ResponseiQ Terms of Service

Last updated: December 8, 2023

  1. About our Terms of Service
    1.1 These terms (the “Terms”) explain how you may use Response IQ’s services via one of the Starter, Regular or Plus packages (the “Services”). If you wish to sign up to the Enterprise package, please contact us using the contact details in Clause 1.4 below.

1.2 You should read these Terms carefully before signing up to the Services.

1.3 By signing up to the Services, using the free trial or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.4 If you have any questions about these Terms, please contact us by e-mail at support@responseiq.com or by telephone on +44 208 629 5280.

  1. Definitions
    “Authorised Users” means you, your employees, agents and independent contractors (as applicable) who you authorize to use the Software and Services;
    “Business Day”means any day which is not a Saturday, Sunday or public holiday in the United Kingdom;
    “Confidential Information” means information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information;
    “Client Data” means your data provided to us by you or by an Authorised User using the Software via data integration methods or manual data entry methods for the purpose of using the Services;
    “Credit” means a connected phone call between you and the Customer’s telephone number lasting over five (5) seconds in length and up to ten (10) minutes in length. If the call duration exceeds ten (10) minutes, a second Credit shall be earned. For each ten (10) minute period thereafter, one (1) further Credit shall be earned;
    “Customer” means a visitor to your website or anyone who uses the Software in order to contact you;
    “Dashboard” means a secure online portal provided by ResponseIQ to you providing access to data relating to Customers and the Services;
    “Party” means either us or you, and together referred to as the “Parties”;
    “Services” means the subscription services provided by Response IQ to you under these Terms as more particularly described in Clause 3 below;
    “Software” means either us or you, and together referred to as the “Parties”;
    “Subscription” means your agreement with us based on one of the packages offered under the Services subject to these Terms (Starter, Regular or Plus);
    “Subscription Fees” means the fees payable by you to Response IQ for the Services;
    “Virus” means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses and other similar things or devices; “Website” means Response IQ’s website at www.responseiq.com

  2. Services
    3.1 Response IQ is a cloud-based software provider that provides you with the Software to do the following:

  • Introduces functionality on your website that enables instant callbacks to a Customer that visits your website. The Services shall enable you to collect Personal Data of Customers who request an instant call back and the Software shall facilitate those calls. This is known as Callback Widget
  • Track website visitor session data and attribute it to phone calls generated from your website AKA Call Tracking
  • Facilitate automated calls to leads generated by your business, this is known as Lead Connect.
  • Facilitate automated outbound call campaigns at predetermined specifical intervals and velocity from methods such as a CSV upload, this is known as Lead Campaigns.

3.2 There is a free trial option on the Website for a limited period of time currently offering two hundred (200) free Credits (the “Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you have canceled your Subscription, you will be automatically charged the applicable Subscription Fees for the package of the Services you have chosen. At any time and without notice, Response IQ reserves the right to modify the terms and conditions of the Free Trial or cancel the Free Trial.

3.3 Following any Free Trial, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of package you selected when purchasing a Subscription or signing up for the Free Trial. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless it is cancelled. To cancel your subscription, you must send an email requesting cancellation to support@responseiq.com. Upon acceptance of your cancellation request, you will continue to be liable for payment of the service for an additional 30 days from the acceptance of cancellation. Please note, in cases where you have entered into a separate contractual agreement with us, the terms of that agreement regarding the length of service, cancellation, and termination will supersede the terms stated here.

3.5 The number of Credits available to you in any period of Subscription shall be determined by the package you choose. If you use all your Credits within a period of Subscription, you have the option to either: (i) upgrade your package in order to access further Credits, or (ii) wait until the next period of Subscription for a new installment of Credits. For the avoidance of doubt, unused Credits in a period of Subscription shall not roll to the next Subscription period.

  1. Limitation of Liability
    11.1 Response IQ’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of under these Terms shall be limited to the total Subscription Fees paid by you in the twelve (12) month period immediately preceding the date on which the loss arose.

  2. Termination
    12.1 You or we may terminate your Subscription:

  • with immediate effect by written notice if the other Party commits an irremediable material breach of these Terms;
  • by providing written notice if the other Party is in material breach of these Terms and fails to cure that breach within thirty (30) days after receipt of such written notice; or
  • if the other Party ceases its business operations, goes into voluntary insolvency or becomes subject to insolvency proceedings.

12.2 If your Subscription terminates:

  • the license to use the Software set out in Clause 4.1 and all other rights granted by Response IQ to you pursuant to these Terms shall cease immediately;
  • for a period of thirty (30) days after the termination date, we may provide you with access to your account at then-current fees so that you may export the Client Data;
  • thirty (30) days after the termination date, we may delete any Client Data relating to your account without any liability to you;
  • and each Party shall return and make no further use of any equipment, property, and other items (and all copies of them) belonging to the other Party.

Schedule – Data Protection Provisions

  1. The Parties agree that, for the Protected Data, you shall be the Data Controller and we shall be the Data Processor. You acknowledge and agree that you are responsible for obtaining consent from Customers and any visitors to your website to process their Protected Data. You hereby instruct Response IQ as a Data Processor to process this Protected Data on behalf of you for the provision of the Services.

  2. We shall process Protected Data in compliance with the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under these Terms. You shall comply with all Data Protection Laws in connection with the processing of Protected Data, the Services and the exercise and performance of its respective rights and obligations under these Terms, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws. You warrant, represent and undertake, that:

  • all data sourced by you for use in connection with the Services shall comply in all respects with Data Protection Laws;
  • all instructions given by you to us in respect of Personal Data shall at all times be in accordance with Data Protection Laws.
  1. Insofar as we process Protected Data on behalf of you, we:
  • unless required to do otherwise by Applicable Law, shall process the Protected Data only on and in accordance with your documented instructions (the “Processing Instructions”);
  • if Applicable Law requires us to process Protected Data other than in accordance with the Processing Instructions, we shall notify you of any such requirement before processing the Protected Data (unless Applicable Law prohibits such information on important grounds of public interest);
  • from the GDPR Date, shall promptly inform you if Response IQ becomes aware of a Processing Instruction that, in our opinion, infringes Data Protection Laws.

  1. We shall implement and maintain, at our cost and expense, reasonable technical and organizational measures in relation to the processing and security of Protected Data by us.

  2. Sub processing. Customer authorises Response IQ to subcontract processing of Personal Data under the Agreement to a third party provided that: (i) Response IQ provides Customer with reasonable prior notice of any such subcontracting; and (ii) Response IQ flows down Section 3.2 and Section 4.1 to any subcontractor it appoints. Response IQ utilises has written contracts in place with the sub-processor it may use from time to time for such functions as email sending and SIP call facilitation.

  3. You agree that we may transfer Protected Data to countries outside the European Economic Area (the “EEA”) or to any International Organisation(s), provided all such transfers shall (to the extent required under Data Protection Laws) be effected by way of Appropriate Safeguards and in accordance with Data Protection Laws.

  4. Each Party (the “Indemnifying Party”) shall indemnify and keep indemnified the other Party (the “Indemnified Party”) in respect of all Data Protection Losses suffered or incurred by, awarded against or agreed to be paid by, the Indemnified Party arising from or in connection with the Indemnifying Party’s non-compliance with Data Protection Laws.