Terms of Service

1. Acceptance of Terms

The following Terms of Service govern your use of the software and services provided by ResQWare LLC at get.resqengage.com (the “Site”). This is a binding agreement between you and ResQWare LLC and incorporates our Privacy Policy located at get.resqengage.com/privacy.

By using any software or services provided by ResQWare LLC (the “Services”), you agree to be bound by the terms of this Agreement. We reserve the right to modify these Terms from time to time. When changes are made, we may display a notification on the Site. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of the Site and Services after any modification constitutes your acknowledgment and acceptance of the updated Terms.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in creating, producing, and/or delivering this Site and/or the contents and Services available on this Site.

BY USING THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR SERVICES IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. THESE TERMS BECOME EFFECTIVE ONCE YOU CLICK “I AGREE” OR OTHERWISE USE THE SITE.

2. Services

A. No Guarantee

ResQWare LLC provides a variety of software products, integrations, and services for users on our Site, which may be subscribed to through the Site.

Although ResQWare LLC works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services.

B. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over third-party networks or services used to provide the Services. The Services are provided on an “AS IS” basis, and we assume no responsibility for timeliness, deletion, mis-delivery, interruption, or failure to store communications or personalization settings.

C. Right to Modify the Services

We reserve the right to implement new elements as part of the Services, including changes that may affect prior methods of operation. We believe such changes generally enhance the Services, although your opinion may differ.

D. No Contingency on Future Releases and Improvements

You understand that your purchase of the Services is not contingent on our delivery of any future release, functionality, feature, continued service beyond a current subscription term, or any public comments we may make regarding future functionality or features.

3. Payment

Fees

Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communication Surcharges associated with your use of the Platform. These surcharges will appear as a separate line item on invoices. All Fees and Communication Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Subscription Fees will be billed in advance of Services. You agree to provide accurate and complete billing information, including your name, address, credit card information, and phone number, and to notify us within ten (10) days of any change.

Noncancellable Fees

Some subscriptions require a non-cancellable minimum commitment. Fees for such subscriptions will continue to be automatically applied until the commitment is fulfilled.

No Mark-Ups

You may not mark up or increase any Fees that you pass through to your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including refunds and chargebacks. ResQWare LLC is not responsible for disputes between you and your customers regarding these charges.

Taxes

You are exclusively responsible for taxes and governmental assessments associated with your use of the Platform, including taxes associated with transactions you conduct with your customers. ResQWare LLC may collect Taxes from you as legally required or as it deems appropriate, and all such determinations are final. Taxes are nonrefundable.

Overdue Amounts

If your credit card company declines or refuses to pay amounts owed for purchased Services, we may suspend or terminate your use of the Platform and/or delivery of Services. We may require payment of overdue Fees and any related third-party fees or penalties by another acceptable payment method. If legal action is necessary to collect unpaid balances, you agree to reimburse us for reasonable collection costs, including attorney fees and legal expenses.

Payment Disputes

You must notify us in writing within sixty (60) days of the billing date for any Fees or charges you wish to dispute. You must continue paying all invoiced Fees and charges while the dispute is pending or you waive the right to dispute them. You agree to act reasonably and in good faith in resolving any dispute.

No Refunds or Credits

Except where required by law or expressly stated by us, all Fees assessed by ResQWare LLC are non-refundable. You are solely responsible for excess Fees resulting from your own error, omission, or that of a third party. We do not provide refunds or credits for partially used or unused subscriptions. If you sign up for a subscription and do not access the Service or Platform, you remain responsible for all Fees during the subscription term.

We may issue refunds or credits in our sole discretion, including where we materially modify these Terms of Service or the Privacy Policy during a billing period and such modification adversely affects you. To request a refund in such situations, you must provide written notice identifying your account and requesting cancellation of the specific Service.

Cancellations

You are solely responsible for canceling Services associated with your account, and you remain responsible for all Fees incurred until cancellation occurs. No refunds will be provided for failure to properly cancel Services.

Your Responsibility for Financial Transactions

You are solely responsible for all financial transactions engaged in by you and your users on the Platform or through the Services, including transactions conducted through billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to your activities and those of your customers.

