Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between Symphosize, LLC, doing business as ResponsiBid (“ResponsiBid,” “we,” “us,” or “our”), and the person or organization that accesses or uses the Services (“Customer,” “you,” or “your”).

By creating an account, signing an order or proposal, accepting these Terms electronically, or accessing or using the Services, you agree to these Terms and the documents incorporated into them. If you accept these Terms for a business or other organization, you represent that you have authority to bind that organization.

If you do not agree, do not create an account or use the Services.

1. The agreement

These Terms govern your use of ResponsiBid’s websites, applications, quoting tools, follow-up tools, scheduling features, integrations, training resources, support, and related products and services (collectively, the “Services”).

The following are incorporated into this agreement:

1. The Billing, Cancellation & Refund Policy.
2. The Privacy Policy.
3. The plan, pricing, billing interval, add-ons, implementation services, and other terms presented at signup or in an accepted proposal, order, or written amendment (“Order Terms”).
4. Any additional terms presented for a specific feature, integration, promotion, or third-party service.

If these documents conflict, an executed written amendment controls first, followed by the Order Terms, these Terms, the Billing, Cancellation & Refund Policy, and then other incorporated policies, unless the more specific document expressly states otherwise.

2. Eligibility and account authority

You must be at least 18 years old and legally able to enter into a binding agreement. You must provide accurate, current, and complete account and billing information and keep it updated.

The person identified as the account owner or primary administrator may manage users, permissions, integrations, billing contacts, and account settings. You are responsible for:

• choosing appropriate administrators and users;
• keeping login credentials secure;
• activities performed through your account;
• promptly removing access for people who are no longer authorized; and
• notifying us promptly if you suspect unauthorized access.

You may not share individual credentials in a way that defeats plan limits or account security. We may require identity or authority verification before changing ownership, billing, or administrator access.

3. License and permitted use

Subject to your payment obligations and compliance with this agreement, ResponsiBid grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your active subscription for your internal business purposes.

The Services are licensed, not sold. ResponsiBid and its licensors retain all rights not expressly granted to you.

Separate businesses, franchisees, or independently operated locations may require separate accounts or written multi-location terms. You may not use one account to provide the Services to unaffiliated businesses unless ResponsiBid agrees in writing.

4. Customer responsibilities

You are responsible for how you configure and use the Services, including your prices, estimates, messages, schedules, automations, customer records, and business decisions.

You agree to:

• use the Services lawfully and in accordance with these Terms;
• maintain all licenses, permissions, notices, and consents required for your business;
• review customer-facing quotes, messages, and automations for accuracy and compliance;
• provide legally required notices and obtain legally required consent before contacting customers or prospects;
• honor your own offers, prices, guarantees, and commitments;
• use reasonable security safeguards for your account and devices; and
• maintain copies of information that you are legally required to retain independently of the Services.

ResponsiBid provides business software, not legal, tax, accounting, employment, financial, insurance, or other professional advice. You are responsible for consulting qualified professionals when needed.

5. Communications and marketing compliance

The Services may help you send email, text messages, follow-up communications, review requests, reminders, and other customer communications. You control the recipients, content, timing, and purpose of those communications.

You are solely responsible for complying with laws and industry rules applicable to your communications, including consent, identification, opt-out, do-not-call, quiet-hour, recordkeeping, and message-content requirements. This may include the Telephone Consumer Protection Act, CAN-SPAM Act, state privacy and telemarketing laws, and carrier or platform rules.

You may not use the Services to send unlawful, deceptive, harassing, abusive, or unsolicited communications. We may suspend messaging or automation features if we reasonably believe their use creates legal, security, deliverability, platform, or reputational risk.

6. Customer Data

“Customer Data” means information, content, records, files, images, pricing, messages, and other material that you or your users submit to or create through the Services.

As between you and ResponsiBid, you retain ownership of Customer Data. You grant ResponsiBid and its service providers a worldwide, non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to:

• provide, secure, support, and improve the Services;
• perform your requested integrations and automations;
• prevent fraud, abuse, and security incidents;
• comply with law and enforce this agreement; and
• create aggregated or de-identified information that does not reasonably identify you or an individual.

You represent that you have the rights and permissions needed for ResponsiBid to process Customer Data as described in this agreement and the Privacy Policy.

You are responsible for the accuracy, quality, legality, and source of Customer Data. Do not submit sensitive information that the Services are not designed to process, such as full payment-card data, protected health information, government identification numbers, or account passwords belonging to third-party services, unless ResponsiBid expressly supports that data type through an approved secure method.

