Legal Terms of Service

Terms of Service

These Terms govern your access to and use of the Easy Retention Platform. Please read them carefully.

Last updated: February 2026

IMPORTANT: This Agreement contains a binding arbitration provision and a class action waiver. By accessing or using the Platform, you agree to these Terms.

1. Overview

These Terms of Service (“Terms”) are between you and Easy Retention (“Company,” “we,” “us,” or “our”). They govern your access to and use of easyretention.com, our web applications, and related services (collectively, the “Platform” or “Services”). If you do not agree to these Terms, do not use the Platform. You must be at least 18 years old to use the Services.

2. Accounts & Eligibility

• You must provide accurate registration information and keep it up to date.

• If you accept these Terms on behalf of a business, you represent you have authority to bind that business.

• You are responsible for activity under your account, including your staff and any clients you onboard.

Account Owner; Admin Access

The individual or entity that creates the account and/or pays for the subscription is the “Account Owner.” The Account Owner controls administrative access, user permissions, and connected integrations. If multiple parties claim ownership or control of an account, we may suspend access until the dispute is resolved, and we may rely on the payment method holder, original signup email, and/or business documentation as evidence of ownership.

3. Services; Trials; Beta

Scope

Easy Retention provides tools to automate follow-ups (e.g., review requests and come-back offers), support loyalty/referrals, and provide analytics and related integrations.

Trials

Free trials are for evaluation and may be limited or ended at any time.

Beta Features

Beta/early-access or AI features are provided “AS IS,” may change or be discontinued, and may be excluded from SLAs or support.

4. Fees, Billing, Taxes, Refunds

• Subscription. Plans renew automatically unless canceled per your plan terms. You authorize us (and our processors) to charge your payment method for recurring fees, usage (e.g., messaging), and applicable taxes.

• Disputes. Billing disputes must be raised within fifteen (15) days of the charge. You agree to pay all undisputed amounts while we review any disputed amounts in good faith.

• Refunds. Fees are non-refundable unless required by law or expressly stated otherwise in your plan.

• Taxes. You are responsible for all applicable taxes, duties, and charges.

• Pre-paid Credits. If your plan uses a pre-paid credit system for usage (e.g., SMS, Email, or Voice minutes), you acknowledge that credits are non-refundable and do not roll over or have cash value upon cancellation of your account.

• Chargebacks. If you initiate a chargeback or payment reversal without first contacting us to resolve the issue, we may suspend your access until the matter is resolved. We also reserve the right to pass through chargeback fees and reasonable administrative costs.

5. Acceptable Use

You agree not to misuse the Services and to comply with all applicable laws, carrier rules, and industry standards when using messaging, email, voice, and integrations through the Platform. You will not, and will not allow any end user to:

• (a) send spam or unsolicited communications;

• (b) send unlawful, deceptive, threatening, harassing, defamatory, or infringing content;

• (c) upload or transmit malware or attempt to interfere with or disrupt the Platform;

• (d) probe, scan, or test the vulnerability of any system or network without our authorization;

• (e) reverse engineer, decompile, or attempt to extract source code except where prohibited by law;

• (f) access or scrape the Platform by automated means except as expressly permitted by us in writing;

• (g) use the Services in a way that violates third-party provider terms (including carriers and upstream providers).

Prohibited Content

You explicitly agree not to send messages or run campaigns related to S.H.A.F.T. (Sex, Hate, Alcohol, Firearms, Tobacco), CBD/Cannabis, Kratom, Loans/Gambling, or any other category prohibited by mobile carriers or upstream providers. Violation may result in immediate suspension or termination.

Illegal Recording

You agree not to record or monitor communications without the knowledge and consent of all participants where required by law.

6. Messaging Compliance (TCPA/A2P)

SMS Disclosure

Description of SMS use cases: We may send SMS messages for (1) customer support and account notifications, (2) appointment confirmations and reminders, (3) service updates related to your requests, and (4) review requests and follow-ups when enabled by the account owner.

Opt-out instructions: Reply STOP to opt out. Reply HELP for help.

Message frequency disclosure: Message frequency varies.

Message & data rates disclosure: Message and data rates may apply.

Carrier liability disclaimer: Carriers are not liable for delayed or undelivered messages.

Age restriction (18+): You must be 18 years old or older to use the Services.

