Terms of Service

Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• Account means a unique account created for You to access Our Service or parts of Our Service.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application means the Recoup Hero web application provided by the Company.
• Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Recoup Hero, Inc., Los Angeles, CA.
• Connected Account means any third-party account You link to the Service, including Your Amazon account and any bank or credit card account linked through Plaid.
• Country/State refers to: California, United States.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
• Service refers to the Application and the Website, together.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You (currently the "Pro" plan).
• Terms of Service (also referred to as "Terms") mean these Terms of Service, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service. These Terms have been created with the help of the TermsFeed Terms and Conditions Generator.
• Third-Party Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service, including Amazon, Plaid and Google.
• Website refers to Recoup Hero, accessible from https://recouphero.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Description of the Service

Recoup Hero helps You track Your Amazon orders, returns and refunds and reconcile them against Your bank and credit card transactions to identify refunds that may be missing, duplicate charges, and other discrepancies. The Service reads information from Your Connected Accounts on Your behalf and presents it back to You. The Service does not place orders, initiate returns, move money, or contact Amazon or Your financial institution on Your behalf. Any dispute or claim You choose to pursue with Amazon, a merchant or a financial institution is initiated and conducted by You.

The Service relies on automated matching and, in some cases, AI-assisted parsing of order pages. The results are informational and may be incomplete or inaccurate. You are responsible for verifying any discrepancy the Service surfaces before acting on it. The Company does not guarantee that the Service will identify every missing refund or that any amount will be recovered.

The Company is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or any financial institution. Amazon and other trademarks are the property of their respective owners.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party sign-in service such as Google.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Access to the Service may be limited to invited users during periods in which We operate an invite-only or early-access program. We may accept or decline access requests at Our sole discretion.

Connected Accounts

Amazon account

To use the Service You may provide Your Amazon sign-in credentials (and, where required, one-time verification codes) so that the Service can sign in to Your Amazon account on Your behalf and read Your order history, returns, refunds, gift card activity and registry information. By doing so You represent and warrant that You are the owner of that Amazon account, that You are authorized to grant Us this access, and that doing so does not violate any agreement You have with Amazon. You may revoke this access at any time by disconnecting the account within the Service or by changing Your Amazon password. We store Your Amazon credentials in encrypted form solely to keep Your connection alive, as described in Our Privacy Policy and Data Security page.

Bank and credit card accounts (Plaid)

Bank and credit card accounts are linked through Plaid Inc. ("Plaid"). We never receive or store Your online banking credentials. By linking an account You grant Us and Plaid the right, power and authority to access and transmit Your financial account information as reasonably necessary to provide the Service, and You agree to Plaid's End User Privacy Policy. You may unlink an account at any time from the Service or from Plaid Portal.

Manual data (CSV uploads)

You may also upload transaction exports (for example CSV files) from Your financial institution or Amazon. You are responsible for the accuracy of anything You upload and represent that You have the right to provide that data to Us.

Subscriptions

Subscription period

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly). At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal at any time through the billing portal available in the Subscription section of Your Account settings, or by contacting Us. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

Payments are processed by Stripe, Inc. You shall provide Stripe with accurate and complete billing information including full name, address, state, zip code and a valid payment method. The Company does not store Your full card number. Should automatic billing fail to occur for any reason, the Company may suspend access to paid features until payment is received.

Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free plan

The Company may offer a free plan with limited features. The Company reserves the right to modify or discontinue the free plan, or to change which features require a Subscription, at any time.

Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To access, or attempt to access, any Amazon account, financial account or other Connected Account that You do not own or are not authorized to access.
• To scrape, harvest, or collect data from the Service or from Third-Party Services other than Your own data as presented by the Service.
• To reverse engineer, decompile, or attempt to extract the source code of the Service, or to interfere with or circumvent any security or rate-limiting feature of the Service.
• To upload or transmit viruses, malware, or any other code of a destructive or disruptive nature, or to use any robot, spider or automated means to access the Service for any purpose without Our express written permission.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To resell, sublicense, or otherwise make the Service available to any third party, or to use the Service to build a competing product.

Intellectual Property

The Service and its original content (excluding data from Your Connected Accounts and content You provide), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Service for Your personal, non-commercial purposes. You retain all rights to the data from Your Connected Accounts and to any content You upload; You grant Us a license to process that data solely as necessary to provide the Service to You.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites and Third-Party Services

Our Service may contain links to, or depend on, third-party websites or services that are not owned or controlled by the Company, including Amazon, Plaid, Stripe and Google.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services, including any action a Third-Party Service takes with respect to Your account with it.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit or connect to the Service.

Termination

We may terminate or suspend Your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may delete it from the Settings section of the Service or by contacting Us; deleting Your Account revokes Our access to Your Connected Accounts and deletes Your data as described in Our Privacy Policy.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the claim, or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, any refund or amount that is not recovered from Amazon or any other party, any action taken by Amazon or a financial institution with respect to Your account with them, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service, including any order, transaction, refund or discrepancy data; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Service is not financial, legal, tax or accounting advice. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country/State, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@recouphero.com.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If You have any questions about these Terms of Service, You can contact Us:

• By email: support@recouphero.com
• By visiting the Help & Support page in the Application: https://recouphero.com/help