customer Data that contains personal data, you are the controller and we are your processor. These terms apply in addition to the rest of these Terms and, where required, form the data processing agreement between us.

• Instructions. We process Customer Data only to provide the Services, on your documented instructions (your configuration and use of the Services are your instructions), or as the law requires.
• Confidentiality. People authorized to process Customer Data are bound by confidentiality.
• Security. We maintain the technical and organizational measures described in our Privacy Policy, including encryption in transit and at rest.
• Subprocessors. You authorize the subprocessors listed in our Privacy Policy. We will give notice before adding a new one, and you may object on reasonable grounds; if we cannot address the objection, you may terminate the affected Services and receive a prorated refund of prepaid fees for them.
• Assistance. We help you, at reasonable cost where significant, to answer data subject requests and with impact assessments and consultations that concern our processing.
• Breaches. We notify you without undue delay, and within 72 hours, after becoming aware of a personal data breach affecting Customer Data, with the information you need to meet your obligations.
• Deletion. When you disconnect a brand or close your account, we delete the related Customer Data within 30 days, except where the law requires us to keep it.
• Transfers. Where Customer Data from the EEA, UK or Switzerland is transferred to a country without an adequacy decision, the Standard Contractual Clauses (Module 2, controller to processor, and the UK addendum) apply and are incorporated by reference.
• Audits. We make available the information reasonably needed to demonstrate compliance with this section, and answer reasonable written questionnaires once a year.

You are responsible for having a lawful basis and the notices and consents needed for us to process Customer Data as described here.

AI features generate suggestions, checks, copy and images. Output may be inaccurate, incomplete, or similar to output given to others. You are responsible for reviewing it before use, including before sending anything to your customers. As between you and us, you own the output generated for you, to the extent the law allows. We do not use your Customer Data or content to train AI models.

Automated checks (for example the Email Checker or the link and code checker) reduce errors but do not guarantee that a campaign is free of them. Final responsibility for what you send stays with you.

Share links let anyone with the link view the email, template or report they were created for, subject to the options you choose (expiry, password, members only). Share only with people you trust, and revoke a link when it is no longer needed.

The Services, including our software, design, text, graphics and trademarks, belong to us or our licensors and are protected by law. We give you a limited, non-exclusive, non-transferable right to use the Services under these Terms while your account is in good standing. If you send us feedback, we may use it without obligation to you.

The Services work with third-party products such as Klaviyo, Shopify, Attentive, Stripe and AI model providers. Your use of those products is governed by their own terms. Retentive is not affiliated with or endorsed by Klaviyo, Shopify or Attentive, and their names are trademarks of their owners.

We work to keep the Services available and secure but do not promise uninterrupted service. We may change, add or remove features. If we remove a material feature of a paid plan during your billing period, we will tell you in advance and, if you cancel because of it, refund the unused part of that period.

• You can stop using the Services and close your account at any time.
• We may suspend or terminate access if you materially breach these Terms, fail to pay, create a security or legal risk, or if required by law. Where reasonable, we will give notice and a chance to fix the issue first.
• After termination you can request an export of your account data for 30 days, after which we delete it as described in the Privacy Policy.
• Sections that by their nature should survive termination (payment owed, intellectual property, disclaimers, liability, disputes) survive.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANALYTICS, BENCHMARKS, DIAGNOSES AND RECOMMENDATIONS ARE INFORMATION TO HELP YOUR DECISIONS, NOT GUARANTEES OF RESULTS.

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, TO EITHER PARTY’S FRAUD OR WILLFUL MISCONDUCT, OR WHERE THE LAW DOES NOT ALLOW THEM.

You will defend and indemnify us against third-party claims arising from your Customer Data or content, the messages you send, your breach of these Terms, or your violation of law or third-party rights, including claims that you lacked authority to connect an account or process its data.

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law rules. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice. If it is not resolved, any dispute will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Wyoming or by video.

Disputes are resolved individually: no class, collective or representative actions or arbitrations. Either party may bring claims about intellectual property, unauthorized use of the Services, or for injunctive relief in the state or federal courts of Wyoming, and both parties consent to their jurisdiction. Nothing here limits rights you have under mandatory consumer law where you live.

• We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app; continuing to use the Services after a change takes effect means you accept it.
• These Terms, the Privacy Policy and any order or plan terms you accept are the entire agreement between us about the Services.
• If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
• You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.
• We may send notices by email to the account owner or in the app. Notices to us go to the address below.

Sendsitive LLC
30 North Gould Street, Sheridan, WY 82801, United States
support@sendsitive.com