Terms and Conditions
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Respond.io.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Company via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on Respond.io is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on Respond.io is owned or provided by the Company or its licensors.
The Company undertakes its utmost effort to ensure that the content provided on Respond.io infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are asked to report related complaints using the contact details provided in this document.
The Company holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Respond.io, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Respond.io, the User may download, copy and/or share some content available through Respond.io for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Company allows Users to upload, share or provide their own content to Respond.io.
By providing content to Respond.io, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content on Respond.io they grant the Company a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Respond.io as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Respond.io.
Users acknowledge, accept and confirm that all content they provide through Respond.io is provided subject to the same general conditions set forth for content on Respond.io.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Through Respond.io Users may have access to external resources provided by third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Respond.io gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Subscription offered on Respond.io, subject to the terms and conditions set forth in the Affiliate registration process.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each User can receive, may be limited.
The Company reserves the right to end the program at any time at its own discretion.
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Respond.io are held by the Company and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Company merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Respond.io and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Company’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Users may access their data relating to Respond.io via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Respond.io, is bound by these Terms and, in addition, the User expressly understands and agrees that the Company bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
Users have the option to test Respond.io during a limited and non-renewable trial period, at no cost. Some features or functions of Respond.io may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on Respond.io. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Prices, descriptions or availability of Products are outlined in the respective sections of Respond.io and are subject to change without notice.
While Products on Respond.io are presented with the greatest accuracy technically possible, representation on Respond.io through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process and in the dedicated sections of Respond.io.
Any steps taken from choosing a Product to order submission form part of the purchasing process. Users must choose the desired Product and verify their purchase selection. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
When the User submits an order, the following applies:
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Respond.io.
Payment methods marked accordingly are managed directly by the Company. In this case, the Company collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of Respond.io to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases Respond.io collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Company shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time. Unless otherwise stated in the Order Form, Paid subscriptions begin on the day the payment is received by the Company.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly, quarterly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Respond.io. The renewed subscription will last for a period equal to the original term.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that the User must proceed manually. The Company reserves the right to freeze User’s access to Respond.io until any outstanding invoices have been paid.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Respond.io. Subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
If the notice of termination is received by the Company before the subscription renews, the termination shall take effect at the end of the current period, otherwise the automatic renewal shall apply.
Users may incur additional charges if the usage over the billing month exceeds their Subscription’s limit. The Subcription limits are detailed in the purchasing process and in the respective sections of Respond.io. User agrees to pay any additional charges incurred at the end of each billing month.
Any failure to make a payment of any Fees or taxes entitle the Company to suspend, in whole or in part, access to Services, until such payment is received. Unless otherwise stated in the Order Form, the Company shall assess and Customer shall pay a late fee equal to the lesser of 10% of the outstanding balance per month or the maximum rate / fee permitted by law in the jurisdiction where the User is located. Furthermore, upon any such failure all outstanding amounts shall become due and payable without further delay.
Unless specified, fees are displayed exclusive of any applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value added tax, sales tax, consumption tax and similar taxes or duties as well as any current or future municipal, state, federal or provincial taxes, and User will pay, indemnify and hold harmless the Company from same.
Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of Respond.io or in the Order Form.
Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.
The purchased service shall be performed or made available within the timeframe specified on Respond.io or as communicated before the order submission. The performance of additional services are provided on the basis of payment.
Except when required by law, the right of withdrawal does not apply on Respond.io. Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over Respond.io due to the nature of its offering.
The User agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Company (or any natural or legal person acting on its behalf).
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Company shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Company from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Some jurisdictions do not allow the exclusion of certain types of liabilities or limitations on applicable statutory rights, so some of the exclusions and limitations in these terms may not apply. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Company’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Company reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Company may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Respond.io and of its Service without the Company’s express prior written permission, granted either directly or through a legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Respond.io are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Respond.io are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Company.
All communications relating to the use of Respond.io must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Company with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
These Terms are governed by the law of the place where the Company is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Company is based, as displayed in the relevant section of this document.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Respond.io.
To ensure the provision of a quality of Service to all Users, and to ensure that the behavior of some does not disadvantage the majority, you agree to abide by any fair use policy which we may apply. Notwithstanding any Product representations, the Company reserves the right to enforce limits to any or all provisions of the Service, including but not limited to messages, contacts, properties, snippets, files or any other other characteristic of the Product that might be added to the Service in the future. Users will not use the System in any manner that could damage, disable, overburden, or impair the Service or interfere with any other parties.
Users may bring any disputes to the Company who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Respond.io or the Service, Users are asked to contact the Company at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Company’s email address specified in this document.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Company and the User, governed by these Terms.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides Respond.io and/or the Service to Users.
A good or service available for purchase through Respond.io, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.
The service provided by Respond.io as described in these Terms and on Respond.io.
All provisions applicable to the use of Respond.io and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using Respond.io.
Latest update: June 26, 2022