Consent is not a condition of purchase. You are responsible for obtaining and maintaining compliant opt-in records for your contacts when using the Platform to send SMS.

Messaging Terms (SMS/MMS) — Required Disclosures

Description of SMS use cases

• Transactional / service messages: account alerts, security notices, onboarding/setup coordination, support communications, appointment confirmations, and status updates related to services you request.

• Review & reputation messages: review request links, follow-up reminders, private feedback prompts, and post-service check-ins (sent only when your business has appropriate consent and a lawful basis to contact the recipient).

• Marketing / promotional messages (optional): promotional offers, upgrades, and product/service announcements only if the recipient has provided express written consent where required by law.

Opt-out instructions

Recipients can opt out at any time by replying STOP (or “UNSUBSCRIBE”). A final confirmation message may be sent. For help, reply HELP.

Message frequency disclosure

Message frequency varies based on account activity, enabled automations, customer interactions, and messaging preferences.

Message & data rates disclosure

Message and data rates may apply depending on the recipient’s mobile carrier plan.

Carrier liability disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier/network availability and phone settings.

Customer support contact

For support, contact support@easyretention.com (or visit our website support resources). You may also contact legal@easyretention.com for legal notices.

Age restriction (18+)

You must be at least 18 years old to use the Services and to consent to messaging where required by law.

Link to Privacy Policy

Our Privacy Policy explains how we collect, use, and protect personal information, including mobile information: https://www.easyretention.com/privacy-policy.

NOTE: Customers using the Platform to message their own contacts are responsible for obtaining proper consent, providing compliant disclosures, honoring opt-outs, and complying with TCPA, CAN-SPAM (where applicable), state “mini-TCPA” laws, and carrier requirements.

• Consent. You will obtain and document valid consent for promotional SMS/MMS and calls. Express written consent is required for marketing texts. You will honor all opt-out requests (e.g., “STOP,” “UNSUBSCRIBE”).

• Identification & Content. Messages must include required sender identification and lawful content; no deceptive or illegal material.

• Recordkeeping. Maintain accurate opt-in/opt-out and campaign records; provide them upon our reasonable request.

• Carrier/Program Rules. You are responsible for A2P 10DLC registration, campaign approvals, and compliance with carrier and jurisdictional rules (including state “mini-TCPA” laws).

• Consequences. Violations may result in immediate suspension or termination and pass-through of carrier fines or fees.

Call Recording & Wiretapping Compliance

You acknowledge that the Platform’s AI voice capabilities may record, transcribe, or monitor calls. You understand that federal and state laws (including "two-party consent" laws in states like CA, FL, IL, PA) require you to notify callers before recording. You are solely responsible for enabling any necessary "call recording" announcements (e.g., "This call may be recorded for quality assurance") within the Platform settings. You agree to indemnify, defend, and hold harmless Easy Retention from any claims, fines, or lawsuits arising from your failure to provide proper notice or obtain consent from callers.

7. Third-Party Services & Integrations

The Platform integrates with third-party services (e.g., GHL, Google, Meta, Calendly, Stripe). Your use of those services is governed by their terms and privacy policies. We do not control or assume liability for third-party services. You grant us permission to access and exchange data with those services as enabled by you.

Third-Party Availability

Third-party services may change, suspend, or discontinue their products, APIs, or terms. We are not responsible for outages, failures, or changes caused by third parties, and such issues do not excuse payment obligations or create refund rights.

8. Customer Data; Data Roles; DPA

Customer Data. “Customer Data” means data you or your end users submit to the Platform (e.g., contacts, message content, campaign settings, reviews data).

Controller/Processor. As between you and Easy Retention, you are the controller of Customer Data; we act as your processor/service provider and will process Customer Data only per your instructions and our agreements.

DPA. If required by applicable law, the parties will enter into a Data Processing Addendum (“DPA”), which is incorporated by reference once executed. The DPA will describe our subprocessors and security measures and may be updated from time to time.

Privacy. Our Privacy Policy is incorporated by reference and explains how we handle personal information when we act as a controller.

9. AI Features

Some features may use AI vendors to generate content or insights. You are responsible for the prompts and outputs you choose to use and for compliance with law. We do not use your Customer Data to train publicly available, general-purpose AI models.

