Terms of Service

Welcome to Retentive Co. (“Retentiveco”, “we”, “our”, or “us”).

These Terms of Service (“Terms”) govern your access to and use of our website (www.retentiveco.com) and all services provided by us, including email marketing services, design, automation setup, consulting, and related offerings (collectively, the “Services”).

By accessing our website or engaging our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our website or Services, you confirm that:

  • You are legally capable of entering into a binding agreement
  • You agree to comply with these Terms
  • If acting on behalf of a company, you have authority to bind that entity

If you do not agree, you must not use our Services.

2. Services Overview

Retentive Co provides:

  • Email marketing strategy (Klaviyo-focused)
  • Email design & template creation
  • Campaign and automation setup
  • Segmentation and performance optimization
  • Consulting and execution support

All Services are delivered based on agreed scope, timelines, and pricing discussed prior to engagement.

3. Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information
  • Grant necessary access to platforms (e.g., Klaviyo, Shopify, etc.)
  • Ensure all content, data, and materials provided comply with applicable laws
  • Review and approve deliverables within agreed timelines

You are solely responsible for:

  • Your marketing content
  • Compliance with email marketing laws (e.g., CAN-SPAM, GDPR, etc.)

4. Accounts & Access

If access credentials are shared:

  • You are responsible for maintaining their confidentiality
  • You must not share access with unauthorized users
  • You are responsible for all activities under your account

5. Payments & Fees

  • All Services are billed as per agreed proposal, invoice, or contract
  • Payments must be made in full and on time
  • Late payments may result in:
    • Service suspension
    • Delays in deliverables

Unless stated otherwise:

  • Fees are non-refundable once work has commenced

6. Scope of Work & Revisions

  • Work is delivered based on the agreed scope
  • Revisions are limited to what is defined in the project agreement
  • Additional requests outside scope may require extra charges

7. Intellectual Property

Client Ownership

  • You retain ownership of:
    • Your brand assets
    • Your customer data
    • Email lists and campaign content

Retentive Co Ownership

We retain ownership of:

  • Internal processes, frameworks, and methodologies
  • Design systems, templates (unless explicitly transferred)
  • Any proprietary tools or workflows

You may not:

    • Resell, copy, or redistribute our work without permission
    • Reverse engineer or replicate our systems

8. Confidentiality

Both parties agree to:

  • Keep confidential any sensitive or proprietary information
  • Not disclose such information to third parties without consent

This obligation survives termination of Services.

9. Performance Disclaimer

While we aim to deliver high-performing email marketing results:

  • We do not guarantee specific revenue, ROI, or performance outcomes
  • Results depend on multiple factors outside our control, including:
    • Product-market fit
    • Audience quality
    • Offer strength
    • Market conditions

10. Third-Party Tools

Our Services may involve third-party platforms (e.g., Klaviyo, Shopify, ESPs):

  • We are not responsible for outages or issues caused by these platforms
  • Your use of these tools is subject to their own terms

11. Service Availability

We strive for consistent service delivery but:

  • Services may be temporarily unavailable due to maintenance or technical issues
  • We reserve the right to modify or discontinue services at any time

12. Limitation of Liability

To the fullest extent permitted by law:

  • Retentiveco shall not be liable for:
    • Indirect, incidental, or consequential damages
    • Loss of revenue, profits, or business opportunities

Our total liability shall not exceed the fees paid for the Services.

13. Indemnification

You agree to indemnify and hold harmless Retentiveco from any claims arising from:

  • Your use of the Services
  • Your content or data
  • Violation of applicable laws or third-party rights

14. Termination

Either party may terminate:

  • With written notice as agreed in contract

We reserve the right to terminate immediately if:

  • Terms are violated
  • Payments are overdue
  • Misuse of Services is detected

Upon termination:

  • All outstanding fees become payable
  • Access to deliverables may be revoked until payment is complete

15. Data & Privacy

  • You retain ownership of your data
  • We process your data only to deliver Services
  • You are responsible for compliance with applicable data protection laws

16. Changes to Terms

  • We may update these Terms from time to time.
    Updated versions will be posted on this page with a revised date.

    Continued use of Services means acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by the laws of India, without regard to conflict of law principles.

18. Contact Information

For any questions regarding these Terms:

Retentive Co.
Email: info@retentiveco.com
Website: https://retentiveco.com