Terms of Service

1. About RetenVue

RetenVue, referred to in these Terms as “RetenVue,” “we,” “us,” or “our,” provides email retention strategy, lifecycle automation, campaign production, customer segmentation, deliverability support, reporting, and related services for ecommerce brands.

These Terms apply to:

• Visitors using the RetenVue website
• Businesses submitting an inquiry or booking a call
• Clients purchasing Launch
• Clients purchasing Orbit
• Clients purchasing Momentum
• Clients purchasing Scale
• Clients entering a Custom Retainer engagement
• Anyone accessing materials, recommendations, reports, or deliverables provided by RetenVue

2. Agreement Structure

These Terms provide the general rules for using RetenVue’s website and purchasing our services.

A client engagement may also include:

• A proposal
• An order form
• A statement of work
• A service agreement
• A data processing agreement
• Written offer-specific terms

If an accepted proposal or signed agreement conflicts with these website Terms, the accepted proposal or signed agreement will control for that engagement.

3. Business Use

RetenVue’s services are intended for businesses and authorized business representatives.

By submitting an inquiry or purchasing a service, you confirm that:

• You are at least 18 years old.
• You have authority to act for the business you represent.
• The information you provide is accurate.
• You will use the website and services only for lawful business purposes.
• Your business has the right to provide RetenVue with any account access, content, customer information, or brand materials required for the engagement.

4. RetenVue Services

Launch

Launch is a one-time retention setup for brands that do not yet have a complete email retention system.

Depending on the scope shown on the Launch page or accepted order form, Launch may include:

• Email platform and store connection
• Customer segmentation
• Essential automated flows
• Email copy
• Branded email creative
• Signup forms
• Campaign planning or production
• Deliverability setup
• Reporting foundations

The exact deliverables, timeline, platform, revision allowance, and price are stated on the Launch page, invoice, proposal, or accepted order form.

Launch does not include ongoing monthly management unless it is added in writing.

Launch requires 100% payment upfront before onboarding or production begins.

Orbit

Orbit is a scoped RetenVue service for brands that need work beyond the standard Launch offer.

The exact Orbit scope may be shaped around the brand’s existing retention program, catalog, customer journey, sending volume, technical setup, or internal team.

Orbit deliverables, timeline, support level, revision allowance, and price are defined in the Orbit offer page, proposal, or accepted order form.

Orbit requires 100% payment upfront before onboarding or production begins.

Orbit does not include ongoing monthly management unless the accepted proposal or order form states otherwise.

Orbit does not automatically include the Momentum or Scale Target Guarantee unless a signed agreement clearly includes it.

Momentum

Momentum is a monthly retention program for brands already running email marketing but missing repeat revenue.

Momentum is designed to improve email-attributed revenue toward a 15% contribution target within the initial 60-day sprint.

Pricing and deliverables depend on the client’s monthly store revenue band.

Momentum is billed monthly and requires a minimum two-month commitment.

Payment is collected at the beginning of each month of service.

Scale

Scale is a higher-volume monthly retention program for established brands that require more flows, campaigns, segmentation, testing, deliverability support, and strategic guidance.

Scale is designed to improve email-attributed revenue toward a 20% contribution target within the initial 60-day sprint.

Pricing and deliverables depend on the client’s monthly store revenue band.

Scale is billed monthly and requires a minimum two-month commitment.

Payment is collected at the beginning of each month of service.

Custom Retainer

Custom Retainer is an ongoing monthly service built around a client’s specific retention program.

A Custom Retainer may include:

• A dedicated retention team
• Custom lifecycle architecture
• Ongoing campaign production
• Advanced customer segmentation
• Testing and optimization
• Deliverability management
• Reporting and planning
• Custom communication channels
• Agreed response times

The exact scope, monthly fee, minimum term, service level, and cancellation notice period are defined in the accepted proposal or order form.

Custom Retainer services are billed monthly. Payment is collected at the beginning of each monthly service period.

RetenVue is not required to begin or continue work for a service month until that month’s payment has been received.

Custom Retainer does not automatically include the Momentum or Scale Target Guarantee unless a signed agreement clearly includes it.

