Effective Date: September 1, 2023
These Terms of Service outline the terms and conditions governing your use of our Platform. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms. Please take the time to read these terms carefully, as they govern your legal relationship with us.
You are hereby granted a non-exclusive, non-transferable, and revocable license to use the Platform to provide personalized review responses to your customer reviews. This license is subject to the restrictions outlined in these Terms of Service and does not grant you any ownership rights to the Platform or its components. You may not sublicense, distribute, transfer, reproduce, distribute, or modify the Platform, or any part thereof, without the explicit written consent of ResponseScribe. We may terminate or restrict your use of our Platform if you violate these Terms of Service or are engaged in illegal or fraudulent use of the Platform. It is important to note that ResponseScribe does not monitor review site policies and disclaims any obligation to do so. Consequently, you are solely responsible for complying with any such review site policies. Please understand that ResponseScribe does not provide any warranties or representations concerning review site policies.
You authorize ResponseScribe to integrate its Platform with third-party review sites, including but not limited to Google and Facebook. This authorization grants ResponseScribe the right to utilize its API (Application Programming Interface) and other tools to post responses to customer reviews on these third-party review sites. If you choose, you can retain the ultimate discretion to approve, modify, or reject any proposed response before it is posted. You acknowledge that in order to use this integration, you may need to grant necessary permissions and authorizations to the third-party review sites. ResponseScribe shall take reasonable measures to secure the data accessed through the API integration. However, you acknowledge that the security of third-party review sites is outside ResponseScribe’s control and may be subject to the terms and conditions of those sites.
By using the Platform, you expressly consent to receiving emails and text messages containing proposed responses to customer reviews, as well as account-related information. These communications may be sent to the email address or phone number indicated in your account. The choice to receive such communication via email, text message, or both, is entirely at your discretion and can be managed through your account settings. These communications aim to assist you in promptly addressing customer reviews and enhancing your engagement, as well as keeping you informed about account matters. You understand that standard messaging rates may apply if you choose to receive text messages, and you acknowledge that you are responsible for any such charges incurred. Should you wish to modify your communication preferences, you may do so at any time through the settings available within the Platform.
You agree not to employ the Platform for any illegal, fraudulent, or otherwise unlawful purposes. Your use of the Platform must comply with all applicable laws and regulations. You further agree not to employ the Platform in any manner that infringes upon the intellectual property rights of third parties, including copyright, trademark, patent, and trade secret rights. Any documentation or information provided with or processed using the Platform must be used solely for internal purposes authorized by the individual whose information is processed or by such individual’s parent or legal guardian if the individual is a minor. By using the Platform, you consent to its potential connection to internet-based or wireless services. This consent extends to the transmission of standard device information, such as technical details about your device, system, and Platform usage. Notably, ResponseScribe will not transmit any such standard device information to third parties in a format where personal information can be identified. While the Platform aids in accessing and communicating with customers’ personal information, ResponseScribe does not oversee your usage of the Platform to ensure compliance with applicable laws. It is your responsibility to act in good faith within the limits set by relevant laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the General Data Protection Regulation (GDPR) in Europe, the Telephone Consumer Protection Act (TCPA) in the U.S., and the Consumer Review Fairness Act (CRFA), and other local, national, or international laws and regulations. You commit to using personal information processed through the Platform solely for the purposes for which you received it and refrain from transferring such information to any other party.
As part of the services provided by the Platform, we may offer you valuable business insights based on the reviews you’ve received. These insights aim to provide you with a deeper understanding of customer sentiment and trends related to your reviews and review responses. It’s important to clarify that our focus is on providing insights that contribute to the enhancement of your customer interactions and reputation management. While we analyze review content to derive these insights, ResponseScribe does not store or provide you with demographics or personal information of individual reviewers.
You agree to take all reasonable steps to protect the security and privacy of the device on which the Platform is installed, including using strong passwords, keeping the device software up to date, and using security software, to prevent use of the Platform by any unauthorized party. It is important to note that, as part of our commitment to security, ResponseScribe employs encryption technology to safeguard any passwords stored within the Platform. This encryption adds an additional layer of protection to sensitive information. However, despite these measures, you acknowledge that no data transmission or storage can be entirely secure, and ResponseScribe disclaims liability for any breaches or unauthorized access to data that might occur.
