Through this site and many of our services, Roboresponse.com offers businesses, organizations and individuals access to a diverse collection of resources related to automated response as hosted services, software and tools; consulting advice; services and automated response related support materials; training content, such as blogs, webinars, videos, templates, guides, books, social media content, user-generated content, personalized content, industry surveys, and user-feedback polls; and including, without limitation, application program interfaces ("APIs"). We refer to these resources collectively as "Services" throughout this Agreement.
You may access certain portions of the Roboresponse.com Sites or Services with a free account as a trial user ("User",) whereas any person who pays for any portion of the Sites or Services shall be referred to herein as either a "Subscriber" or "Customer" throughout this Agreement. If You are using Roboresponse.com Sites or Services on behalf of a company or other entity, then "Customer" or "Subscriber" means that entity, and You are also binding that entity to this Agreement. You also represent and warrant that You have the legal power and authority to enter into this Agreement and that, if the Subscriber or Customer is an entity, this Agreement is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.
This Agreement was last updated on September 1, 2016. It is effective between You and Us as of the date of Your acceptance of this Agreement.
1. Free Trial
If You register on Our website (www.Roboresponse.com) for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s), or (b) the start date of any purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
Any data You enter into the services during Your free trial will be permanently lost after 3 weeks of free trial period expiry unless You purchase a subscription to the same services as those covered by the trial or purchase applicable upgraded services, before the end of the trial period.
During the free trial the services are provided as-is without any warranty.
You agree to the pricing and payment terms presented to You at the time You sign up for any of our Services on the Sites, as a subscriber.
You are solely responsible for canceling Your account and taking action to cancel Your account prior to renewal if You do not want Your free trial or subscription to auto-renew. Depending on the renewal term You chose during the sign up process, subscriptions can recur every 30 days or annually.
We will automatically begin billing You for subscription fees corresponding to Your subscription plan at the end of Your free trial period, unless You manually cancel prior to the end of Your free trial. To view Your subscription plan details, You can check the Manage Plan tab after logging into the service.
Unless and until You cancel, Your Subscription will be renewed automatically at the end of Your subscription term. In order to avoid billing for the next periods subscription fees, You must cancel Your subscription before it renews.
It is Your responsibility to maintain a valid and updated credit card associated with Your account and to ensure that You are authorized to use said credit card. Roboresponse.com reserves the right at any time and at our sole discretion to implement fraud-protection measures including and without limitation, temporarily charging a small amount to Your credit card to test validity and confirm that You are an authorized card holder.
Your purchase and/or use of the Roboresponse.com Service may subject You to taxes, including, without limitation, sales and service taxes, by any authority which has jurisdiction to impose such taxes. You agree that the payment and obligation of any such taxes are Your sole and absolute responsibility, and You agree to indemnify Roboresponse.com to the extent that Roboresponse.com incurs any obligations or other liabilities in connection with such taxes.
Roboresponse.com reserves the right to quote additional fees for certain Services that may be arranged by mutual written agreement and/or paid for via invoice. If Roboresponse.com has entered into a separate invoicing relationship with You, You agree to pay all undisputed invoices within 30 days, and You agree that Roboresponse.com may charge interest of 1% monthly (or the highest rate permitted by law) for past due invoices. You further agree to be liable for reasonable collection costs and attorney fees resulting from Roboresponse.coms attempt to collect on past due amounts. Should You fail to pay an invoice, Roboresponse.com reserves the right to suspend, cancel and/or delete Your subscription, including any and all access to the Services and data associated with Your subscription.
If the credit card You have on file with Your account expires, Your continued use of the Service constitutes Your authorization for us to continue billing You, and You remain responsible for any uncollected amounts
All fees and charges are nonrefundable. All billing transactions are processed in U.S. dollars and are subject to the currency conversion rate on the date of the transaction.
You may cancel Your free trial or Your subscription at any time. In order to cancel Your free trial, You must do so within Your account prior to the end of the trial period. Customers must cancel their paid subscriptions by contacting us at support@Roboresponse.com; however, that alone does not guarantee cancellation.
There are no refunds or credits for partially used subscriptions or for downgraded subscriptions during a billing period.
Immediately upon Your cancellation, You will no longer have access to Your account.
You acknowledge as a Subscriber that if Roboresponse.com cannot charge Your credit card at the time of renewal, Roboresponse.com may cancel Your subscription, and as a result, You may lose access to the Services and all data associated with Your account.
1. Provision of Purchased Services.
We will (a) make the Services and content available to You pursuant to this Agreement, (b) provide applicable support for the Services to You at no additional charge, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack.
