Last Updated: March 14, 2025
Welcome to RespondWize! These Terms of Use (the "Terms") govern your access and use of our website(s), services, mobile applications, tools, and features (collectively, the "Services") offered by RespondWize, Inc. and its affiliates ("RespondWize," "we," "us," or "our").
Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and RespondWize concerning your access to and use of the Services.
By accessing or using the Services, you represent and warrant that you are at least the age of majority in your jurisdiction (typically 18 years old) and that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Certain parts of the Services may be subject to separate guidelines, rules, or additional terms ("Supplemental Terms") which will be posted on the Services in connection with such features or activities. These Supplemental Terms are incorporated into these Terms by reference.
Your use of the Services must also comply with our Acceptable Use Policy and, if applicable, our Biometric Data Disclosure & Policy and Data Processing Addendum (DPA), all of which are hereby incorporated into these Terms.
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information when you use our Services. By using our Services, you acknowledge that you have read and understand our Privacy Policy.
We reserve the right to update or modify these Terms at any time at our discretion. If we do so, we will notify you by updating the "Effective Date" at the top of these Terms and, in some cases, provide you with additional notice (e.g., a notice on our homepage or via email).
Your continued use of the Services after any modifications or revisions to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.
Subject to your compliance with these Terms, RespondWize grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. You may not sublicense, transfer, sell, or otherwise distribute the Services to any third party.
You agree not to:
In order to access or use certain features of the Services, you may be required to create an account and provide certain information about yourself (e.g., name, contact details). You agree to provide accurate and complete information and to keep your account credentials secure.
We may terminate or suspend your access to the Services or your account if we believe, in our sole discretion, that you have violated these Terms or for any other lawful reason, with or without notice.
The Services may allow you to create, submit, post, upload, transmit, or store content ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Services.
By submitting User Content to the Services, you grant RespondWize a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, store, reproduce, modify, create derivative works of, distribute, publicly display, and publicly perform your User Content for the purposes of providing, operating, and improving our Services.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction.
Any dispute arising under these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. You acknowledge and agree that you are waiving the right to a trial by jury.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. RESPONDWIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESPONDWIZE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF RESPONDWIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, RESPONDWIZE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID US FOR THE SERVICES IN THE LAST TWELVE MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless RespondWize, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, if you breach these Terms or for any other lawful reason at our sole discretion. You may also stop using the Services at any time. Upon termination, sections that by their nature should survive will continue to apply (e.g., ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution terms).
These Terms (and any Supplemental Terms) constitute the entire agreement between you and RespondWize concerning your use of the Services, and supersede all prior agreements on this subject (except where a Master Services Agreement governs enterprise use).
If any provision of these Terms is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign or transfer these Terms without restriction.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, pandemic, acts of civil or military authorities, fire, floods, accidents, or shortages of transportation facilities.
We may provide notices to you by email, regular mail, or by posting them on the Services. You may provide notices to us via email to support@respondwize.com, unless otherwise specified.
If you have any questions or concerns regarding these Terms, please contact us at:
RespondWize, Inc.
108 Regal Ridge
Aledo, TX 76008
Email: support@respondwize.com
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, OUR ACCEPTABLE USE POLICY, OUR BIOMETRIC DATA DISCLOSURE & POLICY, AND OUR DATA PROCESSING ADDENDUM (DPA) (IF APPLICABLE).