Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at https://recoup-1p8.pages.dev (the "Site") and the services provided by Elzinga Creative Studio, LLC ("Recoup," "we," "us," or "our"). Please read them carefully.

The detailed B2B service agreement governing Recoup's rebooking service is a separate document provided to business clients upon engagement. These Terms govern use of the Site and set out the general framework of the relationship.

1. Acceptance of Terms

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

If you are using the Site on behalf of a business, you represent that you have authority to bind that business to these Terms, and "you" refers to both you individually and the business.

2. Description of Service

Recoup is a pay-per-booking rebooking service for home-services businesses. Recoup contacts a client's past customers — via text message and email — on the client's behalf, with the goal of generating repeat bookings. Recoup charges on a per-booking basis for bookings generated through its outreach.

The specific terms of any service engagement (including pricing, data handling, program parameters, and representations and warranties) are governed by the separate service agreement executed between Recoup and the client. These Terms do not supersede or replace that agreement.

3. Accounts and Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Keep your account credentials confidential and not share them with unauthorized parties
• Notify us promptly at kaden@elzingacreativestudio.com if you believe your account has been compromised
• Be responsible for all activity that occurs under your account

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

4. Acceptable Use

You agree to use the Site and Service only for lawful purposes and in a manner consistent with all applicable laws and regulations. Without limiting the foregoing, you agree not to:

• Upload, submit, or direct outreach to any contact list that was not lawfully obtained or for which you do not have the right to authorize marketing outreach
• Use the Service to contact individuals who have opted out of communications from you or who have not had a prior business relationship with you as required by applicable law
• Violate any federal, state, or local law, including laws governing unsolicited commercial messages (such as the federal CAN-SPAM Act and the Telephone Consumer Protection Act), privacy, or data protection
• Submit false or misleading information to Recoup or to consumers
• Interfere with or disrupt the integrity or performance of the Site or Service
• Attempt to gain unauthorized access to any system or data
• Use the Service for any purpose other than rebooking your own past customers

You are solely responsible for the lawfulness of your customer lists and for ensuring that your use of the Service complies with applicable law. Recoup provides the outreach platform; compliance with consumer communication laws is your responsibility as the data controller.

5. Intellectual Property

All content on the Site — including text, graphics, logos, and software — is owned by or licensed to Recoup and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Site content without our written permission.

You retain ownership of the customer data you provide to Recoup. By providing that data, you grant Recoup a limited, non-exclusive license to use it solely to perform the Service on your behalf.

6. Fees and Pay-Per-Booking

Recoup's service is priced on a pay-per-booking model. Specific pricing, invoicing terms, and payment obligations are set forth in the service agreement between Recoup and the client. By engaging the Service, you agree to pay fees in accordance with that agreement.

Recoup reserves the right to change its fee structure upon reasonable notice. Any change in fees will be communicated in writing and will not apply retroactively to confirmed bookings already generated.

7. Disclaimer of Warranties

THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RECOUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

RECOUP DOES NOT WARRANT THAT THE SERVICE WILL GENERATE ANY SPECIFIC NUMBER OF BOOKINGS, THAT OUTREACH WILL REACH ANY PARTICULAR CONSUMER, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RECOUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL RECOUP'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO RECOUP IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, THE LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

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

• Your use of the Site or Service
• Your violation of these Terms
• Your violation of any applicable law, including laws governing consumer communications
• Any claim that the customer data you provided to Recoup was obtained or used unlawfully
• Any third-party claims arising from outreach conducted on your behalf

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts.

Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property or unauthorized disclosure of confidential information.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date at the top. For material changes, we will provide notice via the Site or by email to known account holders. Your continued use of the Site or Service after the effective date of any changes constitutes your acceptance of the updated Terms.

12. Termination

Recoup may suspend or terminate your access to the Site or Service at any time, for any reason, with or without notice. Provisions that by their nature should survive termination (including Sections 5, 7, 8, 9, and 10) will remain in effect after termination.

13. Contact Us

For questions about these Terms:

Elzinga Creative Studio, LLC [mailing address to be added before finalization] Email: kaden@elzingacreativestudio.com

*This document is a starting draft prepared to save attorney time. It is not legal advice and does not create an attorney-client relationship. Review and finalization by a licensed attorney is required before these Terms are published or relied upon.*