Please read these Terms of Service ("Terms") carefully before using Recover ("Service", "we", "us", or "our") operated at recoverleads.org. By accessing or using Recover, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of Service
Recover is a software-as-a-service platform that automates SMS follow-up communications between medical spa businesses ("Customers") and their prospective clients ("Leads"). When a Lead submits a contact or inquiry form on a Customer's website, Recover automatically sends SMS messages on behalf of the Customer.
2. Eligibility
You must be at least 18 years old and authorized to enter into binding contracts to use Recover. By using the Service, you represent that you meet these requirements and that all information you provide is accurate and complete.
3. Account Registration & API Keys
Upon payment, you will receive an API key that grants access to the Recover platform. You are responsible for maintaining the confidentiality of your API key and for all activity that occurs under your account. You agree to notify us immediately at hello@recoverleads.org if you suspect unauthorized use of your account.
4. Acceptable Use
You agree to use Recover only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to send unsolicited messages to individuals who have not submitted an inquiry to your business
- Violate any applicable federal, state, or local law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all carrier guidelines
- Send messages that are false, misleading, harassing, or deceptive
- Attempt to reverse-engineer, decompile, or tamper with the Service
- Resell or sublicense the Service without prior written consent
- Use the Service for any purpose other than communicating with individuals who have submitted genuine inquiries to your business
5. SMS Messaging & Carrier Compliance
By using Recover, you acknowledge and agree that:
- You are responsible for ensuring that all recipients of SMS messages sent through Recover have submitted a genuine inquiry to your business and have not opted out of receiving messages
- You will honor all opt-out requests immediately. Any Lead who replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT will be removed from your messaging sequence
- You will include your business name in all messages sent through the platform
- You are solely responsible for compliance with the TCPA, CTIA guidelines, and all applicable carrier regulations
- Recover is a technology platform and is not responsible for the content of messages you configure or for your compliance with applicable law
- Message and data rates may apply to all SMS messages sent through the platform
- Message frequency varies based on lead activity and your account settings
- Carriers are not liable for delayed or undelivered messages
- To opt out at any time reply STOP. For help reply HELP or contact hello@recoverleads.org
- For our full privacy practices see our Privacy Policy
6. Billing & Payment
Recover charges a one-time setup fee of $49 and a recurring monthly or annual subscription fee based on your selected plan. All fees are charged in USD. By providing payment information, you authorize us to charge your payment method for all applicable fees.
Subscription fees are billed in advance on a monthly or annual basis. The setup fee is non-refundable except as described in Section 7. You may cancel your subscription at any time through the billing portal in your dashboard. Cancellation takes effect at the end of the current billing period.
7. 60-Second Guarantee & Refund Policy
Recover offers a 30-day performance guarantee. If Recover fails to send an automated SMS to a Lead within 60 seconds of a verified form submission during your first 30 days of service, you may request a refund of your first month's subscription fee.
To claim a refund, contact hello@recoverleads.org within 30 days of the missed message with the Lead's name, phone number, and exact form submission time.
The guarantee does not apply in the following circumstances:
- The Recover embed code was not correctly installed on your website
- The Lead provided an invalid, landline, or non-SMS-capable phone number
- The Lead had previously opted out of SMS communications (replied STOP or equivalent)
- The delay was caused by a Twilio outage, wireless carrier disruption, or other third-party service failure outside Recover's reasonable control
- The form submission occurred within the first 24 hours after account setup
- The Customer was in violation of these Terms at the time of the claim
Refunds are limited to one per Customer. The setup fee is non-refundable. All other refund requests outside the guarantee are handled at our sole discretion.
8. Intellectual Property
Recover and its original content, features, and functionality are owned by Tristan Stehle and are protected by applicable intellectual property law. You may not copy, modify, distribute, or create derivative works based on the Service without express written permission.
9. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your collection and use of Lead data complies with all applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and any applicable state privacy regulations.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECOVER AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Indemnification
You agree to indemnify, defend, and hold harmless Recover and its operators from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party right, including any TCPA claim arising from messages sent through your account.
13. Force Majeure
Recover shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including internet outages, SMS carrier disruptions, Twilio platform outages, payment processor failures, acts of government, natural disasters, pandemics, or other events outside our reasonable control.
14. Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, non-payment, or for any other reason at our sole discretion. You may terminate your account at any time through your billing portal. Upon termination, your right to use the Service ceases immediately.
15. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising under these Terms shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Ventura County, California under the rules of the American Arbitration Association.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms at recoverleads.org/terms and updating the effective date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Contact
Questions about these Terms? Contact us at hello@recoverleads.org.