5. Pricing and Payment

The client agrees to pay the price shown on the applicable offer page, proposal, invoice, or order form.

Launch payment

Launch requires 100% payment upfront.

RetenVue will not begin onboarding, research, strategy, account setup, copywriting, design, or production until the full payment has been received.

Orbit payment

Orbit requires 100% payment upfront.

The complete fee shown in the accepted proposal, invoice, or order form must be paid before the engagement begins.

Momentum payment

Momentum is billed monthly and requires a minimum two-month commitment.

The first monthly payment must be received before onboarding or production begins.

The second monthly payment is due at the beginning of the second month.

The client remains responsible for the complete two-month commitment even if the client asks RetenVue to pause or stop work before the sprint ends.

Scale payment

Scale is billed monthly and requires a minimum two-month commitment.

The first monthly payment must be received before onboarding or production begins.

The second monthly payment is due at the beginning of the second month.

The client remains responsible for the complete two-month commitment even if the client asks RetenVue to pause or stop work before the sprint ends.

Custom Retainer payment

Custom Retainer services are billed monthly in advance.

Payment must be received before work begins for the applicable service month.

The monthly fee, minimum term, and cancellation notice period are stated in the accepted proposal or order form.

General payment terms

Unless an accepted agreement states otherwise:

• All fees are charged in US dollars.
• The client is responsible for applicable taxes.
• Work may be delayed, paused, or withheld when payment is overdue.
• Approved third-party costs are separate from RetenVue’s service fees.
• Platform subscriptions, sending fees, software charges, app fees, and advertising costs remain the client’s responsibility.
• Cancellation does not remove payment obligations already incurred.
• Completed or partially completed service periods will not be prorated.
• The client is responsible for keeping billing information accurate and current.

6. No-Refund Policy

All payments made to RetenVue are final and non-refundable, except where a refund is required by applicable law.

This no-refund policy applies to:

• Launch
• Orbit
• Momentum
• Scale
• Custom Retainer
• Add-on services
• Approved work outside the original scope
• Completed and partially completed service periods

RetenVue reserves team capacity, schedules production, conducts research, and begins strategic preparation based on each confirmed engagement.

For that reason:

• Launch payments are non-refundable.
• Orbit payments are non-refundable.
• Momentum monthly payments are non-refundable.
• Scale monthly payments are non-refundable.
• Custom Retainer monthly payments are non-refundable.
• Unused time within a paid service period does not create a credit or refund.
• Client delays do not create a refund right.
• Missing account access does not create a refund right.
• Late approvals or missing brand assets do not create a refund right.
• A decision to pause or stop work after payment does not create a refund right.
• Platform outages or account restrictions do not create a refund right.
• Inventory, fulfillment, or website problems do not create a refund right.
• Removing RetenVue’s access during a paid service period does not create a refund right.
• A change in the client’s internal team, budget, advertising activity, or business priorities does not create a refund right.

7. The Target Guarantee

The Target Guarantee applies only to qualifying Momentum and Scale engagements.

It does not automatically apply to Launch, Orbit, or Custom Retainer unless a signed agreement clearly includes it.

Momentum target

The Momentum target is for email to contribute 15% of total store revenue by day 60.

Scale target

The Scale target is for email to contribute 20% of total store revenue by day 60.

Measurement

The target is measured inside the client’s email service provider using a click-attribution window agreed upon before work begins.

Performance is compared with the 30-day period immediately before the engagement unless another baseline is agreed to in writing.

Before work starts, RetenVue and the client will confirm:

• The attribution window
• The baseline dates
• The email platform
• The store revenue source
• The included email revenue
• The reporting period
• Any exclusions that affect measurement

Qualification

The Target Guarantee applies only to brands that meet both minimum requirements:

• At least 10,000 monthly store sessions
• At least 3,000 marketable email subscribers

The client must maintain active traffic or advertising activity throughout the sprint.

