Terms of Service

User Agreement for Recapture.io

Last updated: Feburary 2, 2017.

This document (the “User Agreement”) is a legally binding agreement between you and Skyline Consulting Co d/b/a Recapture.io (“Recapture”) that governs your use of Recapture’s online services.

For information about your data privacy, please see our Privacy Policy.


Contract Formation

By using the Recapture.io web site (“Service”), or any services of Recapture, you are agreeing to be bound by the following terms and conditions (“User Agreement”).


Changes to the User Agreement

Recapture reserves the right to update and change the User Agreement from time to time without notice and at its sole discretion.

Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the User Agreement at any time at: http://Recapture.io/terms. Recapture reserves the right to update and change the User Agreement by posting updates and changes to the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.


Violation

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.


Account Terms

  • You must be 18 years or older to use this Service.
  • You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
  • A single username and password (“login”) may only be used by one person.
  • You are responsible for keeping your password secure. Recapture cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You are responsible for all activity and Content (data, graphics, photos, links) that is uploaded under your Service account.
  • You must not upload, post, host, or transmit unsolicited email, SMS, Instant Messenger, Twitter or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You may not use the Service for any illegal or unauthorized purpose.
  • You may not use the Service for the purpose of creating or distributing unsolicited email ("spam").
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Recapture.
  • A breach or violation of any of the Account Terms as determined at the sole discretion of Recapture will result in an immediate termination of your services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of the Service.

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • Recapture does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  • Recapture does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • Technical support is only provided to paying account holders and is only available via email.
  • You understand that Recapture uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks..
  • You retain ownership over all content that you submit to your Service account, however, by making your account public, you agree to allow others to view your content.
  • Recapture does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that in no event shall Recapture, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Recapture has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Recapture to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Recapture and govern your use of the Service, superceding any prior agreements between you and Recapture (including, but not limited to, any prior versions of the Terms of Service).
  • Recapture reserves the right to assign this User Agreement or any part thereof without restrictions.
  • Questions about the Terms of Service should be sent to support email support@Recapture.io.

Modifications to the Service and Prices

  • Recapture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site (Recapture.io) or the Service itself.
  • Recapture shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Payment of Fees, Refunds, Upgrading and Downgrading

  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Refunds for other cases not covered here are at the sole discretion of Recapture
  • An upgrade from the free plan to any paid plan will immediately bill you.
  • An upgrade or downgrade made during the free trial period will not affect the trial period. If you added a payment method to your account, we will bill you according to the plan the account is set to at the end of the free trial period.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • For any upgrade or downgrade in plan level outside of the trial period, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Recapture does not accept any liability for such loss. Downgrading your Service may not be completed without direct action from you to remove Content, features, or capacity in place that exceeds the Content, features, or capacity offered by the lesser plan.

Cancellation and Termination

  • Verbal, physical, written or other abuse (including threats of abuse) of any Recapture customer, employee, member, or officer will result in immediate account termination.
  • You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the Manage Subscription link in the global navigation bar on the far right of the screen. The Manage Subscription screen provides a cancellation button (“Cancel”) next to your current billing plan. An email or phone request to cancel your account is not considered cancellation.
  • Your cancellation will take effect immediately and you will not be charged again. Any refunds are at the sole discretion of Recapture..
  • We reserve the right to modify or terminate your Service for any reason, without notice at any time.

Entire Agreement

This User Agreement constitutes all the terms and conditions agreed upon between you and Recapture and supercedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Recapture are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement in reliance of or to any oral or written representations made by Recapture not contained in this User Agreement.


Severability

Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.


Governing Law and Disputes

This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America. Any dispute, controversy or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction of the courts of the United States of America, Colorado being the court of first instance.


Recapture Mailing Address

Skyline Consulting Co d/b/a Recapture.io
10558 Lieter Pl
Lone Tree, CO 80124
United States

Who is Recapture?

We have over 15 years of experience building and running successful e-commerce websites.

Recapture started as an internal tool that we built for all our Magento sites. We needed to send abandoned cart emails that didn't suck, and we didn't want to use a self-hosted solution and gum up our Magento installation.

We couldn't find a well-built, cost-effective service out there, so we built it ourselves. It works so incredibly well for us that we decided to share it with anyone who wants it.

Dave Rodenbaugh

Owner, Lead Developer, Head of Customer Support

John Webber

Cereal Entrepreneur, Co-Founder, Advisor

(yeah, we meant cereal)

David Webber

Co-Founder, Advisor