7. Privacy

Our collection and use of personal information is described in the Privacy Policy. You acknowledge that Customer Data may include personal information belonging to your employees, customers, prospects, and other individuals.

You are responsible for providing your own legally sufficient privacy notices and honoring privacy rights applicable to your business. If applicable law requires a separate data processing agreement, contact us before submitting regulated data that requires one.

8. Integrations and third-party services

The Services may connect to payment processors, customer relationship systems, scheduling tools, communication providers, artificial-intelligence providers, analytics tools, and other third-party products (“Third-Party Services”).

Your use of a Third-Party Service is governed by that provider’s terms and privacy practices. You authorize ResponsiBid to exchange Customer Data with a Third-Party Service when needed to provide an integration you enable or a feature you request.

ResponsiBid does not control Third-Party Services and is not responsible for their availability, security, changes, data handling, or performance. An integration may stop working if the provider changes or discontinues its service, restricts access, or changes its technical requirements. We may modify, suspend, or discontinue an integration when reasonably necessary.

9. Automated and artificial-intelligence features

Some Services may use rules, automation, machine learning, or artificial intelligence to generate suggestions, summaries, classifications, drafts, or other output (“Automated Output”).

Automated Output may be incomplete, inaccurate, or unsuitable for your circumstances. You are responsible for reviewing it before relying on it or sending it to another person. Automated Output does not replace professional judgment and may not be unique to you.

You may not use automated features to make unlawful decisions, misrepresent machine-generated material as independently verified fact, or process data you lack permission to use.

10. Acceptable use

You may not, and may not allow another person to:

• violate law or another person’s rights;
• access or use the Services for fraudulent, deceptive, harmful, or abusive activity;
• upload malware or interfere with the Services or connected networks;
• probe, scan, or test security without written authorization;
• bypass access, usage, billing, or security controls;
• copy, resell, rent, sublicense, or commercially exploit the Services except as expressly authorized;
• reverse engineer, decompile, or attempt to discover source code except where law expressly permits it;
• scrape or extract data at unreasonable volume;
• use the Services to build or train a competing product, except with our written permission;
• impersonate another person or misrepresent your affiliation or authority;
• upload content that is unlawful, infringing, defamatory, obscene, or otherwise harmful; or
• use the Services in a way that materially burdens, disrupts, or degrades them.

We may investigate suspected violations and remove content, limit features, or suspend access when reasonably necessary to protect customers, third parties, or the Services.

11. Fees, renewal, and taxes

Fees, billing intervals, amounts due at signup, recurring amounts, and purchased add-ons are shown in your Order Terms.

Paid subscriptions renew automatically at the selected monthly, quarterly, annual, or other disclosed interval until canceled in accordance with the Billing, Cancellation & Refund Policy. You authorize ResponsiBid and its payment providers to charge the payment method on file for amounts due, including renewal fees, approved add-ons, taxes, and other disclosed charges.

Except where law requires otherwise, fees are non-refundable. Cancellation, pauses, reactivation, the 10-to-1 ROI Guarantee, failed payments, and related billing rules are governed by the Billing, Cancellation & Refund Policy.

You are responsible for applicable sales, use, excise, value-added, and similar taxes, excluding taxes based on ResponsiBid’s net income. We may calculate and collect taxes where required.

12. Trials and free accounts

ResponsiBid may offer free accounts, trials, promotional access, or limited features. Any limits or conversion terms presented with the offer apply in addition to these Terms.

Free or trial features may be changed or discontinued at any time. Unless law requires otherwise, we may suspend or terminate a free account with or without notice. Data created during a free or trial period may become unavailable when that period or account ends.

13. Changes to the Services and these Terms

We may improve, update, add, limit, or discontinue features. We will use reasonable efforts to provide notice when a material change is likely to substantially reduce core paid functionality.

We may update these Terms. If a change is material, we will provide reasonable notice by email, in-product notice, or another appropriate method. Changes apply prospectively from their stated effective date. Your continued use after the effective date constitutes acceptance where permitted by law.

If you do not agree to a material change, you may stop using the Services and complete the cancellation process. Amounts already paid remain subject to the Billing, Cancellation & Refund Policy.

14. Intellectual property

The Services, software, workflows, designs, text, graphics, logos, trademarks, documentation, training material, and other ResponsiBid content are owned by ResponsiBid or its licensors and protected by intellectual-property laws.

“ResponsiBid,” associated logos, and related marks are trademarks or service marks of Symphosize, LLC. These Terms do not grant permission to use our marks except as necessary to identify your authorized use of the Services.