4. Site Conduct, Posting Policies & Third-Party Websites

User-Created Content Guidelines

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, links, code, or other material you submit. By using any interactive feature available on the Site, you agree not to post content that:

• is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of privacy, or includes graphic sexual or violent content;
• victimizes, harasses, degrades, or intimidates individuals or groups on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes any patent, trademark, trade secret, copyright, publicity right, or other proprietary right;
• consists of spam, chain letters, unauthorized solicitation, or any form of lottery or gambling;
• contains malicious code or files intended to disrupt, damage, or limit the functionality of software, hardware, or telecommunications equipment;
• breaches or attempts to breach the security of this Site or other systems;
• impersonates any person or entity, including our employees or representatives.

At our sole discretion, ResQWare LLC may remove or unpublish any material we deem unnecessary, harmful, objectionable, or inconsistent with the intended use of our Site.

User Customization

The ResQWare LLC platform within our Site may be modified by users by incorporating names, logos, trademarks, color schemes, or custom code into a user’s access area. You are solely responsible for intellectual property issues connected with your customized presentation. You acknowledge that customization may be limited and may not appear independently developed.

No Endorsement

ResQWare LLC neither endorses nor assumes liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen all content, we reserve the right to remove any posting that does not comply with these Terms or that we believe is harmful, objectionable, or inaccurate. User testimonials or opinions do not constitute endorsement by ResQWare LLC.

Third-Party Sites and Information

This Site may redirect or link to third-party websites, products, or services. We are not responsible for the accuracy, completeness, legality, or decency of third-party content or websites. Links are provided for convenience only and do not imply endorsement, association, or warranty of any kind.

Promotions

From time to time, this Site may include third-party advertisements or promotions. Any dealings with third-party advertisers, including payment, delivery, and related terms, are solely between you and the advertiser. We assume no responsibility for any part of such dealings.

Electronic Communication

When you enroll in the online service, you must designate a primary email address for electronic communications. To the extent ResQWare LLC provides an online message center now or in the future, such exchanges are considered electronic communications and may be used by ResQWare LLC to provide notices required by law or related to your account. We will never ask you by email for confidential information such as account numbers, usernames, or passwords. If you receive such a message claiming to be from us, do not respond and notify us immediately at support@resqengage.com.

5. ResQWare LLC Intellectual Property

Content

For purposes of these Terms, “content” includes any information, communications, software, published works, photos, video, graphics, music, sounds, or other material available through the Site and owned by ResQWare LLC or its Affiliates.

Ownership of Content

By accepting these Terms, you agree that all content presented on this Site is protected by intellectual property and proprietary rights under applicable law and is the sole property of ResQWare LLC or its Affiliates. All custom graphics, icons, logos, and service names are trademarks, registered trademarks, or service marks of ResQWare LLC or its Affiliates. All other trademarks remain the property of their respective owners.

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or the name of ResQWare LLC or its Affiliates without prior written permission. Some ideas, software, and processes incorporated into the Services may also be protected by patent applications.

Limitations on Use of Content

Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site without our prior written permission. Unauthorized use may violate our intellectual property rights and may result in civil or criminal penalties.

No Warranty for Third-Party Infringement

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

6. Content You Create

Your Intellectual Property Rights

You own and retain all rights to your data and to your code used for customizing the ResQWare LLC platform. You grant us and our applicable third parties the right to use your data as necessary to provide the Services to you and as otherwise permitted by this Agreement and our Privacy Policy. If you use the Services on behalf of another party, you represent and warrant that you have sufficient rights and permissions to do so.

DMCA / Copyright Notices

We respect the intellectual property rights of others and ask that you do the same. If you believe your copyrighted work has been infringed by content on this Site, you should send a notification to our designated contact with sufficient details to identify the allegedly infringing material and your rights in it.

Notices may be sent to: legal@resqengage.com

Counter-Notification

If material you posted has been removed and you believe the removal was due to mistake or misidentification, you may file a counter-notification containing legally sufficient details, including identification of the removed material, a statement made under penalty of perjury, your contact information, consent to jurisdiction, and your electronic or physical signature.

Submission of Ideas

Our Site may include areas where users can submit ideas for new products, services, or features (“Ideas”). By submitting an Idea to ResQWare LLC, you acknowledge that the submission is voluntary, non-confidential, and gratuitous unless otherwise agreed in writing. You grant ResQWare LLC a perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the Idea in any media now known or later developed, without payment or further permission, except where otherwise required by law or written agreement.

7. Data Stored On Our Servers

Subject to our Privacy Policy at https://get.resqengage.com/privacy, you agree that we have no responsibility or liability for the deletion of, or failure to store, any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts that remain unpaid, inactive for longer than one (1) year, or that violate one or more terms of this Agreement.