10. Intellectual Property; License; Feedback

Ownership. We and our licensors own the Platform and all related IP. No rights are granted except as expressly set out here.

License. Subject to these Terms, we grant you a non-exclusive, non-transferable license to access and use the Services during a valid subscription.

Feedback. If you submit ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

11. Publicity

We may not use your name, logo, or trademarks in our marketing materials without your prior written consent. You may grant consent by email or within the Platform.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect it and only use it to perform under these Terms.

13. Disclaimers

THE PLATFORM AND ALL FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UPTIME, ACCURACY, OR THAT COMMUNICATIONS WILL ACHIEVE ANY PARTICULAR RESULT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Indemnification

You will defend, indemnify, and hold harmless Easy Retention from claims arising out of your (or your end users’) use of the Platform, Customer Data, communications sent via the Platform, or breach of these Terms or law.

16. Suspension; Termination; Data After Termination

We may suspend or terminate access for actual or suspected violations of these Terms, legal risk, non-payment, or to protect the Platform.

Upon termination, your right to use the Services ends.

Data Export

During an active subscription and for a limited period after termination (if available), you may be able to export certain Customer Data using Platform features. We do not guarantee all data is exportable in every format.

Data Retention

After termination, we may retain Customer Data for up to ninety (90) days for account reactivation, backups, dispute resolution, or legal compliance, and then delete or de-identify it, unless legally required to retain it longer.

17. Modifications to Terms

We may update these Terms from time to time. Changes are effective when posted. Your continued use after changes means you accept the updated Terms.

18. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver

18.1 Governing Law. These Terms are governed by the laws of the State of Oregon, without regard to conflict of laws rules, except that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration provisions below.

18.2 Informal Resolution First. Before filing a claim in arbitration or court, you agree to contact us at legal@easyretention.com and provide a brief written description of the dispute and the relief requested. The parties will attempt to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration (unless seeking injunctive relief as permitted below).

18.3 Agreement to Arbitrate. Except for the exclusions in Section 18.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if applicable, the AAA’s rules for consumer-related disputes). Judgment on the award may be entered in any court with jurisdiction.

18.4 Exclusions. Either party may: (a) bring an individual action in small claims court if the claim qualifies; and/or (b) seek temporary or injunctive relief in a court of competent jurisdiction to protect its confidential information or intellectual property.

18.5 Location and Format. Arbitration will take place in Multnomah County, Oregon, unless the parties agree otherwise. The arbitration may be conducted by video, phone, written submissions, or in person, as permitted by AAA rules and determined by the arbitrator.

18.6 Class Action Waiver; Jury Trial Waiver. You and Easy Retention agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You waive any right to a jury trial. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual claim.

18.7 Severability. If any portion of this Section 18 is found unenforceable, the unenforceable portion will be severed, and the remainder will be enforced to the maximum extent permitted by law.

18.8 Opt-Out Right. You may opt out of arbitration by sending written notice within thirty (30) days of first accepting these Terms to legal@easyretention.com or by mail to: Easy Retention, Attn: Legal – Arbitration Opt-Out, 5441 S Macadam Ave, Portland, OR 97239, United States. Your notice must include your name (or business name), the email address on the account, and a clear statement that you want to opt out of arbitration. Opting out will not affect any other provisions of these Terms.

19. Notices

Notices to Easy Retention: via email to legal@easyretention.com or by mail to Easy Retention, Attn: Legal, 5441 S Macadam Ave, Portland, OR 97239, United States.

Notices to you: via the email address on your account and/or through the Platform.

20. Miscellaneous

• These Terms (plus any order form and our Privacy Policy and, if applicable, DPA) are the entire agreement.

• If any provision is unenforceable, the remainder stays in effect.

• No waiver unless in writing. You may not assign these Terms without our consent.

Force Majeure

Neither party is liable for delays or failures due to events beyond its reasonable control (e.g., natural disasters, power or internet failures, labor disputes, war, terrorism, civil unrest, government actions, or failures of third-party providers).

Time Limit to Bring Claims

To the maximum extent permitted by law, any claim arising out of or related to the Services must be brought within one (1) year after the event giving rise to the claim, otherwise it is permanently barred.

This page is for general information only and does not constitute legal advice. Consider consulting an attorney to tailor these Terms to your specific operations.