Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the IronLine Response automated missed-call text-back and scheduling platform, including the website at ironlineresponse.com and all related services (collectively, the “Service”), operated by IronLine Response, Inc. (“IronLine,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

The Service is an enterprise software-as-a-service (SaaS) tool licensed to business entities and independent contractors, not to consumer end-users. By registering for or using the Service, you represent and warrant that you are entering into these Terms on behalf of a business entity or as an independent contractor, and that you have the authority to bind that entity to these Terms. The Service is not intended for personal, family, or household use, and we do not knowingly offer the Service to consumers for such purposes.

You must be at least 18 years of age and able to form a legally binding contract to use the Service. You agree to provide accurate, current, and complete information when registering an account, and to keep your account credentials secure. You are solely responsible for all activity that occurs under your account and for notifying us promptly of any unauthorized use.

Subject to your compliance with these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription. You may not: (a) copy, modify, distribute, sell, lease, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service; (c) access the Service in order to build a competing product or service; or (d) use the Service in any manner that could damage, disable, overload, or impair the Service or interfere with any other party's use.

You acknowledge and agree that you — not IronLine — are solely and fully responsible for obtaining and maintaining all required consents and opt-ins from each recipient before triggering any automated text message, missed-call text-back, reminder, or marketing campaign through the Service. This includes compliance with the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, the carrier-led A2P 10DLC messaging rules, and all other applicable telecommunications and consumer-protection laws and regulations.

IronLine acts solely as a technology service provider that transmits messages on your behalf at your direction. We do not initiate messages on our own behalf, we do not select recipients, and we do not determine the content of marketing messages. You represent and warrant that you have obtained all necessary prior express written consent from each recipient and that your use of the Service complies with all applicable laws. You agree to maintain records of consent for each recipient and to provide them upon request.

You agree to honor opt-out requests promptly, to suppress phone numbers that have opted out, and not to send messages to numbers on any applicable do-not-call list. We reserve the right to suspend or terminate message transmission if we believe, in our sole discretion, that your use may violate applicable law or carrier rules or may jeopardize our carrier relationships.

Recipients may opt out of text messages at any time by replying STOP to any message and may request help by replying HELP. Message and data rates may apply. The full terms governing SMS messaging — including opt-in, message frequency, opt-out, and help instructions — are set out in our SMS Terms & Conditions, available at ironlineresponse.com/sms-terms, which are incorporated into these Terms by reference. IronLine is registered as the message-sender for the Service's SMS features for carrier A2P 10DLC purposes.

You are responsible for the accuracy of the phone numbers and contact information you process through the Service, for the content of all messages you send, and for the legality of your communications. You may not use the Service to send unlawful, harassing, deceptive, or fraudulent messages, or to contact any person who has not consented to receive messages from you. You are responsible for configuring your service hours, availability, and scheduling settings.

You agree to pay all fees associated with your selected subscription plan as described on our pricing page or in your order. Fees are billed in advance on a recurring basis unless otherwise stated. Unless required by law, fees are non-refundable. We may change our fees upon reasonable notice; any change will take effect at the start of your next billing cycle following the notice. You authorize us to charge your payment method for all applicable fees.

We may offer a free trial of the Service for a limited period. Trial features may be limited, and we may suspend or terminate a trial at any time. Any unused portion of a trial is not refundable and does not roll over. After a trial, your selected paid plan will begin and your payment method will be charged unless you cancel before the trial ends.

These Terms begin when you first use the Service and continue until terminated. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of your current billing period and no further fees will be charged. We may suspend or terminate your access to the Service immediately, without notice, if you breach these Terms or if we believe your use poses a legal, security, or carrier-compliance risk. Upon termination, your license to use the Service ends and we may delete your data in accordance with our retention policy. Sections that by their nature should survive termination — including payment obligations, disclaimers, limitations of liability, indemnity, and dispute resolution — will survive.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IRONLINE AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IRONLINE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MISSED CALLS WILL ALWAYS BE DETECTED, THAT TEXT MESSAGES WILL ALWAYS BE DELIVERED, OR THAT AUTOMATED SCHEDULING WILL ALWAYS BE ACCURATE. TELECOMMUNICATION CARRIERS MAY BLOCK, FILTER, OR DELAY MESSAGES FOR REASONS OUTSIDE IRONLINE'S CONTROL, AND IRONLINE MAKES NO WARRANTY REGARDING CARRIER DELIVERY. NO ADVICE OR INFORMATION OBTAINED FROM IRONLINE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IRONLINE, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS REVENUE, LOSS OF GOODWILL, LOSS OF LEADS OR CLIENTS, MISSED CALLS, DROPPED CALLS, FAILED OR DELAYED MESSAGE DELIVERY, TELECOMMUNICATION CARRIER BLOCKS, ERRORS IN AUTOMATED SCHEDULING OR TEXTING, LOSS OR CORRUPTION OF DATA, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IRONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF IRONLINE AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, SHALL BE STRICTLY LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO IRONLINE FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS LESS. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT THE FEES CHARGED FOR THE SERVICE REFLECT THIS ALLOCATION OF RISK AND THESE LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND IRONLINE.

You agree to defend, indemnify, and hold harmless IronLine, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, settlements, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right, including any violation of the TCPA, CAN-SPAM, carrier messaging rules, or other telecommunications or consumer-protection laws; (d) your failure to obtain or maintain required consents or opt-ins from recipients; or (e) the content of any message you send through the Service. IronLine reserves the right, at its own expense, to assume the exclusive defense of any matter for which it is entitled to indemnification, in which case you will cooperate with us in asserting any available defenses.

The Service, including all software, content, features, and documentation, is owned by IronLine and its licensors and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license set forth above. IronLine, the IronLine Response name and logo, and related marks are trademarks of IronLine Response, Inc. You may not use our marks without our prior written consent.

Our collection and handling of information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. Your use of the Service is also subject to the Privacy Policy.

The Service relies on third-party telecommunication carriers, SMS gateway providers, and other infrastructure providers. We do not control these third parties and are not responsible for their acts or omissions, including carrier message blocking, filtering, throttling, or delivery failures. Carrier rules and requirements may change without notice and may affect the availability or functionality of the Service.

We may modify, suspend, or discontinue the Service, or any feature of it, at any time, with or without notice, and we will not be liable to you or any third party for any such modification, suspension, or discontinuance. We may update these Terms from time to time; the updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

These Terms and any dispute arising out of or relating to the Service or these Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles. The exclusive venue for any dispute not subject to arbitration under Section 18 shall be the state and federal courts located in Sacramento County, California, and each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection to venue or inconvenient forum.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that may be taken to small claims court, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or your use of the Service (collectively, a “Dispute”) shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, if you are a business entity, its Commercial Arbitration Rules) then in effect, by a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration shall take place in Sacramento County, California. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including the class-action waiver below.

YOU AND IRONLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. If a court determines that this class-action waiver is unenforceable as to a particular claim, then that claim must be brought in court and severed from arbitration; all other claims remain subject to arbitration.

You and IronLine agree that each will give the other written notice of any Dispute within 60 days of its arising so that the parties may attempt to resolve it informally. The statute of limitations and any applicable time-bar defenses shall be tolled while the parties attempt informal resolution.

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and IronLine regarding the Service and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

If you have questions about these Terms, contact us at:

IronLine Response, Inc.
Email: legal@ironlineresponse.com
Website: ironlineresponse.com