Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) govern your use of recapturly.com (the “Site”) and any services provided by Recapturly (“we,” “us,” or “our”). By accessing our Site or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Site or engage our services. We reserve the right to update these Terms at any time — continued use of our Site or services after changes constitutes acceptance of the updated Terms.

Our Services

Recapturly provides done-for-you email revenue recovery services for Shopify brands, including but not limited to:

• Abandoned cart email sequence strategy, copywriting, and design
• Lapsed customer win-back flow strategy, copywriting, and design
• Browse abandonment email sequence strategy, copywriting, and design
• Post-purchase email sequence strategy, copywriting, and design
• Email platform setup and configuration (Klaviyo, Omnisend, and others)
• Monthly performance reporting and flow optimization
• Free revenue audit (as described separately on our Free Audit page)

The specific scope of services for each client engagement is defined in a separate Service Agreement or Statement of Work. These Terms apply to all engagements unless superseded by a written agreement signed by both parties.

Free Revenue Audit

Recapturly offers a free 15-minute revenue audit to qualifying Shopify brands. By booking a free audit, you agree to the following:

• The audit is provided at no cost and with no obligation to engage our paid services
• You consent to Recapturly reviewing publicly available information about your store for audit preparation purposes
• Any information you share during the audit is treated as confidential and will not be shared with third parties
• Recapturly reserves the right to decline an audit request at our discretion
• Results and revenue estimates provided in the audit are based on industry benchmarks and are indicative only — not a guarantee of results

Client Responsibilities

To enable Recapturly to deliver our services effectively, clients agree to:

• Provide accurate and complete information about their store, audience, and existing email setup
• Grant Recapturly necessary access to their email platform (Klaviyo, Omnisend, etc.) to build and manage flows
• Review and approve creative work (copy, design) within agreed timelines — delays in approval may delay delivery
• Ensure their Shopify store and email platform comply with applicable laws including CAN-SPAM, GDPR, and CCPA
• Maintain a legitimate, permission-based email list — Recapturly will not send to purchased, rented, or non-consented lists
• Pay agreed fees on time as outlined in the Service Agreement
• Notify Recapturly promptly of any changes to their store, platform access, or business circumstances that may affect service delivery

Email Marketing Compliance

Recapturly operates in strict compliance with applicable email marketing laws. All flows and campaigns built by Recapturly will comply with:

• CAN-SPAM Act (US) — accurate sender information, honest subject lines, valid physical address, clear unsubscribe mechanisms honored within 10 business days
• GDPR (EU/EEA) — lawful basis for processing, subscriber rights respected, data minimization principles applied
• CCPA (California) — no sale of personal data, consumer rights respected
• CASL (Canada) — express or implied consent required before sending commercial email to Canadian recipients

Clients are responsible for ensuring their subscriber lists are permission-based and compliant with applicable laws in their jurisdiction. Recapturly will not knowingly send email to lists that have not been lawfully obtained. If we discover non-compliant list practices, we reserve the right to pause or terminate services immediately.

Results Disclaimer

Recapturly provides email recovery services based on industry best practices, proven frameworks, and continuous optimization. However, we cannot guarantee specific revenue outcomes, open rates, conversion rates, or other performance metrics.

Email marketing results are influenced by factors outside our control, including:

• Your store’s traffic volume, product category, and price point
• The quality and engagement level of your existing subscriber list
• Your email platform’s deliverability and sender reputation
• Seasonal trends and market conditions
• Changes to email platform algorithms or inbox provider filtering
• The accuracy and completeness of information provided by the client

Industry benchmarks and case study data referenced on our website represent typical or average results and are not guarantees of individual performance. Every store is different.

Intellectual Property

All email copy, designs, strategy documents, and flow architecture created by Recapturly during a client engagement are owned by Recapturly until full payment has been received, at which point ownership transfers to the client.

• Upon full payment, clients receive full ownership of all deliverables created for their specific engagement
• Recapturly retains the right to use anonymized, non-identifying elements of our work (frameworks, structures, strategies) for other clients and for portfolio purposes
• Clients grant Recapturly a limited license to use their brand assets (logo, brand colors, fonts) solely for the purpose of creating deliverables during the engagement
• Any third-party assets (stock images, licensed fonts) used in deliverables remain subject to their respective license terms

Recapturly’s website content, brand, methodology, and materials are protected by copyright. Reproduction or use without written permission is prohibited.

Confidentiality

Both parties agree to treat as confidential any proprietary or sensitive information shared during an engagement, including but not limited to revenue data, customer data, marketing strategies, and business information.

• Recapturly will not disclose client-specific business information to third parties without written consent
• Client information shared during a free audit is treated as confidential regardless of whether an engagement proceeds
• Confidentiality obligations survive termination of the engagement

Payment Terms

Payment terms for client engagements are defined in the Service Agreement. General terms that apply unless otherwise specified:

• Invoices are due within 14 days of issue unless otherwise agreed in writing
• Late payments may incur a 1.5% monthly interest charge on outstanding balances
• Recapturly reserves the right to pause services for accounts more than 30 days overdue
• All fees are quoted and payable in USD unless otherwise agreed
• Refunds are handled on a case-by-case basis — contact us within 14 days if you have concerns about a specific invoice

Termination

Either party may terminate a service engagement with 30 days’ written notice unless otherwise specified in the Service Agreement.

• Recapturly may terminate immediately if a client violates email compliance requirements, uses non-consented lists, or fails to pay outstanding invoices after reasonable notice
• Upon termination, Recapturly will provide the client with all completed deliverables for which full payment has been received
• Access to client email platforms will be relinquished promptly upon termination
• Clauses relating to confidentiality, intellectual property, and liability survive termination

Limitation of Liability

To the maximum extent permitted by applicable law, Recapturly’s total liability for any claim arising from our services shall not exceed the total fees paid by the client in the three months preceding the claim.

Recapturly is not liable for:

• Indirect, incidental, or consequential damages including lost profits or lost revenue
• Results that fall below projected or estimated performance benchmarks
• Deliverability issues caused by factors outside our control including email platform changes, ISP filtering, or client list quality
• Any actions taken by the client that violate email compliance laws
• Third-party platform outages, errors, or changes (Klaviyo, Omnisend, Shopify, etc.)

Acceptable Use of Our Website

By using recapturly.com, you agree not to:

• Use the site for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to any part of the site or its underlying systems
• Use automated tools to scrape, crawl, or harvest content from the site without permission
• Submit false or misleading information via any form on the site
• Interfere with the proper functioning of the site

Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Orlando, Florida, under the rules of the American Arbitration Association. Both parties waive the right to a jury trial.

Nothing in this clause prevents either party from seeking injunctive relief for intellectual property violations or breach of confidentiality.

Changes to These Terms

Recapturly reserves the right to update these Terms at any time. Material changes will be reflected in the “Last updated” date at the top of this page. Continued use of our site or services after changes constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically. If you have any questions about a change, contact us before continuing to use our services.