Last updated: January 20, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.recoup.ai/ website (the “Site” or "Service") operated by Riddlic, Inc. d/b/a Recoup ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
SECTION 1. ONLINE ACCESS
By accessing or using the “Service” you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. By accessing our Site, social media sites, blogs, chat applications and/ or connecting your bank account, email account, amazon account, or other personal accounts, you engage in our “Service” and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available on the Site by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, partners, vendors, customers, affiliates, and/ or contributors of content. Our connection to your financial accounts is made possible by www.Plaid.com. They provide us with the online platform that allows us to access your financial information with your permission.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Service.
SECTION 2. GENERAL
We reserve the right to refuse access to or use of the Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Financial information is always encrypted during transfer over networks. 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 express written permission by us.
SECTION 3. SITE INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site and these Terms of Service.
SECTION 4. SERVICES
SECTION 4A. FOR FULL SERVICE BY RECOUP MEMBERS ONLY
If we identify an Opportunity, then the Service automatically contacts the Institution on your behalf, without any additional permission required from you, to attempt to obtain a refund, interest rate reduction, or other compensation.
We may use any method to contact the institution on your behalf. We may contact your institution multiple times regarding the same Opportunity. Doing so will involve transmitting and sharing information including, but not limited to, your hardships, your name, address, last four digits of your account, time with the bank, fee date, fee type, information about the fee, amount of the fee, and your signature when provided by you. We may also use third-party providers to communicate such information to your institution. We communicate with you about the Service through our Site and email. Recoup is not affiliated with the financial institutions and related parties (“Institutions”) with which we may communicate on your behalf in connection with an Opportunity. Financial Institutions' privacy and operational policies may vary widely. We make no representations as to whether a specific Institution will provide a refund to you or renegotiate the terms of a specific transaction.
Our Service is free to access. You can pay for successful refunds by commissions on successful refunds or through limited-availability subscription memberships. If you elect to pay commission-only, there is no fee to use our service and up to 25% commissions charged on refunds that occur as a result of our claim. Often times, banks will refund different or additional fees as a result of our claim. Therefore, we are entitled to charge a commission on all refunds that are given as a result of our claim, even if individual fees were not included in our claim. This includes reversed or pro-rated refunded interest charges and associated fees related to the refund of a bank fee.
This commission amount may vary and you will be clearly shown your commission rate upon sign up. Once you sign up and agree to a commission rate, you cannot retroactively change the commission rate or program under which you are charged through limited promotional offers or programs. Commissions will be charged, via 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 commission. We further reserve the right to charge your commissions at a time decided by us and until we recover our earned commission. If you receive a refund to a credit card, debit card, or prepaid card, your commissions will be charged to a deposit account linked to our Service. If we cannot charge that deposit account, you authorize us to charge, debit, or credit any linked account in order to reconcile your commission balance with Recoup.
If you decide to delink an account with our Service, or cancel our Service all together, you understand and agree that you still owe our Service for any earned and unpaid commissions not yet charged and authorize us to charge such commissions until fully paid as per this Agreement for an additional 60 days after the date of delinking or cancellation. To cancel, just click the “Help” link and complete the form requesting to cancel your account.
If you elect to pay via subscription memberships, you must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or bank account to ACH as a condition to signing up for the Services. Your applicable Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account (defined below) for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on our Service or by e-mail delivery to you. You may choose between two subscription options for our Service: (1) pay an annual subscription fee, or (2) pay one lifetime fee.
Lifetime memberships are only available as a Service as long as we are an ongoing concern. Should we cease business operations, for any reason, while we have no obligation to do so, we will make every effort to refund a portion of your subscription fee.
If you elect to pay us an annual subscription fee, you will be responsible for payment of then applicable fee for the Service (“Service Subscription Fee”) at the time you select your subscription package (“Subscription Commencement Date”). You are entitled to 100% of any recovery amount we recover for you by resolving your Issue. All Service Subscription Fees for the Service are non- refundable.
Your subscription will continue indefinitely until terminated in accordance with the Terms. Upon the first anniversary of your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription by emailing us. 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. By subscribing, you authorize us to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Recoup may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
In order for you to use the Service, you must create an account by registering on the Site (your “Account”) and specify one or more Institutions, with at least one depository account, with which you wish to use the Service. You must provide us with your account credentials for each such Institution. We will 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.
By using the Service, you agree that you authorize us to contest fees, request discounts, and perform other actions on your behalf with the Institutions you have connected to Recoup. You authorize us to use the signature you provide to us, when required, and provide that signature to your financial institution, in pursuit of refunds or similar compensation for you. You hereby appoint us as your attorney-in-fact with full authority to act on your behalf in connection with communications with any Institution in order to provide the Service.
By using the Service, you understand that we make no representation that we will file a refund claim for any or all fees. 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 bank, your fee history, and past successful refund history.
By using this Service, you understand that your bank may contact you after the Service has filed a refund claim on your behalf. Your bank may contact you via telephone, email, mail, chatbot, or other communication method. You understand and agree that we have no control over your bank contacting you to discuss and or verify your claim. You understand and agree that your bank contacting you directly does not modify this agreement or our claim to commissions from refunds based on our claim to your bank. If your bank contacts you after the Service has filed a refund claim on your behalf, but before issuing a refund, our Service is still entitled to commissions resulting from our initial claim.