ResponseScribe is committed to enhancing and optimizing the Platform to provide you with the best possible experience. This includes regular updates and improvements to the Platform’s features, functionality, and security. These updates may be automatically applied to ensure that you have access to the latest advancements. By continuing to use the Platform, you agree to receive and accept these updates as part of your ongoing use.
ResponseScribe will automatically charge the fee for the plan you choose on a recurring basis as well as any monthly overages or additional services you sign up for. These fees will typically be charged monthly or as otherwise specified on a web page or other document accessible through the sign-up process. These fees include the plan, overages (if applicable), and additional services (if applicable) as well as any applicable taxes. The total fee, including taxes and any applicable additional fees, will be charged to the payment method accepted by ResponseScribe. You have the option to upgrade or downgrade your plan at any time. If you choose to upgrade, the applicable fees for the new plan will take effect immediately. For downgrades, the changes will become effective on the next monthly billing date
ResponseScribe will automatically charge the fee for the plan you choose on a recurring basis as well as any monthly overages or additional services you sign up for. These fees will typically be charged monthly or as otherwise specified on a web page or other document accessible through the sign-up process. These fees include the plan, overages (if applicable), and additional services (if applicable) as well as any applicable taxes. The total fee, including taxes and any applicable additional fees, will be charged to the payment method accepted by ResponseScribe. You have the option to upgrade or downgrade your plan at any time. If you choose to upgrade, the applicable fees for the new plan will take effect immediately. For downgrades, the changes will become effective on the next monthly billing date
You understand, acknowledge, and agree that ResponseScribe may utilize a third-party payment processor to facilitate payment transactions. In connection with ResponseScribe’s utilization of a third-party payment processor for payment transactions, you hereby give your consent to be bound by any terms of service presented by the utilized third-party payment processor. Additionally, you acknowledge and agree that ResponseScribe will not be held responsible for any breaches, errors, or unauthorized charges resulting from the actions or omissions of the third-party payment processor
ResponseScribe will provide electronic notifications detailing the amount and date of each processed charge. It is your responsibility to review these billing statements and promptly report any discrepancies or issues to ResponseScribe.
ResponseScribe reserves the right to modify plan fees or the pricing structure for the Platform. In the event of such changes, you will receive prior notice. Any alterations in pricing will only apply to the subsequent billing cycle and will not affect the current billing cycle.
You may initiate the cancellation of your plan at any time by following the cancellation process specified on ResponseScribe’s Platform. If a cancellation request is received after the billing date, it may result in one final charge. Keep in mind that you remain responsible for any plan fees incurred prior to the cancellation taking effect.
Subject to applicable laws, all plan fees are non-refundable. In situations involving service interruptions or dissatisfaction with the provided service, we encourage you to reach out to ResponseScribe for assistance.
THE RESPONSESCRIBE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RESPONSESCRIBE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER RESPONSESCRIBE NOR ANY PERSON ASSOCIATED WITH RESPONSESCRIBE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RESPONSESCRIBE NOR ANYONE ASSOCIATED WITH RESPONSESCRIBE REPRESENTS OR WARRANTS THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE OR SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RESPONSESCRIBE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF DISCLOSED TO RESPONSESCRIBE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE PLATFORM IS AT YOUR SOLE RISK.
You agree to take all reasonable steps to protect the security and privacy of the device on which the Platform is installed, including using strong passwords, keeping the device software up to date, and using security software, to prevent use of the Platform by any unauthorized party. It is important to note that, as part of our commitment to security, ResponseScribe employs encryption technology to safeguard any passwords stored within the Platform. This encryption adds an additional layer of protection to sensitive information. However, despite these measures, you acknowledge that no data transmission or storage can be entirely secure, and ResponseScribe disclaims liability for any breaches or unauthorized access to data that might occur.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including any breach, termination, enforcement, interpretation, or validity thereof, shall be subject to the exclusive jurisdiction of the state and federal courts situated within San Diego County, California, and the parties do hereby submit to such exclusive jurisdiction. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
ResponseScribe may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing users, such revisions shall, unless otherwise stated, be effective 30 days after posting.
These Terms of Service, including any other documents or agreements incorporated by reference, constitutes the entire agreement between you and ResponseScribe relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by ResponseScribe as set forth in these Terms of Service.
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