Terms of Service
Updated: January 1, 2021
This user agreement (this “Agreement”) governs your access to and use of services provided and operated by Riddlic, Inc. d/b/a Recoup ("us", "we", and "our"), including our website (the “Site”), SMS, APIs, social media sites, blogs, chat applications, email notifications, applications, and our other services that link to this Agreement (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
We may revise this Agreement and any of the other agreements and policies listed above from time to time. The revised version will be effective at the time we post it unless otherwise specified.
By continuing to use the Services after any changes to this Agreement or any of the other agreements and policies applicable to you, you agree to abide and be bound by those changes. If you do not agree with any changes to this Agreement or any of the other agreements and policies applicable to you, you may close your account.
- DEFINED TERMS
The following defined terms have the meanings set forth below:
“Financial Information” means the credit, debit, and other payment card data and information you provide to us through your use of the Services or by any other means.
“Institution” a bank, credit card company, credit union, merchant, and other service-provider. “Opportunity” means each refund or money-saving opportunity identified by the Service.
“Personal Information” means the personal identifying information and content you provide to us through your use of the Services or by any other means, including, but not limited to, your name, address, phone number, email, bank account numbers, other accounts, and all other personal identifying information.
- ACCESS AND USE
2.1 By accessing the Services or connecting your bank account, email account, or other personal accounts, you use the Service and you agree to be bound by the Legal Agreements.
2.2 If you are an individual, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a Recoup account and use the Services.
2.3 If you are a business, you must be organized in, operating in, or a resident of, the United States or one of its territories to open a Recoup account and use the Services.
2.4 You shall not use the Service for any unlawful, illegal, or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.5 You shall not use the Services to transmit any worms or viruses or any code of a destructive nature.
2.6 We may refuse you access to or use of the Service for any reason and at any time. A breach or violation of any of the terms or conditions of the Legal Agreements will result in an immediate termination of your use of the Service.
3.1 Generally; Your Account
3.1.1 To use the Service, you must create an account (your “Account”) by registering on the Site and:
a. selecting “Full Service by Recoup” or “Self Service”;
b. specifying one or more Institutions with at least one depository account in good standing, with a positive balance, and providing us with your account credentials for each such Institution.
c. Provide a debit or credit card that is in good standing and with available funds of at least $10 to be verified through a temporary authorization hold.
d. Agree not to contact your bank or merchant, have a joint account holder contact your bank or merchant, another designated representative contact your bank or merchant, or otherwise interfere with our process during any 30-day claims window. Even if you do, you agree that Recoup will still charge our commissions if a refund happens within a 30-day claim window.
3.1.2. When you create an Account, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.
3.1.3. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
3.1.4. 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. You may not use as a username any name that is offensive, vulgar, or obscene.
3.1.5. We reserve the right to refuse any person access to or use of the Service, terminate accounts, remove or edit content, or cancel claims for any reason, in our sole discretion, including, but not limited to, your breach of any term or condition of this Agreement or your failure to pay Commissions or Service Subscription Fees in accordance with this Agreement.
3.1.6. If you select “Full Service by Recoup,” the additional terms and conditions contained in Sections and 12 will also apply to you. If you select “Self Service,” the additional terms and conditions contained in Section 3.3 will apply to you.
3.1.7. We may transfer your Personal Information unencrypted and your Financial Information encrypted over various networks and modify your Personal Information and Financial Information to conform and adapt to technical requirements of connecting networks or devices.
3.1.8. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without prior express written permission from us.
3.1.9. If you wish to access any product or service made available through the Service, you may be asked to supply certain information relevant to your Service including, without limitation, your bank and credit card login, bank account number, credit card number, the expiration date of your credit card, your statement address, and your signature.
3.1.10. You represent and warrant that: (a) you have the legal right to use all credit cards, bank accounts, and other service-provider accounts you register with or connect to the Service and (b) the Personal Information and Financial Information you provide to us is true, correct, and complete.
3.1.12. We encrypt and remotely store your Institution account information. You are responsible for maintaining the confidentiality of your Account, including restricting access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately if you become aware of any breach of security or unauthorized use of your Account.
3.1.13. You understand and acknowledge that the Service allows us to monitor your financial transactions involving the Institutions you register with or connect to the Service, or with which you transact business, in order for the Service to identify Opportunities.
3.1.4. WE MAKE NO REPRESENTATION THAT YOU WILL RECEIVE A FEE REFUND OF ANY KIND FROM ANY OF YOUR INSTITUTIONS USING THE SERVICES. WE DO NOT GUARANTEE REFUNDS. REFUNDS VARY ON A CASE-BY-CASE BASIS AND ARE THE FINAL DECISION OF YOUR INSTITUTION.
3.1.5. You automatically agree to opt-in to notification, marketing, informational, transactional, and other such emails, text messages, and communications from Recoup. If you’d like to opt-out of marketing emails, simply click the unsubscribe link on the bottom of such communications.
3.2 Full Service by Recoup
3.2.1. If you select “Full Service by Recoup,” the additional terms and conditions contained in this Sections 3.2 and 12 apply to you. Once you select “Full Service by Recoup,” you cannot change your service level to “Self Service.”
Once you have selected “Full Service by Recoup,” you must select either to pay us:
a. Commissions; and or a claim filing fee “EZ-Claim” plus Commission
b. a Subscription Fee pursuant to a membership subscription when made available by Company.
3.2.3. If you select commission payment, you agree to pay us commission-only or filing fee (when required) plus commissions up to a 0%-50% commission for each refund received, including Covid-19 relief fee refunds given by your financial institution, within 30 days of Service filing a claim on your behalf (each, a “Commission”). You acknowledge that the amount of each Commission may vary. We will show you your Commission rate upon sign up it varies from 0%-50%. Once you sign up and agree to a Commission rate, you cannot retroactively change the Commission rate.
3.2.4. If you select a membership subscription, we will charge you and you will pay either (a) an annual subscription fee or (b) a monthly subscription fee or (c) a one-time lifetime Service fee (each, a “Service Subscription Fee”) at the time you select your subscription package (“Subscription Commencement Date”). All Service Subscription Fees are earned by us when paid and non-refundable.
3.2.5. You must provide Company with:
a. a valid credit card (Visa, MasterCard, or any other issuer accepted by us); and
b. a valid bank account in good standing with your Financial Institution.
3.2.6. Commissions will be charged by electronic bank-to-bank automated clearing house (“ACH”) transfer or debit or credit card, as soon as the same day your Institution issues refunds of fees submitted for reversal by us or the next business day that funds are available in your account to ACH or charge our Commissions. If you receive a refund to a credit card, debit card, or prepaid card, our Commissions will be charged to a debit card, credit card or deposit account linked to our Service. If we cannot charge that deposit account, you authorize us to charge, debit, or credit any account you have connected to the Services in order to reconcile your Commissions balance with us. You acknowledge and agree that you are responsible for all overdraft, transaction, and other fees you may incur as a result of our attempt to obtain payment from and/or ACH any of your connected accounts. Any accounts with failed ACH transactions may be charged a fee up to $34 per failed ACH attempt in addition to the original owed commission amount.
3.2.7. By providing us with your credit card number, debit card number, bank account, or other payment account number and associated payment information, you authorize us to immediately, and again at the beginning of any subsequent membership subscription period, invoice your Account for all fees and charges due and payable to us under this Agreement and that no additional notice to or consent from you is required to do so. You agree to immediately notify us of any change in your billing address or payment information.
3.2.8. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
3.2.9. If you select a membership subscription, on the first day after the first monthly or annual anniversary of your Subscription Commencement Date, and on the first day of each anniversary thereafter, your annual membership subscription will automatically renew (each, a “Renewal Commencement Date”) one year at our then-current Service Subscription Fee for annual membership subscriptions.
3.2.10. If you select a membership subscription, you agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription in accordance with Section 6. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
3.2.11. If you select a membership subscription, upon renewal of your membership subscription, if we do not receive payment from your Payment Provider, you agree (a) to pay all amounts due on your Account upon demand, and/or (b) that Recoup may either terminate or suspend your Account and your access to the Services and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your Account will be reactivated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
3.2.12. If you select a membership subscription, pay the Service Subscription Fee, and are not in breach of this Agreement, you will be entitled to 60-100% of any refund amount we recover for you through the Service.
3.2.13. You agree that if the Service identifies an Opportunity, the Service may automatically contact your Institution, including merchants, to attempt to obtain a refund, interest rate reduction, interest payment refund, discount, store credit, reward, or other compensation on your behalf without any permission from you.
3.2.14. We reserve the right to make any account or user Self Service at any time based on our sole discretion.
3.2.15. IF YOUR FINANCIAL INSTITUTION ACCOUNT IS NEGATIVE, HAS A LOW BALANCE, HAS BEEN NEGATIVE FOR DAYS, OR OTHERWISE DEEMED BY COMPANY TO BE AT RISK OF CHARGE OFF BY YOUR INSTITUTION, OR IF YOU HAVE ANY EXISTING CLAIMS WITH YOUR INSTITUTION AT THE TIME YOU REGISTER FOR THE SERVICE, YOU MAY AUTOMATICALLY BE GIVEN A “SELF-SERVICE” ACCOUNT OR DENIED SERVICE.
3.2.16. You give us permission to:
a. contact your Institutions, including merchants, on your behalf, as you, by any method we deem necessary or desirable. This may include through your connected email account and, when you authorize, sending and receiving emails through your email account, or the mail, as if you.
b. contact your Institutions multiple times regarding the same Opportunity and, in connection therewith, to transmit and share or use third-party providers to transmit and share your Financial Information, Personal Information, and all other information you provide or have provided to us, including, but not limited to, your hardships, time with the Institution, fee date, fee type, information about the fee, amount of the fee, date of birth, secret validation data, and your signature as if you.
3.2.17. We will communicate with you about the Service through our Site and email. Recoup is not affiliated with the financial institutions and related parties with which we may communicate on your behalf in connection with an Opportunity.
3.2.18. You authorize us to contest fees, contest interest payments, request discounts, store credits, rewards and perform other actions on your behalf with the Institutions you have connected to the Services. You authorize us to use the signature you provide to us, when required, and provide that signature to your Institutions in pursuit of an Opportunity. YOU HEREBY APPOINT US AS YOUR ATTORNEY-IN-FACT WITH FULL AUTHORITY TO ACT ON YOUR BEHALF, AS YOU, IN CONNECTION WITH COMMUNICATIONS WITH ANY FINANCIAL INSTITUTION OR MERCHANT IN ORDER TO PROVIDE THE SERVICE.
3.2.19. By using the Service, you understand that we make no representation that we will file a refund claim for any or all fees in connection with an Opportunity. We make no representation that we will file claims during any regular interval. The type and frequency of claims filing is at our sole discretion based on our experience and expertise with any number of variables including, but not limited to, your Institutions, your fee history, and past successful refund history.
3.2.20. By using this Service, you understand that your Institutions may contact you after the Service has filed a refund claim on your behalf. Your Institutions may contact you via telephone, email, mail, chatbot, or other communication method. You understand and agree that we have no control over your Institutions contacting you to discuss and or verify your claim. You understand and agree that your Institutions’ contacting you directly does not modify this Agreement or our right to receive any Commission from refunds obtained from Opportunities.
3.2.21. You acknowledge and agree that if your Institution, including merchants, contacts you after the Service has filed a refund claim on your behalf in connection with an Opportunity, but before issuing a refund, we are entitled to Commissions resulting from the initial claim filed on your behalf by the Service and Commissions on all other refunds issued therewith, WHETHER OR NOT RESULTING FROM THE INITIAL CLAIM FILED ON YOUR BEHALF BY THE SERVICE. These include reversed or pro-rated refunded interest charges and associated fees related to the refund of an Institution fee. For instance, if we submit a claim for a previously un-refunded fee, and you later contact your Institution or your Institution contacts you to discuss that fee prior to issuing a refund, you will still pay us a Commission on that subsequent refund. You acknowledge and agree that we are entitled to such Commissions even if the fee was refunded only after your communication with your Institution because we submitted the initial claim on your behalf pursuant to an Opportunity we identified on your behalf.
3.2.22. For each claim we file, we will have 30 business days to obtain a refund, reward, or rebate on your behalf for all fees we file and those newly incurred through the end of 30 days from our date of filing. If you preemptively contact your bank during this period, it does not entitle you to deny us our Commission.
3.3 Self Service
3.3.1 If you select “Self Service,” the additional terms and conditions contained in this Section 3.33.2 apply to you.
3.3.2 Once you have selected “Self Service,” there is no additional fee to use the Service and 0% commissions are due to Recoup for each refund obtained by you.
3.3.3 If you select “Self Service,” you are responsible for contacting your Institution and filing your own refund claims in connection with any Opportunity the Service identifies.
3.3.4 IF YOUR INSTITUTION ACCOUNT IS NEGATIVE, HAS LESS THAN A $35 BALANCE, HAS BEEN NEGATIVE FOR 10 DAYS, OR OTHERWISE DEEMED BY COMPANY TO BE AT RISK OF CHARGE OFF BY YOUR INSTITUTION, OR IF YOU HAVE ANY EXISTING CLAIMS WITH YOUR INSTITUTION AT THE TIME YOU REGISTER FOR THE SERVICE, YOU MAY AUTOMATICALLY BE GIVEN A “SELF-SERVICE” ACCOUNT OR DENIED SERVICE.
4.1 We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on our Site and other applications. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
4.2 We reserve the right to change or update information on our Site and other applications and to correct errors, inaccuracies, or omissions at any time without prior notice to you.
4.3 Users may direct Recoup to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Recoup works with one or more online service providers to access this Account Information. Recoup makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
Recoup is not responsible for the products and services offered by or on third-party sites.
Recoup cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Recoup cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
5.1 The Service may contain links to third-party websites and services that are not owned or controlled by us. You acknowledge and agree that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services, nor do we warrant the offerings of any such third parties, their websites, or their services.
5.2 You acknowledge and agree that neither we nor our affiliate shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Site or any such third-party websites or services. We strongly advise you to carefully read and understand the terms and conditions and privacy policies of any third-party websites or services that you visit.
6.1 We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, in our sole and absolute discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement or failure to make any payment due to us hereunder.
6.2 If you wish to terminate your Account, click the “Help” link on the Site and complete the form requesting to terminate your Account. All provisions of the Legal Agreements that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
6.3 If you decide to delink an account with our Service or terminate your Account entirely, you understand and agree that you will owe our Service all earned and unpaid Commissions not yet charged to your Account, and you authorize us to charge such Commissions to your Account until fully paid. Only once fully paid will your account be canceled with Recoup.
6.4 If you decide to delink an account with our Service or terminate your Account entirely after a claim is filed but before 30 days, you understand and agree that your service with Recoup will be canceled only once 30 days passes. This allows Recoup’s already filed claim to receive a possible refund result from your financial institution.
7.1 You agree to defend and indemnify us and our shareholders, directors, officers, employees, agents, representatives, and our affiliates and their respective employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (a) your use of and access to the Service, including, without limitation, if your Institution terminates your relationship with that Institution for any reason as a result of your filing a fee refund claim through the Service, (b) any other person’s use of and access to the Service through your Account and password, (c) your breach of the terms and conditions of this Agreement, or (d) any breach or loss of data from the Site or the Service caused by your negligent or willful act, failure or inability to comply with the terms and conditions of this Agreement.
7.2 DO NOT USE THE SERVICE IF YOUR INSTITUTION BALANCE HAS BEEN NEGATIVE FOR MORE THAN 10 DAYS, IF YOU HAVE FAILED TO MAKE REGULAR CREDIT CARD PAYMENTS OR ARE OTHERWISE IN DEFAULT.
7.3 Doing so may result in your Institution closing your account with that Institution and such being reported to credit agencies by your Institution.
7.4 Do not use the Service if you have overused overdraft fees at your Institution. Doing so may result in your Institution closing your account with that Institution and such being reported to credit agencies by your Institution.
7.5 The Service is intended only for users who have accounts in good standing with their Institution. You should not use the Service if you are persistently overdrawn or currently overdrawn and intend to use the Service to attempt to obtain a bank fee refund to bring your Institution account balance positive.
7.6 Recoup is not responsible for missed emails, missed promotional code deadlines, emails sent or received in error, information provided to customers in error by Recoup, disputes that arise between you and a third-party such as a bank, credit card, or merchant as a result of a communication sent by Recoup, the way a communication is constructed that differs from your preferences, or other such errors that result from you connecting your bank, credit card account, or email address to Recoup. Please reference emails sent by merchants for the authoritative communications including, but not limited to, information regarding promotional offers, receipts, shipping notices. You can freely search your inbox at any time to find all of your emails and should do so on a regular basis while you have an inbox connected to Recoup.
- LIMITATION OF LIABILITY
8.1 IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICE; (c) ANY CONTENT OBTAINED FROM THE SITE OR SERVICE; OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2 You acknowledge and agree that all right, title, and interest in your Personal Information, Financial Information, and any other information that you provide to us will remain our property. If you accessed our Site from a referring employer, company, website, or partner (each, a “Referrer”), you understand that such Referrer has no intellectual property rights or other claim to any information you provide to us.
8.3 You agree to hold harmless each Referrer or any other third-party that referred you, in the event of a Recoup data breach.
8.4 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE WITH RESPECT TO THE SERVICE, THE SITE, OR OUR OTHER APPLICATIONS. WE DO NOT WARRANT THAT (a) THE SERVICE WILL FUNCTION UNINTERRUPTED, BE SECURE, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY ERRORS OR DEFECTS IN THE SERVICE, THE SITE, OR OUR OTHER APPLICATIONS WILL BE CORRECTED; (c) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Dispute Resolution – Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Recoup CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND Recoup TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
You agree that, in the event any dispute or claim arises out of or relating to your use of the Site, you will contact us at https://www.recoup.com/contact-us and you and Recoup will attempt in good faith to negotiate a written resolution of the maker directly. You agree that if the maker remains unresolved for 30 days after notification (via certified mail or personal delivery), such maker will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the maker by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise
Binding Arbitration. You and Recoup agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Recoup both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Recoup in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Class Action Waiver. You and Recoup agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Recoup both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Recoup agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Georgia and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Recoup agree otherwise, the seat of the arbitration shall be in Atlanta, Georgia. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Recoup submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference if requested and agreed to by the parties.
Arbitrator’s Decision and Governing Law. The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.
- GOVERNING LAW, VENUE, MISCELLANEOUS
10.1 This Agreement is governed by and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
10.2 Any proceeding concerning this Agreement, their interpretation, or any dispute arising under or relating to this Agreement shall be resolved exclusively in the State or Federal Courts located in Fulton County, Georgia, and you hereby agree to the venue and personal jurisdiction of these courts and waive irrevocably any and all objections you may have, including that the location is inconvenient or that witnesses will or may be unavailable.
10.3 You acknowledge and agree that our failure to enforce any right or provision of this Agreement is not a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in effect.
10.4 This Agreement constitutes the entire agreement between you and us regarding the content hereof and supersedes and replaces any prior agreement between you and us regarding the content hereof.
11.1 We reserve the right, at our sole discretion, to modify or replace any of the Legal Agreements at any time. If a revision is material we will provide at least 30 days’ notice prior to such changes taking effect. What constitutes a material change will be determined at our sole discretion.
11.2 By continuing to access or use the Service after any changes become effective, you agree to be bound by such changes.
11.3 If you do not agree to any changes, you should immediately cancel your Account and cease using and accessing the Service.
- RECOUP REWARDS
12.1. Earning Rewards – Notice of Financial Incentives
To begin earning Recoup points and badges, you must download the App and follow the enrollment instructions, including by signing up using a valid email address, providing your legal name, date of birth, gender, annual income, valid profile photo, and other data so that Recoup can verify your identity. You must also link a valid qualifying bank, debit or credit card to your Recoup account in order to be eligible to earn Recoup points and badges. Some exclusions may apply and Recoup reserves the right to determine in its sole discretion whether a linked bank, debit or credit card qualifies to participate and earn Recoup points and badges. Only individuals who are residents of the United States (the “Territories”), who are at least 18 years old, and who provide valid and accurate personal information when enrolling are eligible to earn rewards. Corporations and other entities are not eligible. Individuals under the age of 18 are not eligible. Recoup points are not available to residents outside of the Territories.
By using Recoup’s Services, you will have the opportunity to earn Recoup points and badges based on actions that you may take or transactions that you may conduct as described in a particular offer (“Recoup Offer”) made by Recoup, by a Recoup merchant or by another third party via the Site or App. Recoup Offers and rewards may be subject to additional terms, conditions and restrictions that are set by us, a merchant or third party. Such terms, conditions and restrictions may be updated, modified, suspended, or cancelled at any time without notice to you. If there is a conflict between these Terms and the terms and conditions of any Recoup Offer, unless explicitly provided otherwise in these Terms, the Recoup Offer terms and conditions will control. Recoup Offers, points, badges, and rewards are not transferable. Recoup Offers may not be made available to all users.
Sometimes, merchants and promotional partners determine whether you have satisfied the conditions of the Recoup Offer. Recoup does not control the merchants and is bound by their decisions. If you disagree with any merchant’s decision, you may dispute that issue directly with the merchant but agree that we and our technology partners have no liability to you for such claim or with respect to any other dispute or interaction between you and the merchant.
Points and badges are earned as described in a Recoup Offer, or when made on an eligible purchase are based on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. When points and badges are earned on net dollars spent (up to two decimals) for points-eligible purchases, and are rounded down. No points or badges will be earned for any actions prior to both: February 3, 2021 and creating an account with Recoup and linking your applicable bank, credit or debit card to your Recoup account. Points and badges are not transferable. Different accounts cannot be combined, and no joint accounts are permitted. Rewards, user accounts, and benefits are non-transferrable. Purchases of gift cards do not qualify for rewards. Purchases of other categories of products and/or services may not qualify for rewards as determined by Recoup in its sole discretion and as required by law (and notwithstanding any inconsistent terms and conditions contained in a Recoup Offer). Point and badges amounts may vary by offer, partner, activity, action, merchant, store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.
Points and badges will only be issued for bona-fide completed actions and transactions as described in a Recoup Offer. Unless otherwise expressly stated in a Recoup Offer, each Recoup Offer is limited to one (1) per user/account. You may not set up multiple accounts for yourself, your family members and other affiliates, impersonate or use another person’s account, or use any manual or automated means (such as for example, a macro, script, ‘bot, use of a ‘click farm’, etc.), or engage in any other behavior or use of our products that is inconsistent with their normal and intended use, to circumvent these restrictions. If we or a merchant determine that you attempted to earn points using such methods or any other fraudulent or deceptive means, we reserve the right to cancel any and all of your points, terminate your user account, and/or report you to the authorities. We reserve the right to investigate any transaction or activity that we believe, in our sole discretion, is abusing or has abused any Recoup Offer, reward or other promotion that we or any third party may provide through us.
If your bank, debit, or credit card is delinked for any reason, including insufficient activity, you will retain any earned points but will not be presented with Recoup Offers during the period of delinking. You may have to pay a fee to relink an unlinked bank, debit, or credit card.
We do not warrant the accuracy of timeliness of the information displayed via the Site, App or the Services. Descriptions of Recoup Offers may include inaccuracies or typographical or other errors. You agree that neither we nor the merchant/partner(s) are responsible for such errors and that both we and the merchant reserve the right to correct them when they are discovered. We and our merchants/partners reserve the right to cancel all transactions affected by such errors, refund all amounts paid and cancel all points associated with such transactions, without any liability to you.
12.2. Qualifying Transactions
Recoup needs to protect the program for all users by ensuring that points are earned for legitimate consumer actions and transactions. Recoup users are only permitted to earn points with Recoup in connection with activity or spending activity for non-commercial, personal and household purposes (“Qualifying Transactions”). Recoup users are not permitted to earn points or badges in connection with spending for commercial purposes (e.g. in connection with a business). Recoup users may be limited to earning a certain number of points and badges per session, calendar day, calendar week (Sunday – Saturday) in connection with bank, debit, or card-linked offers selected upon onboarding. Recoup has no responsibility of presenting the same Recoup Offers, points or badge values to all users equally. Recoup Offers may be calculated and presented dynamically on a user by user basis.
If you are permitted to link a shared bank, credit or debit card account to your Recoup account (a “Shared Account”), only one of the Shared Account users will be permitted to earn points on each Recoup Offer, on a first-come-first-served basis. Recoup maintains the right to review the accrual of points and to determine, in Recoup’s absolute discretion, if certain transactions qualify for Recoup Offers. Certain spending including, but not limited to, repeat purchases, high-value purchases, purchases of gift cards, and purchases made for commercial, non-personal or non-household purposes, may not, at Recoup’s absolute discretion, be considered Qualifying Transactions and may be ineligible for Recoup points. Recoup may reverse point accruals that have already been processed if a transaction is deemed by Recoup, upon review, to not constitute a Qualifying Transaction. Recoup may also disable and, or, block accounts that engage in repeated non-Qualifying Transaction activity. Not all Qualifying Transactions may be eligible for points if we are unable to obtain certain transaction information from the payment card network associated with your Account Information.
Without limiting any of the other terms of this Agreement, if you return, charge back, cancel, dispute, or otherwise request a refund for a Qualifying Transaction for which you have already received points, we will reduce the balance of points in your account by the amount of points you received for such transaction. If the balance of points in your account is less than the amount of points you received for such transaction, we will offset the applicable number of points from the points you would otherwise receive for future qualifying actions. It is your responsibility to check your account regularly to ensure that points have been properly credited and that your account balance is accurate. Should you disagree with any adjustments made to your account, your sole remedy is to cease use of the Site, App and the Services.
12.3. Redemption of Recoup Points and Badges
Recoup points and badges are valid and redeemable via the App. Recoup points and badges have no cash, monetary or other value and cannot be converted into any currency. Recoup points and badges may be redeemed for various rewards that we make available, and that may change, from time to time. The representative value of Recoup points and badges will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges). The maximum amount of Recoup points and badges that can be redeemed for rewards in any calendar may be limited, on a user-by-user basis, at Recoup’s discretion.
You may use our App to redeem points and badges for the rewards that we make available. You may redeem points and badges in accordance with such terms and conditions and upon payment of such fees as we may determine at any time. You will be responsible for paying all taxes, fees, and any applicable shipping and handling charges or other fees. Recoup points and badges are not transferable and may not be combined with other promotions or other discounts. The number of points and badges recorded in your account and the number of points and badges required to obtain any particular reward are subject to verification by us. Once a reward has been requested or redeemed by a user, no changes, refunds or return of points are permitted for any reason. Recoup is not responsible for hacked, lost or stolen points, badges, or rewards. It is your responsibility to secure and protect your credentials, hardware and access to your software and apps. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward or rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason. If any Recoup points, badges, or rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the registered user of the applicable account, those points or rewards will be void and will not be honored.
You are responsible for all taxes applicable to any amounts payable to us. We will determine the applicable taxes on the basis of the province in which you reside, as shown in our records at time of payment.
You can check your Recoup points and badges balance by logging into your Recoup account on the App. A valid Recoup account is required to check your points balance. Recoup will attempt to credit accounts with points and badges on a timely basis. Recoup Offers may indicate that points and badges will be accrued immediately upon a Qualifying Purchase or, on the other hand, after additional requirements are satisfied (for example, after a purchased product refund period has expired or after purchased travel has been completed). Recoup points and badges will accrue as described in a Recoup Offer, and may take several days (sometimes up to 120 days) to be updated to your account upon such accrual. Any claim for points and badges not credited accurately must be received by Recoup within 30 days of the date on which the user claims the points or badges should have been accrued. Recoup will have no liability for any failure, delay, or error in crediting points to your account.
12.4. Expiration, Inactivity & Cancellation
Recoup is free to use, however, we do deduct points for various activities including inactive accounts, non-engagement with our app, and various other activities at Recoup’s discretion. An account is considered to be “inactive” if you do not open the Recoup app (while logged-in to Recoup), during a thirty (30) day period.
If your account is terminated or disabled for any reason, including but not limited, to using harassing, bullying, vulgar, or gibberish language in Recoup’s app, in merchant reviews, or to our customer service, multiple attempts at non-Qualifying Transactions or other fraudulent activity, then your existing Recoup points will be forfeited and any further transactions which might otherwise earn you Recoup points will not be deemed to be applicable.
You may cancel your account and participation in the rewards program by contacting Recoup at https://www.recoup.com/contact-us with such request. All earned and unredeemed points and badges will be forfeited immediately upon cancellation and may not be reinstated or transferred.
Recoup may cancel your accumulated points and badges, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and in Recoup’s sole discretion, including in instances where Recoup believes that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) failed to pay Recoup or its merchants/partners amounts due, (iii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iv) breached or violated any of these Terms of Service, or (v) engaged in any misconduct or wrongdoing in connection with the Site, App or Services. Nothing contained in these Terms of Service will limit Recoup in the exercise of any legal or equitable rights or remedies.
Recoup points and badges and other related benefits and services are the sole property of Recoup, and are not the property of the users. Points and badges have no cash value and Recoup will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused points. Whether you may re-enroll in the Services after a termination is at Recoup’s sole discretion. In any event, previously earned points that were forfeited will not be credited to you.
12.5. Modification and Termination of the Rewards Program and Benefits
Recoup may change or terminate the rewards program, associated points and badges or other rewards and benefits at any time, for any reason and without notice. Recoup may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming points, point redemption levels, rules for the use of points and badges, availability of points and badges, reward types, availability of Recoup Offers, and participation in the rewards program and program benefits.
Recoup may terminate the rewards program with two week’s advance notice to all active users. At Recoup’s sole discretion, Recoup may choose to substitute a similar rewards program at any time immediately upon notice to active users. A user may not accumulate or redeem points or any other benefits after the termination of the program. If the program is terminated, upon termination, all unredeemed points will be forfeited without any obligation or liability, and points or badge claims will no longer be honored. Recoup may terminate the program in whole or in part, in any jurisdiction, on less than two week’s notice if required to do so by applicable law, as determined by Recoup in its reasonable discretion.
All rewards program benefits, offers, rewards, and services are subject to availability and may be changed at any time without notice. By accepting rewards program benefits, offers, rewards, and services, including points or badges, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the benefits, offers, rewards, or services (including points and badges) under applicable laws, gift policies, and incentive policies. At any time and in Recoup’s sole discretion (including where a user was not eligible to earn certain points according to these Terms of Service), Recoup may correct the amount of points shown as credited to a user’s account.
12.6. Third-Party Links
Some parts of the Services are supported by sponsored links from advertisers and display Recoup Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information.
Recoup may, in connection with Recoup Offers and otherwise, provide links from the Site, the App and the Services to other web sites belonging to Recoup advertisers and other third parties. If you use these links, you may leave Recoup’s Site, App and Services. Recoup provides these links to you as a convenience, and we do not verify, make any representations or take responsibility for such third party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third party sites. Recoup does not endorse or guarantee the products or services available through the Recoup Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Recoup is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
YOU AGREE THAT RECOUP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
12.7 Sharing Review Information
If you give feedback about any transaction in the form of ratings, written, or video reviews, you agree that information will be shared with the Recoup community. This includes, but is not limited to, merchants, manufacturers, other Recoup users, the users of other social media channels.
12.8 Surfacing Transactions
If you connect an email or merchant account to Recoup, you agree that we may surface individual transactions and purchases within your feed for you to offer feedback. As a result, your feedback about any product or transaction in the form of ratings, written, or video reviews, you agree that information will be shared with the Recoup community. This includes, but is not limited to, merchants, manufacturers, other Recoup users, the users of other social media channels.
- RECOUP CASH (AVAILABLE TO ALL MEMBERS)
13.1 "Recoup Rewards & Commission Credits" are not payable as "Recoup Cash." These are two separate programs.
13.2 You may earn “Recoup Cash” for joining and referring friends who join Recoup’s Partners.
13.3 Cash amounts payable and lists of requirements for each opportunity will be clearly displayed on our website or mobile app.
13.4 Recoup Cash is paid to you no later than 60 days from accomplishing all requirements for each opportunity.
13.5 Recoup Cash is paid to you using the method listed in each opportunity or through your default Recoup Cashout account. Recoup cash is never paid to your existing bank account, P2P payment, or check unless otherwise stated.
13.6 We reserve the right to request and verify State or Governmental photo ID prior to dispersing Recoup Cash
13.7 We reserve the right to deny Recoup Cash to any member at any time if we believe inaccurate information has been provided to Recoup in an effort to fraudulently accumulate Recoup Cash balances or for any reason at our sole discretion
13.8 Recoup Cash is not payable when you invite a friend who joins a partner when that friend is already a Recoup Member.
13.9 Recoup Cash is payable only once your unpaid Recoup Cash balance exceeds $5.
13.10 Each Recoup Cash opportunity is only available once per Recoup Member, even if you have multiple Recoup accounts, aliases, different email addresses. Each Recoup member must have unique financial institutions linked to their Recoup account.
13.11 If this partner does not report to Recoup that you qualified for a bonus, but you believe you have, you will be required to provide evidence to Recoup. Recoup will then research with partner and report back within 5 business days of you providing required evidence.
13.12 NEITHER RECOUP NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. RECOUP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
- Allegations of Copyright and Trademark Infringements; Notification
Recoup respects the intellectual property rights of others and Recoup asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Recoup’s Designated Agent, whose contact information is as follows:
4279 Roswell Road
Atlanta, GA 30342
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Recoup may be shared with third parties, including the person who provided Recoup with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Recoup’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Recoup’s Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
- CONTACT US
If you have any questions about the Legal Agreements, you may contact us by clicking the “Help” link found in the footer. For privacy and security, Recoup does not provide telephone service. To report a bug, please visit https://www.recoup.com/report-a-bug