Client responsibilities

To keep the Target Guarantee valid, the client must:

• Provide the required account access
• Provide usable brand assets
• Attend the kickoff call
• Review copy and creative within 48 hours
• Maintain normal traffic or advertising activity
• Avoid website changes that interfere with tracking
• Avoid changing attribution settings during the sprint
• Inform RetenVue before changing platforms, checkout systems, or tracking
• Keep products, inventory, fulfillment, and the website reasonably operational
• Follow agreed implementation and approval timelines

If the client delays access, assets, approvals, or required decisions, the sprint clock will pause until the missing item is provided.

Free extension

If the agreed target is not reached by day 60 and all qualification and client-responsibility conditions have been met, RetenVue will continue the applicable Momentum or Scale service without an additional service fee for up to 30 days.

The extension covers the same applicable service, including flows, campaigns, testing, reporting, and optimization.

The free extension:

• Is limited to 30 additional days
• Has no cash value
• Cannot be transferred
• Does not create a refund right
• Does not create account credit
• Does not cover third-party platform or software costs
• Ends when the target is reached or the 30-day extension expires

The Target Guarantee provides additional service time, not a refund.

8. Performance and Attribution

Email platforms use attribution models to connect revenue with campaigns, flows, and customer activity.

Platform-attributed revenue is not the same as independently proven incremental revenue or net profit.

Results may be affected by:

• Store traffic
• Advertising activity
• Product demand
• Pricing
• Inventory
• Website conversion rate
• Seasonality
• Promotions
• List quality
• Sending reputation
• Approval speed
• Platform attribution settings
• Website and checkout tracking
• Fulfillment and customer experience

Except for the specific Target Guarantee described in these Terms, RetenVue does not promise a fixed revenue amount, profit level, return on investment, or business outcome.

Case studies, dashboards, testimonials, examples, and previous results are provided for context. They do not guarantee that another business will achieve the same outcome.

9. Client Responsibilities

The client agrees to provide what RetenVue reasonably needs to complete the work.

This may include:

• One kickoff call
• Store access
• Email platform access
• Analytics access
• Brand guidelines
• Logos and fonts
• Product photography
• Creative files
• Product information
• Offer details
• Compliance requirements
• Timely feedback and approvals
• A primary point of contact

The client is responsible for the accuracy, legality, and ownership of the information, claims, products, subscriber lists, and materials it provides.

The client must not ask RetenVue to send messages to unlawfully obtained contact lists or use customer information without the required rights or permissions.

10. Account Access and Security

RetenVue may require authorized access to platforms such as Shopify, Klaviyo, Omnisend, analytics tools, design tools, and related business systems.

The client should provide role-based access whenever the platform supports it.

The client remains responsible for:

• Maintaining ownership of its accounts
• Controlling administrator permissions
• Protecting passwords and authentication methods
• Removing access when the engagement ends
• Informing RetenVue of suspected unauthorized access
• Maintaining backup administrator access

RetenVue will use account access only to provide the agreed services, maintain security, meet legal obligations, and follow the client’s lawful instructions.

11. Third-Party Platforms

RetenVue works with third-party platforms that we do not own or control.

These platforms may include:

• Shopify
• Klaviyo
• Omnisend
• Google
• Meta
• Figma
• Analytics providers
• Scheduling platforms
• Hosting providers
• Database providers
• Other ecommerce applications

RetenVue is not responsible for:

• Platform downtime
• Pricing changes
• Policy changes
• Account suspensions
• Feature removal
• Third-party data loss
• Mailbox placement decisions
• Platform tracking errors
• Changes to attribution models
• Service interruptions outside RetenVue’s control

The client remains responsible for accepting and following the terms of each third-party platform it uses.

12. Approvals and Delays

RetenVue may request approval before publishing or activating:

• Email copy
• Email creative
• Campaigns
• Automated flows
• Signup forms
• Segments
• Offers
• Tracking changes
• Strategic changes

The client is responsible for reviewing submissions carefully.

Once the client approves an item, RetenVue may rely on that approval.

Timelines may be extended when delays are caused by:

• Missing access
• Missing brand assets
• Late approvals
• Product changes
• Inventory changes
• Website changes
• Platform issues
• Tracking problems
• Client-requested scope changes
• Events outside RetenVue’s reasonable control

13. Revisions and Scope Changes

The number of included revisions is stated in the applicable offer, proposal, or order form.