If you provide ideas, suggestions, or feedback, you grant ResponsiBid a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without restriction or compensation. This does not transfer ownership of Customer Data.

15. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform or exercise rights under this agreement and will protect it using reasonable care.

Confidential Information does not include information that the receiving party can show was lawfully known without restriction, independently developed, publicly available through no breach, or lawfully received from another source without a confidentiality duty.

A party may disclose Confidential Information when required by law after providing notice where legally permitted.

16. Service availability, support, and security

We work to keep the Services available and secure, but no online service is uninterrupted or error-free. Maintenance, provider outages, internet failures, emergencies, security events, and other circumstances may affect availability.

We may perform scheduled or emergency maintenance and may temporarily limit functionality to protect the Services or Customer Data. Support methods and response expectations may vary by plan.

You acknowledge that internet transmission and storage carry inherent risk. We use reasonable safeguards, but we cannot guarantee that unauthorized access, loss, or corruption will never occur.

17. Suspension and termination

We may suspend or limit access if:

• fees are overdue or a payment fails;
• you breach this agreement;
• your use creates a security, legal, platform, or operational risk;
• suspension is required by law or a Third-Party Service; or
• we reasonably need to prevent harm.

When practical, we will provide notice and an opportunity to correct the issue.

You may terminate a paid subscription only through the process in the Billing, Cancellation & Refund Policy. Deleting an app, removing a payment method, stopping use, or telling a third party does not cancel your subscription.

Upon termination, your right to use the Services ends when the cancellation becomes effective and any paid access period expires, as applicable. Outstanding amounts remain due. Sections that by their nature should survive will survive, including payment obligations, intellectual property, confidentiality, disclaimers, liability limits, indemnity, dispute terms, and general provisions.

Canceled-account data is not guaranteed after six months of inactivity. You are responsible for exporting information you need before access ends.

18. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RESPONSIBID AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

RESPONSIBID DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY BUSINESS; THAT EVERY INTEGRATION OR AUTOMATION WILL OPERATE WITHOUT FAILURE; OR THAT USE OF THE SERVICES WILL PRODUCE A PARTICULAR BUSINESS RESULT, EXCEPT FOR THE EXPRESS 10-TO-1 ROI GUARANTEE SUBJECT TO ITS SEPARATE QUALIFICATIONS AND REMEDY.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPONSIBID AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPONSIBID’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID TO RESPONSIBID FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The limits in this section do not apply where prohibited by law and do not limit payment obligations or liability that cannot legally be limited.

20. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless ResponsiBid and its affiliates, officers, employees, and service providers from third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising from:

• Customer Data;
• your products, services, prices, quotes, communications, or business practices;
• your violation of law, these Terms, or another person’s rights; or
• use of the Services by you or your users in a manner not authorized by this agreement.

We will provide reasonable notice of an indemnified claim and allow you to control its defense, provided that you may not settle a claim in a way that admits fault by or imposes obligations on ResponsiBid without our written consent.

21. Governing law and venue

Arizona law governs this agreement without regard to conflict-of-law rules. The state courts located in Maricopa County, Arizona, and the federal courts for the District of Arizona will have exclusive jurisdiction over disputes arising from or relating to this agreement, and each party consents to those courts.

Before filing a claim, each party agrees to make a good-faith effort to resolve the dispute through written notice and direct discussion.

22. Notices

We may send operational and legal notices to the account owner or billing email, display them in the Services, or post them on our website where appropriate. You are responsible for keeping contact information current.

Legal notices to ResponsiBid must be sent to:

Support and cancellation requests should follow the contact methods in the Billing, Cancellation & Refund Policy.

23. General terms

Neither party may assign this agreement without the other party’s written consent, except that ResponsiBid may assign it in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets. Any prohibited assignment is void.

ResponsiBid is not liable for delay or failure caused by circumstances beyond its reasonable control.

The parties are independent contractors. This agreement does not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship.

If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. A waiver must be in writing and applies only to the specific instance. Headings are for convenience only.

This agreement is the entire agreement concerning its subject matter and replaces prior agreements or understandings concerning the same subject matter, except for an executed written amendment or Order Terms that expressly control.

Electronic acceptance and records have the same effect as paper signatures and records to the extent permitted by law. You may retain a copy of the version you accept and may request a paper copy before signing.

24. Contact

Questions about these Terms may be sent to legal@symphosize.com. Product support is available through the in-app support channel or at support@symphosize.com.