Terms of Service

Agreement to these terms

These Terms of Service (the "Terms") are an agreement between you and Recurra (operated by Lindenview Partners LLC) ("Recurra", "we", "us"). They apply when you visit recurra.ai, use Recurra Agents (agents.recurra.ai), use Recurra Practice (practice.recurra.ai) or its browser extension, talk with one of our AI agents, or give us your details on a form (together, the "Services").

By accessing or using the Services you agree to these Terms and to our Privacy Policy. If you use the Services for a company or other organization, you agree for it and confirm you can bind it; "you" then means that organization too. If you do not agree, do not use the Services.

If you and Recurra have signed an order form or other written agreement for a Service, that agreement governs where it differs from these Terms.

The Services

Recurra Agents

A managed service for businesses ("Clients"). We set up and run AI sales agents that work a Client's leads on the Client's behalf: they call, text and email the Client's leads, answer the Client's phone line and website, talk with visitors in the browser, and book meetings onto the Client's calendar. Clients follow the work in a client portal at agents.recurra.ai.

Recurra Practice

AI sales training for sales reps and teams. Practice lets you role-play sales calls with AI prospects, upload and analyze your own sales calls, receive AI-generated coaching and feedback, track your progress, and, with the optional browser extension, turn a prospect's web page into a practice call.

The website

recurra.ai describes our products and lets you talk with one of our AI agents in your browser, ask for a call, request a demo or email yourself a price quote. Those conversations, calls and messages are covered by Calls, Texts and AI below.

Accounts

You are responsible for:

• Giving accurate information when you sign up, and keeping it up to date
• Maintaining the security of your account credentials, and everything done with your account
• Not sharing your account with unauthorized users
• Telling us promptly at team@recurra.ai if you think your account has been used without permission

You must be at least 18 years old, and able to form a binding contract, to create an account. If your organization gives you access (for example a Practice team or a Client's portal), the organization's administrators may manage your access and see your activity in that workspace, as described in our Privacy Policy.

Recurra Agents: what Clients are responsible for

Our agents contact people on a Client's behalf and in the Client's name. The Client decides whom the agents contact and about what, and the Client remains responsible for that outreach. A Client:

• Has, and keeps records of, every consent and other legal basis required to call, text, email or record each lead it gives us, including written consent for calls and texts that use automated technology or an AI or prerecorded voice where the law requires it (for example the Telephone Consumer Protection Act)
• Tells us about every opt-out, do-not-call request and do-not-contact list it holds, and keeps its own do-not-call lists current
• Owns its text messaging registration (A2P 10DLC brand and campaign), its sending numbers and the consent language on its own forms, and gives us accurate information for them
• Has its own privacy policy and terms that cover the outreach, recording and AI use we carry out for it
• Approves its agent's offer, messages and materials, and gives us accurate information about its products, prices and availability
• Complies with laws on telemarketing, recording, privacy and marketing that apply to its business and its leads

We run the agents within the Client's instructions. Our agents honor opt-outs and do-not-call requests, and text only people who opted in or asked to be texted on that number. Calls follow the calling-hour rules that apply to the person called, except a call the person expressly asked to receive right away (for example by submitting a form asking to be called now). These safeguards do not replace the Client's own obligations. We may pause or decline outreach we believe is unlawful, lacks consent, or puts people, carriers or our phone numbers at risk.

Our Data Processing Addendum is part of these Terms for every Client. It governs the personal information we process on the Client's behalf.

Recurra Practice: your recordings and content

If you upload or connect calls, recordings or other content to Practice, you are responsible for:

• Ensuring you have the right to upload and analyze any call recordings
• Complying with all applicable recording consent laws, including laws that require every party to a call to agree to its recording
• Any personal information about other people (for example your prospects) that you upload, capture with the browser extension or put into a practice scenario

Practice scenarios, AI prospects and feedback are for training. They are not advice about any real customer, and AI-generated scores and coaching may be wrong.

Acceptable use

You agree to use the Services only for lawful purposes. You will not, and will not let anyone else:

• Use the Services to contact anyone without the consent the law requires, or anyone who has asked not to be contacted
• Use the Services to harass, deceive or threaten anyone, or to impersonate a person or business
• Upload content you do not have the right to share, or that is unlawful, infringing or harmful
• Probe, overload or break the Services, get around their limits or security, or access them by automated means we have not allowed
• Copy, resell or reverse engineer the Services, or use them to build a competing product
• Start live calls or conversations with our agents in bulk, or for any purpose other than genuinely evaluating or using the Services

Calls, Texts and AI

By submitting your information to Recurra or to a business that uses Recurra, or by signing up for or using our service, you agree to these Terms. This includes agreeing that Recurra (operated by Lindenview Partners LLC) may call you at the number you provide, including right away, using automated technology, an AI assistant and AI-generated voice, and that calls may be recorded and transcribed. Text messages are sent only if you opt in separately (see SMS Terms). Consent is not a condition of purchase. You can ask us not to call you at any time.

Our agents are AI. If you ask, the agent tells you so and which business it is calling for. When an agent calls, texts or emails you for a business that uses Recurra Agents, it does so in that business's name and with the consent that business collected; that business's terms and privacy policy apply, and you can ask either that business or us to stop. Conversations with our agents, including in your browser on recurra.ai, may be recorded and transcribed as described in our Privacy Policy.