A revision adjusts an existing direction. It does not create a new strategy, campaign, flow, page, or deliverable outside the agreed scope.

Work outside the accepted scope may require:

• A revised timeline
• An additional fee
• A new order form
• Written approval before work begins

RetenVue is not required to begin out-of-scope work until the additional scope and payment have been approved.

14. Ownership of Work

The client retains ownership of:

• Its customer data
• Its subscriber lists
• Its brand assets
• Its products
• Its trademarks
• Its existing accounts
• Materials it provides to RetenVue

After all applicable invoices have been paid, the client owns the final approved deliverables created specifically for its engagement.

RetenVue retains ownership of:

• Pre-existing methods
• Internal systems
• Processes
• Frameworks
• Templates
• General knowledge
• Internal tools
• Materials developed outside the client’s custom deliverables

If RetenVue materials are included inside a completed client deliverable, the client receives the right to use those materials as part of that deliverable.

Drafts, unused concepts, internal notes, and unapproved directions remain RetenVue property unless an agreement states otherwise.

15. Portfolio and Case Study Use

RetenVue will not knowingly publish confidential customer information.

Named testimonials, founder images, logos, dashboards, and identifiable case studies should only be published when RetenVue has appropriate permission.

RetenVue may use anonymous or aggregated performance information where it does not reasonably identify the client, unless the accepted agreement states otherwise.

16. Confidentiality

Each party may receive confidential information from the other.

Confidential information may include:

• Customer data
• Subscriber data
• Account credentials
• Financial information
• Business plans
• Performance reports
• Product plans
• Internal processes
• Unpublished creative
• Commercial terms

Each party agrees to protect confidential information and use it only for the agreed business purpose.

Confidentiality obligations do not apply to information that:

• Was already lawfully known
• Becomes public without a breach
• Is lawfully received from another source
• Is independently developed
• Must be disclosed by law

17. Data Protection

When RetenVue processes personal information for a client, the client determines the business purpose and permitted use of that information unless applicable law states otherwise.

The client is responsible for:

• Providing required privacy notices
• Obtaining required permissions
• Maintaining lawful subscriber lists
• Honoring customer privacy requests
• Giving RetenVue lawful instructions
• Ensuring product and marketing claims comply with applicable law

RetenVue will process client data only to provide the contracted services, maintain security, meet legal obligations, and follow the applicable agreement.

A separate data processing agreement may apply where required.

Use of RetenVue’s website is also subject to the RetenVue Privacy Policy and Cookie Policy.

18. Acceptable Use

You may not use RetenVue’s website or services to:

• Break applicable law
• Infringe intellectual property rights
• Upload malicious code
• Attempt unauthorized account access
• Scrape protected website content
• Interfere with website security
• Send unlawful or deceptive marketing
• Misrepresent your identity or authority
• Abuse forms, booking systems, or communication channels
• Resell RetenVue deliverables without permission
• Direct RetenVue to process unlawfully obtained data

RetenVue may restrict access or suspend services when we reasonably believe these Terms have been violated.

19. Website Content

RetenVue makes reasonable efforts to keep website information accurate.

Website content may still contain errors, outdated details, or temporary omissions.

RetenVue may update:

• Offers
• Prices
• Deliverables
• Availability
• Qualification requirements
• Website content
• These Terms

Website changes do not alter an already accepted proposal or signed agreement unless both parties agree in writing.

20. Intellectual Property

The RetenVue name, logo, website design, copy, graphics, frameworks, and original website materials belong to RetenVue or its licensors.

You may not copy, reproduce, publish, sell, modify, or distribute protected RetenVue materials without written permission.

Client and third-party platform names shown on the website remain the property of their respective owners.

21. Disclaimer of Warranties

The RetenVue website is provided on an “as available” basis.

To the extent permitted by law, RetenVue does not guarantee that:

• The website will always be available
• The website will be free from every error
• Every third-party integration will continue working
• Every recommendation will produce the same result
• Platform attribution will equal incremental revenue
• Email providers will place every message in the inbox
• Third-party platforms will maintain their current features or policies

Nothing in these Terms removes rights that cannot legally be excluded.

