Retainly Subscription Membership Terms And Conditions
Last Updated: 04/16/2026
This Agreement is entered into between you (“User”) and Retainly, LLC (“Company”) and governs User’s access to and use of the Retainly contract and invoicing subscription platform (the “Platform” or “Membership”). This Agreement becomes effective upon User’s completion of the signup and checkout process for the Platform.
1. Scope of Membership
As part of the Membership, Company grants User a limited, non-exclusive, non-transferable right to access and use the Platform available at www.getretainly.com, solely for User’s internal business purposes and subject to the terms of this Agreement.
2. Membership Terms
Upon purchase of the Membership, Company will provide User with access to the Platform via email notification. User’s access to the Platform will continue for so long as User maintains an active subscription and timely pays the applicable Membership fee.
User is granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for managing User’s contracts and invoices. User shall not share its unique access credentials with any third-party, nor shall User permit third-party use of the Platform by any means. Company reserves the right to immediately suspend or terminate User’s access to the Platform upon reasonable suspicion of unauthorized use or credential sharing.
3. Membership Fee
User may either pay a monthly Membership fee, an annual Membership fee, or a lifetime Membership fee (if offered) to use the Platform. If choosing a monthly Membership fee, User shall pay the first month’s monthly Membership fee upon purchase to gain access to the Platform. If choosing an annual Membership fee, User shall pay the first year’s annual
Membership fee upon purchase to gain access to the Platform. If choosing a lifetime
Membership fee (if offered), User shall pay the lifetime Membership fee upon purchase to gain access to the Platform.
User understands and agrees that its Membership will automatically continue unless and until User cancels its Membership in accordance with the terms set forth in Section 5.
User understands and agrees that the online payment processor used by Company will securely keep User’s credit card information on file. User hereby authorizes Company to charge its credit card on file automatically for its monthly or annual Membership payments according to the terms set forth in this Agreement.
If any of User’s eligible payment methods on file with Company are declined for a monthly or annual payment, Company will immediately notify User and User shall be required to provide a new eligible payment method within five (5) business days or User will be immediately removed from the Membership and will lose access to the Platform.
If User does not cancel its monthly or annual Membership in accordance with the terms set forth in Section 5, User understands and agrees that its monthly or annual Membership will automatically continue, that User is required by law to complete the next monthly or annual Membership fee payment, and that User’s credit card on file shall be charged automatically. User authorizes Company (without notice, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method Company has on record for User’s account.
4. Trial Period & Billing
Company may, at its sole discretion, offer free or promotional trial periods of the Platform, which may vary in length, availability, and terms. During any applicable trial period, User will not be charged Membership fees unless otherwise stated.
Upon expiration of the trial period, User’s Membership will automatically convert to a paid subscription at the then-current rate, billed either monthly or annually, or as a one-time lifetime payment (if offered), as selected by User at checkout, and User will be billed accordingly unless canceled prior to the end of the trial period.
5. Term & Cancellation Policy
This Agreement shall last in perpetuity until either User terminates its monthly, annual, or lifetime (if offered) Membership subscription or Company terminates the Agreement.
If User selects monthly Membership billing, monthly Membership fees for that monthly cycle are non-refundable once billed. User must cancel its monthly Membership at least twenty-eight (28) days prior to the next scheduled monthly payment date to avoid being charged for the subsequent month. Cancellation in the middle of a monthly cycle will result in termination of access to the Platform at the end of the applicable billing period. If User cancels its monthly Membership in the middle of a monthly cycle, no prorated refunds will be given.
If User selects annual Membership billing, annual Membership fees for that annual cycle are non-refundable once billed. User must cancel its annual Membership at least twenty-eight (28) days prior to the next scheduled annual payment date to avoid being charged for the subsequent year. Cancellation in the middle of an annual cycle will result in termination of access to the Platform at the end of the applicable billing period. If User cancels its annual Membership in the middle of an annual cycle, no prorated refunds will be given.
Lifetime Membership fees (if offered) are entirely non-refundable once billed. Cancellation of a lifetime Membership (if offered) will not result in a refund of any monies paid. Cancellation of a
lifetime Membership (if offered) will result in termination of access to the Platform immediately, but no monies will be returned to User.
Company may terminate this Agreement in the event User breaches this Agreement or any of the Membership rules and terms. In the event of termination by Company, User will be immediately removed from the Membership, will lose access to the Platform, and will not be charged any subsequent payments.
If, after cancellation, User wishes to dispute whether a refund of any part of User’s subscription Membership fees should be given, User must submit documentation together with a written statement supporting their refund request to Company within fourteen (14) days of cancellation. Company will then respond to User in writing within fourteen (14) days of receipt of the materials with a determination regarding whether any refund will be given. Company reserves the right to deny a refund request and to defend the non-refundability of the subscription Membership fees.
