RETAINTIVE.AI WEBSITE TERMS OF USE

Last updated: October 12, 2025

Effective Date: October 12, 2025

1. ACCEPTANCE OF TERMS

Welcome to Retaintive.ai. These Terms of Use ("Terms") govern your access to and use of the Retaintive.ai website located at www.retaintive.ai (the "Website"). The Website is operated by Retaintive.ai, Inc. ("Retaintive", "we", "us", or "our").

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Website.

These Terms apply only to the Website. Use of our software platform is governed by our separate Service Agreement.

2. CHANGES TO TERMS

We may modify these Terms at any time by posting the revised Terms on the Website. The "Last Updated" date above indicates when the Terms were last changed. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.

3. USE OF THE WEBSITE

3.1. Permitted Use

You may use the Website for lawful purposes only, including:

  • Learning about our Services
  • Accessing marketing materials and resources
  • Contacting us for information
  • Creating an account and signing up for Services

3.2. Prohibited Use

You agree not to:

  • Use the Website in any way that violates applicable laws or regulations
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Website or servers
  • Attempt to gain unauthorized access to the Website or related systems
  • Use automated systems (bots, scrapers) to access the Website without permission
  • Collect or harvest information about other users
  • Transmit viruses, malware, or other harmful code
  • Engage in any activity that could damage our reputation or business
  • Remove or modify any copyright, trademark, or proprietary notices

3.3. Account Registration

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use
  • Be responsible for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. INTELLECTUAL PROPERTY

4.1. Our Content

The Website and its content, including text, graphics, logos, images, videos, software, and other materials (collectively, "Content"), are owned by Retaintive or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content for personal, non-commercial purposes. This license does not include:

  • Resale or commercial use of the Website or Content
  • Copying, reproduction, or distribution of Content
  • Modification or creation of derivative works
  • Use of data mining, robots, or similar data gathering tools
  • Any use that infringes our intellectual property rights

4.3. Trademarks

"Retaintive.ai," our logo, and other marks are trademarks of Retaintive.ai, Inc. You may not use our trademarks without our prior written permission.

4.4. Feedback

If you provide us with feedback, suggestions, or ideas about the Website or our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

5. USER CONTENT

5.1. Your Content

If you submit, post, or transmit content to the Website (e.g., through contact forms, comments, or forums) ("User Content"), you retain ownership of your User Content.

5.2. License to Us

By submitting User Content, you grant Retaintive a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content for the purpose of operating and improving the Website and our Services.

5.3. Representations

You represent and warrant that:

  • You own or have the right to submit User Content
  • User Content does not violate any third-party rights
  • User Content does not violate applicable laws
  • User Content does not contain viruses or malicious code

5.4. Prohibited Content

You may not submit User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
  • Infringes intellectual property or other proprietary rights
  • Contains personal information of others without consent
  • Impersonates any person or entity
  • Contains spam, advertising, or promotional materials (unless authorized)

5.5. Monitoring and Removal

We reserve the right (but have no obligation) to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable.

7. DISCLAIMERS

7.1. "AS IS" AND "AS AVAILABLE" THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR AVAILABILITY.

7.2. No Warranty of Accuracy

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT
  • DEFECTS WILL BE CORRECTED
  • THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

7.3. Information Only

INFORMATION ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. YOU SHOULD CONSULT APPROPRIATE PROFESSIONALS BEFORE MAKING BUSINESS DECISIONS.

7.4. No Guarantee of Results

CASE STUDIES, TESTIMONIALS, AND RESULTS DISPLAYED ON THE WEBSITE ARE NOT GUARANTEES OF FUTURE RESULTS. YOUR RESULTS MAY VARY.

8. LIMITATION OF LIABILITY

8.1. Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETAINTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOST PROFITS OR REVENUE
  • LOSS OF DATA OR INFORMATION
  • LOSS OF BUSINESS OPPORTUNITIES
  • BUSINESS INTERRUPTION
  • LOSS OF GOODWILL

ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.

8.3. Basis of the Bargain

YOU ACKNOWLEDGE THAT WE WOULD NOT PROVIDE THE WEBSITE WITHOUT THESE LIMITATIONS OF LIABILITY.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Retaintive, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to:

  • Your use of the Website
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your User Content

10. PRIVACY

Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. TERMINATION

We may suspend or terminate your access to the Website at any time, with or without cause or notice, including if you violate these Terms. Upon termination, your right to use the Website immediately ceases.

Sections 4 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 13 (Governing Law), and 14 (General Provisions) survive termination.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

13.2. Jurisdiction

Any legal action arising out of these Terms or the Website must be brought exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.

13.3. Waiver of Class Actions

YOU AND RETAINTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. GENERAL PROVISIONS

14.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Retaintive regarding the Website and supersede all prior agreements and understandings.

14.2. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it valid.

14.3. Waiver

No waiver of any provision is effective unless in writing. Waiver of one breach does not waive any other breach.

14.4. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

14.5. Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, natural disasters, terrorism, riots, war, government actions, or internet failures.

14.6. No Agency

These Terms do not create any partnership, joint venture, agency, or employment relationship between you and Retaintive.

14.7. Headings

Section headings are for convenience only and do not affect interpretation.

14.8. Contact Information

If you have questions about these Terms, contact us at:

Retaintive.ai, Inc. Email: contact@retaintive.ai

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.