22. Limitation of Liability

To the extent permitted by law, RetenVue will not be liable for indirect, incidental, special, punitive, or consequential losses, including lost profits, lost opportunities, lost data, or business interruption.

To the extent permitted by law, RetenVue’s total liability related to a service will not exceed the total service fees paid to RetenVue for the specific engagement giving rise to the claim.

This section does not limit liability that cannot legally be limited.

23. Indemnification

You agree to protect RetenVue from third-party claims arising from:

• Materials or claims you provided
• Your products or services
• Your unlawful use of customer information
• Your violation of these Terms
• Your violation of another party’s rights
• Instructions you gave RetenVue that violated applicable law

This obligation applies only to the extent permitted by law and may be expanded or replaced by an accepted client agreement.

24. Cancellation and Termination

Launch and Orbit

Launch and Orbit cannot be cancelled for a refund after payment has been made.

Momentum and Scale

Momentum and Scale require the complete two-month minimum commitment.

The client remains responsible for both monthly payments even if the client asks RetenVue to stop work before the 60-day sprint ends.

After the minimum commitment, cancellation follows the notice period stated in the accepted proposal or order form.

Custom Retainer

Custom Retainer cancellation follows the minimum term and notice period stated in the accepted proposal or order form.

RetenVue’s right to suspend or terminate

RetenVue may suspend or end services when:

• Required payments remain overdue
• The client repeatedly fails to provide required access
• The client repeatedly fails to provide approvals
• The client requests unlawful or deceptive activity
• Continuing the engagement creates a legal or security risk
• Either party exercises a contractual termination right

Ending an engagement does not remove payment obligations already incurred.

After termination, the client should remove RetenVue’s account access.

RetenVue will return or delete client information according to the applicable agreement and legal obligations.

25. Events Outside Our Control

RetenVue is not responsible for delays caused by events outside our reasonable control.

These events may include:

• Internet outages
• Platform outages
• Cyberattacks
• Natural disasters
• Government actions
• Labor disruptions
• Widespread service failures
• Changes to third-party systems
• Other events RetenVue could not reasonably prevent

RetenVue will make reasonable efforts to resume affected work when practical.

26. Electronic Communications

By submitting an inquiry, booking a call, purchasing a service, or communicating with RetenVue electronically, you agree to receive service-related communications electronically.

Marketing emails may be stopped using the unsubscribe option included in the message.

Unsubscribing from marketing does not stop necessary service, billing, security, or account communications.

27. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any legal action related to these Terms will be brought in a court with jurisdiction in New York, unless an accepted agreement requires another dispute process or applicable law requires otherwise.

28. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining sections will continue to apply.

The invalid section will be interpreted or adjusted only as much as necessary to make it enforceable where permitted by law.

29. Waiver

If RetenVue does not immediately enforce a provision of these Terms, that does not waive RetenVue’s right to enforce it later.

A waiver is valid only when confirmed in writing.

30. Assignment

You may not transfer your rights or obligations under these Terms without RetenVue’s written permission.

RetenVue may transfer these Terms as part of a merger, acquisition, business restructuring, or sale of assets, subject to applicable law.

31. Entire Agreement

These Terms, the Privacy Policy, the Cookie Policy, and any accepted proposal, order form, or signed agreement form the agreement between RetenVue and the client for the applicable subject matter.

They replace earlier discussions or representations concerning the same subject matter.

32. Changes to These Terms

RetenVue may update these Terms to reflect changes to the website, services, business practices, or legal obligations.

The revised version will display a new “Last updated” date.

Changes will apply prospectively unless applicable law permits otherwise.

Changes to these website Terms do not rewrite an already accepted proposal or signed agreement unless both parties agree in writing.

33. Contact RetenVue

Questions about these Terms can be sent to:

RetenVue
Phone: 843 (309) 1633
Email: hey@retenvue.com
Headquarters: 404 Lexington Ave, Brooklyn, New York 11216