6. Personal Information
By participating in the Membership, User will be asked to register with the Platform to receive access to the Platform and Membership materials. User shall select a username and password and may be asked to provide further personally identifiable information (“PII”). User agrees to allow Company access to this PII for all lawful purposes. User is responsible for the accuracy of the PII, maintaining the safety and security of the PII, and updating Company regarding any changes to the PII. Company shall keep User’s PII secure and confidential.
The billing information provided to Company by User will be kept secure and is subject to the same confidentiality and accuracy requirements as User’s PII indicated above. Providing false or inaccurate information, or using the Membership for fraud or unlawful activity, is grounds for immediate termination from the Membership.
7. User Contributions
Through User’s participation in the Membership, User may post materials, comments, or replies to comments (“User Contributions”) on Membership pages and materials. User grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all User Contributions.
8. Bonuses
Company may offer bonuses to incoming Users via marketing and advertising. User is entitled to any bonuses offered at the time. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and may vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions in its sole discretion.
9. Copyright & Intellectual Property
All Membership materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other works created by Company in relation to this Agreement are the exclusive and sole property of Company and are protected by United States Copyright Laws (U.S.C. Title 17). User hereby agrees that Company’s Membership and accompanying content is owned by Retainly, LLC, and is not to be used for purposes beyond User implementation. User is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. User shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found in the Membership. Violations of this federal law will be subject to its civil and criminal penalties.
10. Communication
Company is generally available to provide services during normal business hours: Monday – Friday, 9:00 am – 5:00 pm, Mountain Time (“MT”), excluding holidays and other pre-determined time off. Company WILL ONLY answer communication through its support email: support@getretainly.com. Company WILL NOT answer any emails or direct messages on social media from User. Company will respond to User’s communications via email within approximately 2-5 business days.
11. Confidentiality
User shall not (i) disclose to any third-party any details regarding the business of the Company, including, without limitation, its Membership materials, Membership downloads, Membership outlines, coaching methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its Membership and coaching strategies, any of Company’s trade secrets, or any other information pertaining to the Platform or the business of the Company (the “Confidential Information”); (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution, unless requested to do so by Company; or (iii) use Confidential Information other than solely for the benefit of the Company.
12. Assumption of Risk Using Online Platform
User agrees that its participation in the Membership is at its own risk. Company does not assume or accept responsibility for the security of User’s account or content. User agrees that its participation in the creation of an online account is at its own risk. In the event a breach of security has occurred, Company will notify User pursuant to all applicable laws and regulations.
13. Indemnification
User hereby agrees to indemnify and hold harmless Company and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses, and costs, including reasonable legal expenses and attorneys’ fees, as a result of any claim, demand, action, or other legal proceeding by any third-party, to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company.
14. Limitation of Liability
In no event shall Company be liable under this Agreement to User or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not User was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
15. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All Membership payments made by User up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to User’s account and must be used within twelve (12) months from the date of Notice of the Force Majeure Event
16. Venue & Jurisdiction
These Terms and Conditions of Use and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Montana, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Missoula County, Montana. You and Company assume responsibility for their own collection costs and legal fees incurred should enforcement of these Terms and Conditions of Use become necessary.
16. Inability of Company to Continue Platform Services
If Company permanently ceases operations, files for bankruptcy, or experiences a material failure of the Platform that renders the contract and invoicing services unavailable for a continuous period exceeding seventy-two (72) hours, Company shall provide notice to User and issue a
prorated refund for any prepaid, unused Membership fees. Upon issuance of such refund, User shall be relieved of any future payment obligations under this Agreement.
17. Professional Disclaimer
The Membership and additional services provided by Company according to this Agreement are for informational purposes only. User acknowledges and agrees that any information posted on the Platform, in the Membership, in the Membership materials, or on the Facebook group is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and User.
18. No Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided. User agrees to take responsibility for User’s own results.
19. Spam Policy
User is strictly prohibited from using the Platform, the Membership, and the Membership materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Membership users and distributing such information to third-parties or sending any mass commercial emails.
20. Warranty Disclaimer
User agrees that its participation in the Membership and use of the Membership program is at its sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Company makes no warranties that the Membership will meet User’s needs or that the Membership will be uninterrupted, error-free, or secure.
21. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from User and remitted by Company. All sales tax will be included on invoices and/or the checkout process through Company’s online payment platform.
22. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
23. Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Missoula County, Montana. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
24. Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Missoula County, Montana, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
25. Transfer
This Agreement cannot be transferred or assigned to any third-party by either Company or User without written consent of all Parties.
26. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
27. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
28. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent.
User Signature
By signing up for the Membership and upon completion of purchase, User confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.
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