Calls follow the calling-hour rules that apply to the person called, except a call the person expressly asked to receive right away (for example by submitting a form asking to be called now). To stop calls, tell the agent on the call, or email team@recurra.ai. We stop right away.

SMS Terms

Texts from businesses that use Recurra Agents. A business that uses Recurra Agents texts its own leads in its own name, from its own number, under its own text messaging registration and the consent it collected on its own forms, and its own terms apply. Its agent texts only people who opted in or asked to be texted on that number, never as a cold text. Reply STOP to any of its messages to opt out of that business's texts, or HELP for help.

AI-generated content

The Services use AI models to hold conversations, write messages, transcribe, summarize, score and give feedback. AI output can be inaccurate or incomplete. Clients approve what their agents may say and offer; agents do not give legal, tax, financial or medical advice. Check AI-generated summaries, scores and feedback before you rely on them.

Subscription and billing

Recurra Practice

• Paid plans are subscriptions that renew automatically unless cancelled
• Billing occurs monthly or annually based on your selected plan; payments are processed by our payment processor
• You may cancel your subscription at any time; it stays active until the end of the period you have paid for

Recurra Agents

Fees, the plan, the billing period and the term are those in the Client's order or plan as agreed with us.

Fees are non-refundable

All fees are non-refundable, including for a partly used period, except where the law requires otherwise. We reserve the right to change pricing with 30 days notice. Fees do not include taxes, which you pay where they apply.

Your content and data

You retain ownership of the content you give us: recordings, uploads, lead lists, scripts, materials and the like ("Your Content"). You grant us a license to host, process, analyze and transmit Your Content to provide, maintain, secure and support the Services, as described in our Privacy Policy. We do not sell Your Content.

We don't train on customer data. Recurra does not use Client data, Your Content, or the conversations our agents have with a Client's leads to train AI models.

For Recurra Agents, we process the personal information of a Client's leads on the Client's behalf and under its instructions, as set out in our Data Processing Addendum.

Confidentiality

Each party may receive the other's non-public business information, such as product plans, pricing, customer lists, configurations and Your Content ("Confidential Information"). The receiving party will protect it with at least reasonable care, use it only to provide or use the Services, and share it only with its personnel and service providers who need it and are bound to protect it.

This does not apply to information that is or becomes public through no fault of the receiving party, that it already knew, that it developed independently, or that it rightfully received from someone else without a duty of confidentiality. A party may disclose Confidential Information when the law requires it, after giving the other party notice where the law allows.

Publicity

We may use a Client's or business customer's name and logo to identify it as a Recurra customer, for example on our website and in customer lists. You can ask us to stop at any time by emailing team@recurra.ai.

Third-party services

You can connect the Services to other services, such as your calendar, mailbox, CRM or video meetings. When you do, you allow us to access and use those accounts as needed to provide what you asked for, and the other service's own terms and privacy policy apply to it. We are not responsible for services we do not operate.

Intellectual property

The Recurra Services, our agents, our software and our original content are our intellectual property and are protected by copyright, trademark, and other laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Services while you are allowed to; they transfer no ownership. If you send us feedback or ideas, we may use them without obligation to you.

Disclaimers

Recurra is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not promise any number of meetings, sales or results, or that the Services will be uninterrupted or error-free.

Limitation of liability

To the fullest extent the law allows, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue or data, resulting from your use of the Services.

To the fullest extent the law allows, our total liability for any claim relating to the Services is limited to the amount you paid us for the Services in the 12 months before the claim arose, or 100 US dollars if you paid nothing.

Indemnity

You will defend and indemnify Recurra against claims by third parties arising from Your Content, your breach of these Terms, or, for a Client, outreach to its leads that lacked the consent or legal basis the Client was responsible for.

Termination

You may stop using the Services and close your account at any time. We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Sections that by their nature should survive (for example ownership, confidentiality, disclaimers, limitation of liability, indemnity and disputes) survive termination.

Governing law

These Terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules.

Disputes and arbitration

Informal negotiation first. Before starting arbitration or a court case, a party must send the other written notice of the dispute (to us at team@recurra.ai), and the parties will try in good faith to resolve it informally for 30 days after the notice.

Binding arbitration. If the dispute is not resolved within those 30 days, it will be resolved by binding arbitration administered by the American Arbitration Association (AAA): under its Commercial Arbitration Rules if you use the Services for a business, and under its Consumer Arbitration Rules if you are an individual using them for personal purposes. The arbitration takes place in San Francisco County, California, unless the parties agree otherwise or the AAA's rules allow a remote hearing. The arbitrator's decision is final, and judgment on it may be entered in any court with jurisdiction.

Class action waiver. Each party may bring claims against the other only individually, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims or preside over a representative proceeding.

Exceptions. Either party may bring an individual claim in small claims court, and either party may ask a court for an injunction or other equitable relief to protect its intellectual property or Confidential Information.

Courts. Any dispute that is not arbitrated will be heard only in the state and federal courts in San Francisco County, California, and both parties consent to their jurisdiction.

Notices

Send all notices to Recurra, including legal notices and privacy requests, to team@recurra.ai. We send notices to the email address on your account or through the Services.

Changes to these terms

We may update these Terms from time to time. We will notify users of any material changes via email or through the Services, and change the "Last updated" date above. Your continued use of the Services after such changes constitutes acceptance of the new Terms.

Contact

If you have any questions about these Terms of Service, please contact us at team@recurra.ai.