Terms of Service

Please read these terms carefully before using ReturnNudge. By accessing or using our service, you agree to be bound by these terms.

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of ReturnNudge ("Service", "we", "us", or "our"), a customer engagement platform for local businesses. By accessing or using ReturnNudge, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Service

ReturnNudge provides a cloud-based platform that enables local businesses to:

  • Send automated reminder emails to bring customers back (annual service reminders)
  • Send personal engagement emails such as birthday deals and special offers
  • Manage and organize customer contact information
  • Schedule and automate email communications
  • Track email engagement and customer interactions

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to the terms of your subscription plan.

User Accounts and Registration

Account Creation

To use ReturnNudge, you must create an account by providing accurate and complete information. You agree to:

  • Provide truthful, accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

Eligibility

You must be at least 18 years old to use ReturnNudge. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

User Responsibilities and Conduct

You agree to use ReturnNudge only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Send unsolicited emails or spam to individuals who have not consented to receive communications
  • Use the Service to transmit harmful, offensive, or illegal content
  • Upload customer data without proper consent or legal basis
  • Attempt to gain unauthorized access to our systems or user accounts
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use automated systems (bots, scrapers, etc.) to access the Service without our permission
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Remove, obscure, or alter any proprietary rights notices on the Service
  • Use the Service to compete with us or develop a competing product
  • Resell, sublicense, or redistribute the Service without authorization

Email and Communication Compliance

Your Responsibilities

You are responsible for ensuring that your use of ReturnNudge complies with all applicable email marketing laws, including but not limited to:

  • The CAN-SPAM Act (United States)
  • Canada's Anti-Spam Legislation (CASL)
  • The General Data Protection Regulation (GDPR) for EU recipients
  • Any other applicable local, state, national, or international regulations

Consent Requirements

You represent and warrant that all customers in your contact list have provided appropriate consent to receive marketing communications from your business. You must:

  • Obtain valid consent before adding contacts to your ReturnNudge account
  • Maintain records of consent for each contact
  • Honor unsubscribe requests promptly
  • Include accurate sender information in all emails

Prohibited Content

You may not use ReturnNudge to send emails containing:

  • Deceptive subject lines or misleading content
  • Phishing attempts or fraudulent schemes
  • Malware, viruses, or harmful code
  • Content that violates intellectual property rights
  • Illegal products or services

Subscription and Billing

Subscription Plans

ReturnNudge offers various subscription plans with different features and pricing. Your subscription grants you access to the Service according to the plan you select. Plan details, features, and pricing are available on our pricing page.

Billing and Payment

  • Recurring Charges: Subscription fees are billed in advance on a recurring basis (monthly or annually) based on your selected plan
  • Payment Authorization: You authorize us to charge your payment method for all fees incurred under your account
  • Failed Payments: If payment fails, we may suspend or terminate your access to the Service
  • Price Changes: We may change our fees with at least 30 days' notice. Continued use after the notice period constitutes acceptance of the new fees

Refunds and Cancellation

  • You may cancel your subscription at any time through your account settings
  • Cancellations take effect at the end of your current billing period
  • No refunds are provided for partial subscription periods, except as required by law
  • Free trial periods may be offered at our discretion and are subject to specific terms

Intellectual Property Rights

Our Intellectual Property

The Service, including its design, functionality, features, software, code, databases, and all content provided by ReturnNudge (excluding User Content), is owned by ReturnNudge and is protected by copyright, trademark, patent, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include any right to resell or make commercial use of the Service or its contents.

Trademarks

ReturnNudge, our logo, and any other product or service names, logos, or slogans displayed on the Service are trademarks of ReturnNudge and may not be used without our prior written permission.

User Content and Data

Your Content

You retain all rights to the content, data, and information you submit, post, or display on or through the Service ("User Content"). This includes customer contact information, email templates, and other materials you create.

License to Your Content

By submitting User Content to ReturnNudge, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your User Content solely to provide and improve the Service. This license terminates when you delete your User Content or account, except for content that has been shared with others.

Customer Data

You are solely responsible for ensuring that you have the legal right to store and use any customer data you upload to ReturnNudge. You represent that your collection and use of such data complies with all applicable privacy laws and regulations.

Data Backup

While we implement backup procedures, you are responsible for maintaining your own backup copies of your User Content. We are not liable for any loss or corruption of your User Content.

Service Availability and Modifications

Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Service Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that negatively impact your use of the Service.

Termination and Suspension

Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings. Upon termination, your right to use the Service will immediately cease.

Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Violation of email marketing laws or anti-spam regulations
  • High spam complaint rates or poor email sending reputation
  • Non-payment of fees
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Requests from law enforcement or government agencies

Effects of Termination

Upon termination of your account, we will delete your User Content within 90 days, except as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimers and Limitations of Liability

Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, RETURNNUDGE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that emails will be delivered successfully, or that any defects will be corrected. You use the Service at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETURNNUDGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

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

  • Your use of the Service
  • Your User Content, including customer data
  • Emails sent through the Service on your behalf
  • Your violation of these Terms
  • Your violation of email marketing or anti-spam laws
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ReturnNudge concerning the Service.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms at any time without notice.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of these Terms
  • Notify you via email or through a prominent notice on our service
  • Provide you with at least 30 days' notice before the changes take effect

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

Contact Us

If you have questions or concerns about these Terms of Service, please contact us:

ReturnNudge Legal Team

Contact Legal Team

We will respond to your inquiry within 5 business days.