Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and SaveMyChurn Ltd ("Company," "we," "us," or "our"), a company registered in the United Kingdom, governing your access to and use of the SaveMyChurn website (savemychurn.com), platform, and subscription churn recovery services (collectively, the "Services"). By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must not access or use the Services.

2. Description of Services

SaveMyChurn provides an AI-powered subscription churn recovery platform that:

• Integrates with your Stripe account via read-only restricted API keys to access subscriber data
• Analyzes subscriber behavior, payment patterns, and engagement signals to predict churn risk
• Automatically generates and delivers personalized retention offers (including but not limited to discounts, subscription pauses, plan downgrades, extended trials, account credits, and lifetime discounts) to at-risk subscribers via email
• Provides a real-time analytics dashboard for monitoring recovery performance
• Tracks and reports on recovered revenue for billing purposes

3. Account Registration and Security

3.1 To use the Services, you must create an account by providing accurate, current, and complete information. Depending on the signup or activation path you use, this may include your company name, work email address, password, and Stripe restricted API key. We may also collect billing contact details later if needed to invoice you.

3.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 You represent and warrant that the Stripe restricted API key you provide grants read-only access only and that you have the authority to grant us such access to your Stripe account data.

4. Fees and Payment

4.1 Plan-Based Performance Pricing. The Services are offered on a plan-based performance model. Depending on your selected plan, you agree to pay: Growth: forty-nine US dollars (US$49) per month plus fifteen percent (15%) of recovered revenue; Scale: one hundred ninety-nine US dollars (US$199) per month plus ten percent (10%) of recovered revenue; Pro: three hundred ninety-nine US dollars (US$399) per month plus five percent (5%) of recovered revenue; Enterprise: custom pricing as agreed in writing. "Recovered revenue" means subscription revenue retained from a subscriber identified by our system as at-risk who accepted a retention offer delivered through the Services.

4.2 No Setup Fee; Commission Only on Recovery. There are no setup fees or minimum commitments. Commission Fees are only incurred when revenue is successfully recovered.

4.3 Billing and Invoicing. Commission Fees shall be calculated on a monthly basis. Invoices may be issued through the billing method we make available, using the billing email on your account or another billing contact you provide. Payment is due within fifteen (15) days of invoice issuance. Late payments may be subject to interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less.

4.4 Disputes. If you believe any invoice contains an error, you must notify us in writing within fifteen (15) days of receipt. Undisputed portions of invoices remain due and payable. We will work in good faith to resolve any billing disputes.

4.5 Taxes. All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, GST, and similar taxes arising from your use of the Services, excluding taxes based on our net income.

5. Stripe API Access and Data Usage

5.1 You grant us a limited, non-exclusive, revocable license to access your Stripe account data through the restricted API key you provide, solely for the purpose of delivering the Services.

5.2 Our access is limited to read-only operations. We will not and cannot create charges, modify subscriptions, issue refunds, delete customers, or access payment card numbers or bank account information through the restricted key.

5.3 You may revoke our access at any time by deleting the restricted API key from your Stripe dashboard. Upon revocation, the Services will cease to function, and no further Commission Fees will accrue for new recoveries.

5.4 All API keys are encrypted using AES-256 encryption at rest and transmitted exclusively over TLS-encrypted connections.

5.5 With respect to subscriber data accessed via your Stripe account, you are the data controller and we act as your data processor in accordance with Article 28 of GDPR and UK GDPR. Our processing is strictly limited to the purposes described in these Terms and our Privacy Policy.

6. Client Obligations

You agree to:

• Provide accurate and complete registration information and maintain it current
• Ensure that you have all necessary rights, consents, and authority to share subscriber data with us, including compliance with your own privacy policy and applicable data protection laws
• Ensure that retention emails sent through the Services comply with applicable anti-spam laws (including CAN-SPAM, GDPR, UK GDPR, PECR, and CASL) in your jurisdictions of operation
• Maintain a lawful basis under GDPR and UK GDPR for sharing your subscribers' personal data with us, and ensure that your own privacy policy and subscriber terms disclose the use of third-party retention services
• Not use the Services for any unlawful, fraudulent, or abusive purpose
• Not attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Not interfere with or disrupt the integrity or performance of the Services

7. Intellectual Property

7.1 All rights, title, and interest in and to the Services, including all software, algorithms, machine learning models, user interfaces, documentation, trademarks, and content, are and shall remain the exclusive property of SaveMyChurn. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited right to use the Services as expressly provided herein.

