Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Responsebird website and software-as-a-service application (the "Services") provided by Responsebird, Inc. ("Responsebird," "we," "us," or "our"). By creating an account, accessing the Services, or clicking "I agree," you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Eligibility and accounts

You may only use the Services on behalf of a business and only if you are at least 18 years old and able to enter into a binding contract. If you accept these Terms on behalf of an organization, you represent that you are authorized to do so. The organization is the "Customer" and is responsible for activity under its account, including any user it grants access to.

You agree to provide accurate information during sign-up, to keep credentials confidential, and to notify us promptly of any unauthorized use of the account.

2. The Services

Responsebird helps Customers receive, respond to, and qualify inbound leads from third-party platforms (including Thumbtack, Yelp, Google Local Services, Facebook Lead Ads, Facebook Messenger, and email forwarding) and place outbound communications by SMS, email, and AI voice on the Customer's behalf. Specific features and limits depend on the Customer's subscription plan and the sources connected to the account.

3. Third-party platforms and Customer data

The Services interoperate with third-party platforms that the Customer chooses to connect. Responsebird is not responsible for the availability, terms, or behavior of those platforms. The Customer is solely responsible for:

• Complying with the terms of service of each connected platform.
• Ensuring it has the legal right to use Responsebird to process the data those platforms send (including any consent required from end users).
• Any messages, calls, or other content the Customer or its users cause the Services to send.

As between Responsebird and the Customer, the Customer owns all data it provides or has sent into the Services on its behalf ("Customer Data"). The Customer grants Responsebird a non-exclusive, worldwide, royalty-free license to host, copy, transmit, and process Customer Data solely as necessary to provide and improve the Services.

4. Acceptable use

You agree not to, and not to permit any user to:

• Use the Services to send unlawful, deceptive, harassing, or spam communications.
• Send communications that violate the TCPA, CAN-SPAM, GDPR, CASL, or any other applicable communications, marketing, or privacy law.
• Attempt to gain unauthorized access to the Services or other Customers' data.
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent applicable law permits.
• Resell, sublicense, or expose the Services to third parties as a product offering of your own without our written consent.
• Use the Services to build a competing product.

We may suspend access without notice if we reasonably believe you are in breach of these Terms or that suspension is necessary to protect the integrity or security of the Services.

5. Communications, recording, and consent

The Customer is responsible for obtaining all necessary consents from end users before initiating outbound calls, SMS, or recordings. This includes prior express written consent under the TCPA where required, and two-party consent for call recording in jurisdictions that require it (including California, Florida, and others). The Customer is responsible for honoring opt-out requests promptly. Responsebird provides tooling to help with consent and opt-outs but does not assume the Customer's legal obligations.

6. Fees, billing, and trials

Plans and pricing are described on the Responsebird website at the time of subscription. Unless stated otherwise, fees are billed in advance on a monthly basis through our payments provider, and usage-based components (such as voice minutes) are metered and charged on the next invoice.

Free trials are available where offered. After a trial ends, the subscription continues at the then-current rate unless cancelled before renewal. All fees are non-refundable except where required by law.

We may change prices for new billing periods on at least 30 days' notice. If you do not agree to a price change, you may cancel before the new period begins.

7. Intellectual property

The Services, including all software, designs, branding, and documentation, are owned by Responsebird and protected by intellectual-property laws. We grant the Customer a limited, non-exclusive, non-transferable right to access and use the Services during the subscription, subject to these Terms. We retain all other rights.

Feedback and suggestions you give us about the Services are non-confidential, and we may use them without obligation to you.

8. Confidentiality

Each party may receive non-public information from the other in connection with the Services ("Confidential Information"). Each party agrees to protect the other's Confidential Information using at least the same care it uses for its own confidential information (and no less than reasonable care), and to use it only to perform under these Terms. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known before disclosure, is independently developed, or is rightfully obtained from a third party.

9. Term and termination

Either party may terminate the subscription at the end of the then-current billing period. Responsebird may terminate or suspend the Services immediately if the Customer materially breaches these Terms (including non-payment) and does not cure the breach within ten (10) days of notice, or immediately if cure is not feasible.

On termination, the Customer's right to use the Services ends. We will make Customer Data available for export for 30 days after termination, after which we may delete it (subject to legal retention requirements). Sections that by their nature should survive termination (including payment, IP, confidentiality, disclaimers, indemnity, and limitation of liability) survive.

10. Warranty disclaimer

Except as expressly set out in these Terms, the Services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express, implied, or statutory. Responsebird disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI-generated outputs will be accurate or suitable for a given purpose. The Customer is responsible for reviewing AI outputs before they are used.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages. Each party's total liability under these Terms in any 12-month period will not exceed the fees the Customer paid Responsebird in the 12 months preceding the event giving rise to liability. These limitations apply regardless of the form of action.

12. Indemnity

The Customer will defend, indemnify, and hold harmless Responsebird and its affiliates, officers, employees, and agents from and against any third-party claim arising from the Customer's content, use of the Services in violation of these Terms or applicable law, breach of any platform's terms, or failure to obtain required consents from end users.

13. Changes to the Terms

We may update these Terms from time to time. If a change is material, we will give notice through the Services or by email to the account owner at least 30 days before the change takes effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of these Terms or the Services, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. General

These Terms, together with the Privacy Policy and any order forms, are the entire agreement between the parties regarding the Services and supersede prior agreements on the same subject. If any provision is unenforceable, the remaining provisions remain in effect. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets. The Customer may not assign without our prior written consent. Failure to enforce a provision is not a waiver.

16. Contact

Responsebird, Inc.
Legal: legal@responsebird.com
General: hello@responsebird.com