Last Updated: 02/25/2025
These Terms & Conditions ("Terms") govern your access to and use of the products, services, websites, and applications (collectively, the "Services") provided by RespondWize, Inc. ("RespondWize," "we," "us," or "our"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.1 Binding Agreement. By accessing or using our Services, you agree to be bound by these Terms, as well as any additional guidelines, policies, or rules posted on our websites or communicated to you in connection with the Services.
1.2 Eligibility. You represent that you are at least the age of majority in your jurisdiction and are legally capable of entering into a binding contract.
1.3 Modifications. We reserve the right to revise or update these Terms at any time by posting an updated version on our website or otherwise notifying you. Your continued use of the Services after such updates constitutes acceptance of the revised Terms.
2.1 Services Overview. RespondWize provides AI-driven telephony solutions, integrations with third-party workflow systems (e.g., n8n), and other related features designed to facilitate automated voice calls, call summaries, contact form submissions, and data synchronization with external platforms such as CRMs (collectively, the "Services").
2.2 Third-Party Integrations. Our Services may integrate or interoperate with third-party platforms (e.g., Twilio, HubSpot, Airtable, other CRMs, etc.). By using such integrations, you acknowledge and agree to comply with any applicable third-party terms and conditions. RespondWize is not responsible for the availability, security, or performance of these third-party services.
3.1 Account Creation. You may be required to create an account and provide certain information (e.g., name, email address, billing details) to use our Services. You agree to provide accurate, current, and complete information.
3.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use or suspected breach of your account.
4.1 Acceptable Use. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You will not:
4.2 Telemarketing Compliance. If you use RespondWize's telephony features to contact individuals, you are solely responsible for ensuring compliance with all telemarketing, do-not-call, and data protection laws and regulations (e.g., TCPA in the U.S., GDPR in the EU, etc.).
4.3 AI & Automation Disclaimer. Our Services may use AI, machine learning, or automated decision-making. You acknowledge that the AI responses, call transcripts, or summaries generated by the Services may contain inaccuracies or may require human oversight. You are responsible for verifying the accuracy of any data before relying on it.
5.1 Ownership. You retain any intellectual property rights you hold in the content (including text, audio, or other media) you submit, post, or transmit through the Services ("User Content").
5.2 License to RespondWize. By submitting User Content, you grant RespondWize a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, modify, adapt, and display your content solely to the extent necessary to provide the Services.
5.3 Responsibility. You represent and warrant that you own or have the rights to use and share any content you submit to the Services, and that such content does not infringe the rights of any third party.
6.1 Privacy Policy. For details about how we collect, use, and protect personal data, please refer to our Privacy Policy, which is incorporated by reference into these Terms.
6.2 Data Processing. In providing the Services, we act as a processor or sub-processor of personal data on your behalf. You confirm that you have obtained all necessary consents and provided all required notices for the processing of personal data through the Services.
6.3 Security Measures. We maintain reasonable administrative, technical, and physical safeguards to protect personal data. However, no method of transmission or storage is 100% secure, and we do not guarantee absolute security.
7.1 RespondWize IP. We (and our licensors) retain all rights, title, and interest in and to the Services, including all software, technology, trademarks, and content (excluding your User Content). Nothing in these Terms grants you any right or license to our intellectual property except as explicitly stated.
7.2 Feedback. If you provide suggestions or feedback regarding the Services ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation or compensation to you.
8.1 Subscription Plans. If you purchase a subscription or pay for usage-based fees, you agree to the payment terms set forth at the time of purchase or in a separate agreement. You authorize RespondWize to charge your provided payment method for all applicable fees.
8.2 Late Payments. Overdue amounts may be subject to interest charges or suspension of services until full payment is received.
8.3 Taxes. You are responsible for any applicable taxes, duties, or fees imposed by governmental entities.
9.1 As-Is. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, RespondWize disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 No Guarantee. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume all risk for any damage that may result from your use of the Services.
10.1 Indirect Damages. To the fullest extent permitted by law, RespondWize shall not be liable for any indirect, special, incidental, punitive, or consequential damages (including loss of profits, data, or business opportunities), even if advised of the possibility of such damages.
10.2 Maximum Liability. In no event shall RespondWize's aggregate liability for all claims arising out of or related to these Terms exceed the total amount paid by you for the Services in the six (6) months preceding the event giving rise to the liability.
10.3 Essential Purpose. The limitations of liability in this Section are fundamental elements of the basis of the bargain and allocation of risk between you and RespondWize.
You agree to indemnify and hold RespondWize, its officers, directors, employees, and affiliates harmless from and against any claims, liabilities, damages, losses, or expenses (including attorneys' fees and costs) arising out of or related to:
12.1 Suspension or Termination by RespondWize. We may suspend or terminate your access to the Services if you violate these Terms or if we reasonably suspect you of fraudulent activity or misconduct.
12.2 Effect of Termination. Upon termination, your right to access or use the Services will immediately cease. Sections that by their nature should survive termination (e.g., intellectual property rights, disclaimers, limitations of liability, and indemnifications) shall survive.
13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which RespondWize is incorporated, without regard to its conflict of law provisions.
13.2 Dispute Resolution. Any dispute arising under these Terms shall be resolved through good-faith negotiations. If negotiations fail, the dispute shall be resolved in the state or federal courts located in [Jurisdiction], and you consent to the personal jurisdiction of such courts.
14.1 Entire Agreement. These Terms, together with our Privacy Policy and any separate agreement referencing these Terms, constitute the entire agreement between you and RespondWize regarding the Services.
14.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 No Waiver. The failure by RespondWize to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
14.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
14.5 Force Majeure. We are not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, strikes, war, acts of terrorism, government action, internet or telecommunication failures, or power outages.
14.6 Contact Us. If you have any questions about these Terms, you may contact us at:
RespondWize, Inc.
108 Regal Ridge, Aledo Texas
steve@respondwize.com