7.2 You retain all rights to your data. We claim no ownership over your subscriber data, account information, or any data processed through the Services.

8. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information received from the other party in connection with the Services ("Confidential Information"). Confidential Information includes, without limitation, API keys, business strategies, subscriber data, pricing information, and proprietary algorithms. Neither party shall disclose Confidential Information to any third party except as required by law or as necessary to perform its obligations hereunder, provided that the receiving party uses at least the same degree of care to protect the disclosing party's Confidential Information as it uses to protect its own, but in no event less than reasonable care.

9. Disclaimers and Limitation of Liability

9.1 AS-IS BASIS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9.2 NO GUARANTEE OF RESULTS. WE DO NOT GUARANTEE ANY SPECIFIC RECOVERY RATE, REVENUE AMOUNT, OR BUSINESS OUTCOME. PAST PERFORMANCE AND STATISTICAL AVERAGES ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE A GUARANTEE OF FUTURE RESULTS.

9.3 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAVEMYCHURN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

9.4 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF COMMISSION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless SaveMyChurn and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation, including data protection laws; (d) your violation of any third-party rights, including intellectual property or privacy rights; (e) your failure to obtain necessary consents from your subscribers for the processing of their data; or (f) any unauthorized use of your account.

11. Term and Termination

11.1 These Terms are effective upon your creation of an account and shall remain in effect until terminated by either party.

11.2 You may terminate your account at any time through the product account-deletion flow or by contacting us in writing. Revoking your Stripe restricted API key will stop Stripe-based service functionality but does not by itself cancel accrued payment obligations. We may terminate or suspend your account at any time for any reason, including breach of these Terms, upon written notice.

11.3 Upon termination: (a) all rights granted to you under these Terms shall immediately cease; (b) you remain liable for all Commission Fees accrued prior to the effective date of termination; (c) we will delete your data in accordance with our Privacy Policy within thirty (30) days; (d) provisions that by their nature should survive termination shall survive, including Sections 4, 7, 8, 9, 10, 13, and 14.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material modifications will be communicated via email to the address associated with your account or by posting a prominent notice on the Site at least thirty (30) days prior to the effective date of the change. Your continued use of the Services after the effective date of any modification constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services prior to the effective date.

13. Data Protection and Privacy

13.1 Each party agrees to comply with all applicable data protection laws and regulations, including GDPR, UK GDPR, and the UK Privacy and Electronic Communications Regulations (PECR). Our obligations regarding the collection, use, and protection of personal data are described in detail in our Privacy Policy, which is incorporated into these Terms by reference.

13.2 For the purposes of GDPR and UK GDPR, with respect to subscriber data accessed via Stripe, you are the data controller and we are the data processor. We shall process such data only on your documented instructions and shall not process it for any other purpose.

13.3 We shall notify you without undue delay if we become aware of any personal data breach affecting subscriber data processed on your behalf, and shall cooperate with you in investigating and remediating such breach.

14. Governing Law and Dispute Resolution

14.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

14.2 Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator remotely or in London, United Kingdom, at the mutual agreement of the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

14.4 Nothing in these Terms shall limit your rights as a consumer under applicable mandatory consumer protection laws, including the UK Consumer Rights Act 2015.

15. General Provisions

15.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and SaveMyChurn with respect to the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

15.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

15.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15.5 Force Majeure. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service provider outages.

15.6 Notices. All notices required or permitted under these Terms shall be in writing and delivered via email to: (a) for notices to SaveMyChurn: support@savemychurn.com; (b) for notices to you: the email address associated with your account.

16. Contact Information

For questions or concerns regarding these Terms of Service, please contact us at: