1. Acceptance of Terms
By accessing or using the LostChurn platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you must not use or access this service.
We may update these Terms of Service from time to time. Your continued use of the service after any changes constitutes acceptance of the revised terms.
2. Account Terms
You must be 18 years or older to use this service. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. LostChurn cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
One person or legal entity may not maintain more than one free account.
You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction.
3. Payment Terms
A valid payment method is required for paid accounts. The service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all applicable taxes, levies, or duties.
For any upgrade or downgrade in plan level, the new rate will be reflected on your next billing cycle.
4. Data Processing
LostChurn processes payment data on your behalf to facilitate failed payment recovery. We act as a data processor under applicable data protection regulations and will process data only as instructed by you.
We are SAQ-A compliant: full card numbers and sensitive authentication data are handled exclusively by your payment processor (e.g., Stripe, Braintree). LostChurn only receives and stores decline codes, transaction amounts, and card metadata (brand, last four digits, expiry).
Our sub-processors are listed in our Privacy Policy. A Data Processing Agreement (DPA) is also available.
You represent and warrant that you have a lawful basis to share your customers' data with LostChurn for the purpose of failed payment recovery.
5. AI-Generated Content
LostChurn uses AI (Google Gemini) to personalize dunning email and SMS content sent on your behalf. AI-generated content is based on templates you configure and contextual data such as decline codes, transaction amounts, and your brand tone settings.
You are responsible for reviewing and approving campaign templates before activation. LostChurn does not guarantee the accuracy, appropriateness, or effectiveness of AI-generated content.
You may disable AI personalization at any time through your campaign settings.
6. Acceptable Use
You agree not to misuse the LostChurn service. Specifically, you must not:
- Use the service for any illegal purpose or in violation of any laws in your jurisdiction
- Circumvent or attempt to circumvent payment processor rules or policies
- Use the service to harass, abuse, or send unsolicited communications to end customers
- Attempt to gain unauthorized access to the service or its related systems
- Resell, sublicense, or redistribute the service without prior written permission from LostChurn
- Scrape, data mine, or use automated tools to extract data from the service
- Interfere with the service's infrastructure or impose an unreasonable load on our systems
- Use the service to process payments for prohibited business categories as defined by your payment processor
7. Service Level Agreement (SLA)
LostChurn is committed to maintaining high availability for all paid plans. The following service level commitments apply to our production infrastructure.
Uptime Guarantee
LostChurn guarantees 99.95% monthly uptime for the core recovery platform, including webhook ingestion, retry orchestration, and the merchant dashboard. Uptime is calculated as total minutes in the calendar month minus downtime minutes, divided by total minutes in the month.
Scheduled Maintenance
Scheduled maintenance windows will be announced at least 72 hours in advance via email notification and an in-dashboard banner. Maintenance is typically performed during low-traffic periods (Sundays 02:00–06:00 UTC). Scheduled maintenance windows are excluded from uptime calculations.
Service Credits
If monthly uptime falls below the 99.95% SLA target, affected customers on paid plans are eligible for automatic service credits applied to the next billing cycle:
- 99.00%–99.95% uptime: 10% credit of that month's fees
- 95.00%–99.00% uptime: 25% credit of that month's fees
- Below 95.00% uptime: 50% credit of that month's fees
Service credits are applied automatically and do not require a support request. Credits are capped at 50% of the monthly subscription fee and are the sole and exclusive remedy for any failure to meet the SLA.
SLA Exclusions
The following events are excluded from uptime calculations and do not qualify for service credits:
- Scheduled maintenance windows announced at least 72 hours in advance
- Force majeure events including natural disasters, war, terrorism, pandemics, government actions, or widespread internet outages
- Outages caused by third-party services such as payment processor downtime (Stripe, Braintree, etc.), DNS provider failures, or upstream hosting issues
- Issues resulting from the merchant's own infrastructure, network connectivity, or misconfiguration
- Service degradation caused by the merchant exceeding documented API rate limits or acceptable use policies
8. API Usage
You may access your LostChurn account data via our API. Any use of the API, including use through a third-party product that accesses LostChurn, is bound by these Terms of Service.
Abuse or excessively frequent requests to the API may result in the temporary or permanent suspension of your account's access to the API. LostChurn will determine abuse or excessive usage at its sole discretion.
API rate limits are documented in our developer documentation and may change with notice.
9. Limitation of Liability
The service is provided on an "as is" and "as available" basis. You expressly understand and agree that LostChurn shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the service.
LostChurn does not warrant that the service will be uninterrupted, timely, secure, or error-free. We do not guarantee any specific recovery rate for failed payments.
In no event shall our aggregate liability exceed the greater of one hundred dollars ($100) or the amount you have paid LostChurn in the twelve (12) months preceding the claim.
10. Termination
Either party may terminate this agreement at any time. LostChurn may terminate or suspend your access immediately, without prior notice, if you violate these Terms of Service.
Upon termination, you will have 30 days to export your data. After the 30-day export period, LostChurn will delete your data within an additional 30 days.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to limitation of liability, governing law, and dispute resolution provisions.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.
Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time. For material changes, we will provide at least 30 days notice via email or dashboard notification before the new terms take effect.
Your continued use of the service after the revised terms become effective constitutes acceptance of the changes. If you disagree with the new terms, you must discontinue use of the service.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at legal@lostchurn.com.
LostChurn, LLC — Oregon, United States