By using this Service, you understand and agree that we have a right to be paid commissions on any refunds that occur as a result of our claim. This includes reversed or pro-rated refunded interest charges and associated fees related to the refund of a bank fee. For instance, if we submit a claim for a previously un-refunded fee, and you later contact your bank or your bank contacts you to discuss that fee prior to issuing a refund, Recoup is still owed a commission on that subsequent refund. We are owed this commission, even if the fee was refunded only after your communication with your bank, because we submitted the claim. We have no way to prove or disprove if you subsequently communicated with your bank and will always assume our claim played the key role in initiating the refund. For each claim we file, we have 30 days to get a refund. If you preemptively contact your bank during this period, it does not entitled you to deny us our commission.
Once you become a Full Service by Recoup Member, you cannot change to Self Service.
SECTION 4B. FOR SELF SERVICE MEMBERS ONLY
You are welcome to use the information we provide to you in order to contact your bank and file your own refund claims. This service doesn’t have a cost and you keep 100% of refunded bank fees.
SECTION 5. ERRORS
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 other web sites. 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.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 6. ACCOUNTS
When you create an Account with us, 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 on the Service.
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.
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.
We reserve the right to refuse access to or use of the Service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
SECTION 7. LINKS
Our Service may contain links to third party web sites or services that are not owned or controlled by Riddlic, Inc. d/b/a Recoup or Affiliate. Riddlic, Inc. d/b/a Recoup and Affiliate have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services, nor do they warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that neither Riddlic, Inc. d/b/a Recoup nor 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 web sites or services. We strongly advise you to carefully read and understand the terms and conditions and privacy policies of any third party web sites or services that you visit.
SECTION 8. TERMINATION
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SECTION 9. INDEMNIFICATION
You agree to defend, indemnify and hold Riddlic, Inc. d/b/a Recoup and its licensee and licensors, Affiliate, 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 attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and password, b) your breach of these Terms, and/or c) 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 these Terms and any terms and conditions applicable to the use of the Site and/or the Service.
For instance, your bank or credit card may terminate your relationship as a result of your filing a fee refund claim through our Service. If they do so, you agree to hold us and our Affiliate harmless.
Do not use Recoup if your bank balance has been negative for more than 14 days, if you have failed to make regular credit card payments, or are otherwise in default with your financial institution. Doing so may result in your financial institution closing your account. Recoup is not intended for people who are persistently or currently overdrawn and hoping a fee refund will bring their account current. Financial Institutions close accounts, with or without filing a bank fee refund claim by yourself or through Recoup, when account balances are negative for anywhere from 14-90 days. Do not use Recoup if you feel you have overused overdraft fees at your bank. Doing so may result in you bringing this to your bank’s attention sooner than otherwise — resulting in your bank closing your account. Recoup is intended only for people who have current accounts in good standing with their financial institution seeking to get some fees refunded as a courtesy.
SECTION 10. LIMITATION OF LIABILITY
In no event shall Riddlic, Inc. d/b/a Recoup, nor its Affiliate, or their respective directors, 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 (i) your access to or use of or inability to access or use the Site or Service; (ii) any conduct or content of any third party on the Site or Service; (iii) any content obtained from the Site or Service; and (iv) 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.
By accessing the Site and Service, you understand that all right, title, and interest in your personal and banking data will remain our property. If you accessed our Site from a referring company, website, or partner (“Affiliate”), you understand that Affiliate has no intellectual property rights or other claim to data you provide to us.
By accessing our services, you agree to hold referrer, your employer that referred you, and any third-party that referred you, harmless in the event of a Recoup data breach.
SECTION 11. DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without 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.
Riddlic, Inc. d/b/a Recoup, Affiliate, and their respective subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
SECTION 12. EXCLUSIONS
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.
SECTION 13. GOVERNING LAW, VENUE, MISCELLANEOUS
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions. Any proceeding concerning these Terms, their interpretation, or any dispute arising under or relating to these Terms shall be resolved exclusively in the State or Federal Courts located in Atlanta, 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. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
SECTION 14. CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
SECTION 15. RECOUP REWARDS (FOR FULL SERVICE BY RECOUP MEMBERS ONLY)
You can earn more Recoup Rewards by inviting friends to Recoup.
1. You earn Recoup Rewards for each referred friend that has at least 1 refund claim filed with a bank, credit card, or brokerage account.
2. Your opportunity for you and your referral to earn $10 in Recoup Rewards will start the first day you sign up until the 7th day.
3. After that, you and referred friends will each receive $5 in Recoup Rewards.
4. Your referred friends each get Recoup Rewards of $5 or $10 depending on when you refer them.
5. Recoup Rewards are paid out when a refund commission is charged to your account. Instead of charging your bank or credit card on file, the balance from your Recoup Rewards will be first deducted. Any remaining balance will then be charged to your bank or credit card in file.
6. Recoup Rewards are not redeemable on any other site at this time, in the form of a deposit to your bank or credit card accounts, or in United States legal tender.
7. Invite friends by logging in to your Recoup app and sharing your unique URL.
8. The unique URL you share must be the same unique URL that your friend signs up for Recoup to be eligible.
9. The invited friend cannot be an existing or previous Recoup member nor can they have been invited by someone else in the past.
SECTION 16. CONTACT US
If you have any questions about these Terms, please contact us at the “Contact Us” or “Help” links found in the header and footer of our website landing page.