8. Privacy & Security

Login Required

In order to access some Services on this Site, you may be required to set up an account and password. Our registration process may request certain personal information (“Registration Info”). You may maintain and update your Registration Info from time to time. By registering, you represent that all Registration Info is true, complete, and accurate and that you will keep it current.

Passwords & Security

If you register for an account, you are responsible for maintaining the confidentiality of your password and for all activities and charges incurred under your account. You must take reasonable steps to prevent unauthorized access. Our employees will never ask you for your password.

Disclosure to Third-Party Affiliates

Subject to our Privacy Policy, you grant us the right to disclose certain Registration Info to third parties as necessary to provide the Services and operate the Platform lawfully and efficiently.

Non-Transferability of User Account

User accounts are non-transferable. You may not assign these Terms, in whole or in part, or delegate your responsibilities under them to any third party without our written consent. Any attempted assignment or delegation will not be recognized unless acknowledged by ResQWare LLC in writing. ResQWare LLC may assign these Terms or delegate its rights and responsibilities at any time in its sole discretion.

9. Disclaimer

ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that: (a) the content or Services will meet your requirements; (b) the content, Services, or Site will be uninterrupted, timely, secure, or error-free; (c) results obtained from the use of the Services will be accurate, effective, or reliable; or (d) the quality of any content or Services will meet your expectations.

This Site may include technical inaccuracies or typographical errors. We may make changes to the content, Services, prices, or descriptions at any time without notice. Content or Services available at the Site may be out of date, and we make no commitment to update them.

Through your use of the Site, you may have opportunities to engage in commercial transactions with third parties. All such transactions are solely between you and the third party involved. We make no warranty regarding third-party transactions or third-party content.

10. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the three (3) months preceding the act giving rise to liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless ResQWare LLC and its Affiliates from and against all claims, damages, liabilities, losses, fees, costs, and expenses, including reasonable attorneys’ fees, arising directly or indirectly from:

• your use of or reliance on information or data supplied by you;
• your breach of this Agreement;
• your wrongful use or possession of any ResQWare LLC property;
• your negligence, gross negligence, or willful misconduct;
• disputes between you and other users, your customers, or your clients.

11. Termination of Use

A. Grounds for Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Site, with or without notice, for any reason, including breach of these Terms. Suspected fraudulent, abusive, or illegal activity may also be grounds for termination and may be referred to the appropriate authorities.

B. No Right to Services Upon Termination

Upon termination, your right to use the Services available on this Site immediately ceases. We shall not be liable to you or any third party for damages resulting from such termination or suspension. Any provisions that by their nature should survive termination shall remain in effect, including liability for unpaid Fees.

C. How to Terminate or Make Adjustments

If you would like to terminate your access to the Site or make adjustments to your subscription, ResQWare LLC requires written notice at least thirty (30) days before your next billing date.

D. No Termination by Third-Party Users

ResQWare LLC has limited access to subscriptions not directly purchased from us. If access to the Site was granted to you by another party, you must contact that party for inquiries related to termination.

12. Miscellaneous Provisions

A. Privacy

Personally identifiable information or aggregate information that you provide will be handled in accordance with ResQWare LLC’s Privacy Policy at https://get.resqengage.com/privacy. If you provide access to the Site to your own clients or users, you must implement and enforce your own privacy policy that offers protections at least equal to those provided by ResQWare LLC to you.

B. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access the Site from other locations do so at their own initiative and risk and are responsible for compliance with local laws.

C. Governing Law

This Site is controlled by us from our offices in New Hampshire, United States. These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts located in New Hampshire.

D. How to Send Notices to ResQWare LLC

All notices must be in writing and may be delivered by email. Notices to us should be sent to support@resqengage.com. You agree that we may send notices to the email address you have provided or the address we have on record.

E. Force Majeure

We shall not be liable for any non-delivery or delay in delivery of products or services arising from events beyond our reasonable control, including but not limited to labor disturbances, war, fire, accident, weather, transportation issues, governmental actions, or other unforeseeable causes.

F. Savings Clause

If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intention as closely as possible, and the remaining provisions shall remain in full force and effect.

G. No Waiver

Any failure by us to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

H. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements, understandings, and communications. To the extent anything associated with this Site conflicts with these Terms, these Terms shall control.

13. Contact Us