2. Protection of Your data.
We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the purchased Services and prevent or address service or technical problems, (b) as compelled by law, or (c) as You expressly permit in writing.
3. User Generated Content
Users and Subscribers may create, upload, post and store information, data, text, videos, images or other materials ("Content") on the Sites and/or Services, which may be viewable by You and other Users or Subscribers. Roboresponse.com does not control the Content posted via Subscribers or Users of the Sites or Services, and as such, does not guarantee the integrity, quality or accuracy or such content. You agree that by using the service, You may be exposed to Content that is objectionable, indecent, offensive, or illegal in Your jurisdiction. Under no circumstances, will Roboresponse.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted, posted, uploaded, emailed or otherwise made available via the Sites or Services.
We do not claim any ownership interest in Your User Content, but we do need the right to use Your User Content to the extent necessary to operate the Site and provide the Services, now and in future. For example, if You leave comments on the Roboresponse blog or posts on the Roboresponse forum, we need Your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
By posting or distributing User Content to or through the Services, You (a) grant Roboresponse and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) You own and control all of the rights to the User Content that You post or otherwise distribute, or You otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
The Services may include discussion forums, bulletin boards, review services or other forums in which You or third parties may post reviews or other content, messages, materials or other items on the Services ("Interactive Areas"). User Content submitted to any publicaly accessible area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
4. Account, Password, and Security
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password and account number provided by You or Roboresponse.com for accessing the Service. You are solely and fully responsible for all activities that occur under Your password or account. Roboresponse.com has no control over the use of any Users account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Roboresponse.com immediately.Use of our Services necessarily involves transmission of Your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
5. Storage Limits.
There may be storage limits associated with a our Service. These limits may be described in the services descriptions on our website. We reserves the right to charge for additional storage or overage fees at the rates specified on our website. We may impose new, or may modify existing, storage limits for the Service at any time in our discretion, with or without notice to You.
6. Deletion at End of Subscription Term.
We may remove or delete Your data within a reasonable period of time after the termination of Your Subscription Term.
7. Links to Other Web Sites.
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Roboresponse.com of those sites or their content. Such links are provided as an information service, for reference and convenience only. Roboresponse.com does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Roboresponse.com Service as well as any advertisements displayed in connection therewith) does not mean that Roboresponse.com endorses any of the material on such websites, or has any association with their operators. It is Your responsibility to evaluate the content and usefulness of the information obtained from other sites.
Roboresponse has been legally registered globally for its business name and identity. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Roboresponse Service are trademarks or trade dress of Roboresponse LLC in the U.S. and other countries. Roboresponse trademarks and trade dress may not be used in connection with any product or service that is not Roboresponse, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Roboresponse. All other trademarks not owned by Roboresponse that appear in any Roboresponse Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Roboresponse.
You agree that Roboresponse.com may identify You as a customer and may refer to You by name, trade name and trademark, if applicable, and that Roboresponse.com may briefly describe Your business, if applicable, in its marketing materials on its Sites. You hereby grant Roboresponse.com an irrevocable, perpetual, worldwide, fully-paid license to use Your name and any of Your tradename and/or trademarks solely in connection with the rights granted to Roboresponse.com pursuant to this Promotion section.
10. LIMITATION OF LIABILITY.
In no event shall our aggregate liability together with all of our affiliates arising out of or related to this agreement exceed united states dollar 1 (one) for the services giving rise to the liability. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability. In no event will we or our affiliates have any liability arising out of or related to this agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability.
11. Disclaimer of Warranties.
Your use of the Roboresponse.com service is at Your sole risk. Roboresponse.com provides the Services on an "as-is" and "as available" basis. to the fullest extent applicable by law, Roboresponse.com and its officers, directors, employees, contractors, agents, attorneys, partners, licensors, and other representatives expressly disclaim all warranties of any kind, whether express or implied, but not limited to the implied warranties of merchantability and non-infringement, or fitness for a particular purpose.
Roboresponse does not accept any liability for consequences arising from use of the Service, or in general, is contrary to the normal use and operation of similar services, nor shall it be liable for the consequences that may arise from possible errors or inaccuracies that might be contained in the information provided through the Service, nor for the information contained in the web pages that is given for purely informative purposes.
12. Governing Law.
This Agreement shall be construed and govern by the law of the state of Delaware and United States federal law. In the event of any conflicts between foreign law, rules and regulations, the governing law shall prevail. Each party agrees to submit to the exclusive and personal jurisdiction of the Courts located in Delaware, USA. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
13. Entire Agreement and Order of Precedence.
This Agreement is the entire agreement between You and Roboresponse regarding Your use of Services and content and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in Your purchase order or in any other of Your order documentation is void.