Welcome to CustomerIQ, Inc.'s Terms of Service. These Terms of Service ("Terms") govern your access to and use of our website (getcustomeriq.com), mobile applications, APIs, and any other products, services, or features provided by CustomerIQ, Inc. (collectively, the "Service"). By accessing or using any part of the Service, you agree to be bound by these Terms.
Please read these Terms carefully, as they constitute a legal agreement between you and CustomerIQ, Inc. If you do not agree to these Terms, you may not access or use any part of the Service.
By accessing, using, or making a payment for any of the services provided by CustomerIQ, Inc., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
By using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are accessing or using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" will refer to both you and the entity you represent.
These Terms apply to all users of the Service, whether accessed via the web, mobile applications, third-party integrations, or APIs. If you have any questions or concerns about these Terms, please contact us at info@getcustomeriq.com.
You may use CustomerIQ's Service only if you are legally capable of forming a binding contract with us and on behalf of your organization, if applicable. Additionally, you must comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. To use our Service, you must be at least 18 years old or older, depending on the age of digital consent in your local jurisdiction. If you are unable to form a binding contract under applicable law, you must have your parent’s or legal guardian’s permission to use our Service. If you are a parent or legal guardian of a CustomerIQ user who is unable to form a binding contract under applicable law, you are agreeing to these Terms and you are responsible for such CustomerIQ user’s activity on our Service. CustomerIQ's Service is not available to any users who were previously removed from the Service.
Subject to your compliance with these Terms, you may access and use our Service during the Subscription Term, except as may be limited by your organization. Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit, or enable any third party to do any of the following:
Your account on CustomerIQ (your "CustomerIQ Account") gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of CustomerIQ Accounts for different types of users. You acknowledge and agree that you do not own your CustomerIQ Account.
You may not use another user’s CustomerIQ Account without such user’s permission. You are solely responsible for the activity that occurs on your CustomerIQ Account, and you must keep your CustomerIQ Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your CustomerIQ Account. Any individual with administrator-level access to your CustomerIQ Account can modify your CustomerIQ Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your CustomerIQ Account, or for any changes to your CustomerIQ Account, including your ability to access your CustomerIQ Account or Your Content (defined below), made by any individual with administrator-level access to your CustomerIQ Account.
You may control certain aspects of your CustomerIQ Account profile and how you interact with CustomerIQ by changing the settings in your settings page. If you provide us with your email address, we may use the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of CustomerIQ and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by logging into our preference center with the email address associated with your CustomerIQ Account, or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.
CustomerIQ acknowledges that any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through CustomerIQ ("Your Content") is owned by you or your licensors. For an organizational account, CustomerIQ may assume, in its sole discretion, that all of Your Content belongs to that organization. However, CustomerIQ reserves the right to retain, take possession of, delete, or deny you access to Your Content if it believes, in its sole discretion, that some or all of Your Content, or your use of CustomerIQ, violates these Terms.
By using CustomerIQ, you (on behalf of yourself and your organization, if applicable, and your other licensors) grant, and represent and warrant that you have all rights necessary to grant, CustomerIQ an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display Your Content: (i) to provide, maintain, improve, and optimize use of CustomerIQ; (ii) to perform such other actions as authorized by you in connection with your use of CustomerIQ; and (iii) for any other purpose consistent with the Privacy Policy.
If you are an individual using CustomerIQ on behalf of an organization and are collaborating with other employees or other individuals who have access to Your Content under your CustomerIQ account, or if you share Your Content with other individuals within or outside of such organization, the content on your CustomerIQ account that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within CustomerIQ) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.
You can remove Your Content from your CustomerIQ account by deleting it. However, in certain instances, some of Your Content may not be completely removed. CustomerIQ is not responsible or liable for the removal or deletion of any of Your Content, or any failure to remove or delete such content.
In connection with Your Content, you represent and warrant that: (i) you have all necessary rights, licenses, and consents to provide, receive, access, and/or use Your Content and any other content you provide, receive, access, and/or use through or in connection with CustomerIQ; and (ii) Your Content and our use thereof as contemplated by these Terms and our Service will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights.
CustomerIQ takes no responsibility and assumes no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on CustomerIQ. You shall be solely responsible and indemnify CustomerIQ for Your Content.
CustomerIQ agrees that Your Content will only be used for the purposes expressly outlined in this Agreement and the Privacy Policy. Your Content will not be shared, disclosed, or transferred to any third party or used for any purpose other than providing and improving the Service without your prior written consent, except as required by law.
During the applicable Subscription Term, if you comply with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable license to use our Software. This license is solely for your use of CustomerIQ in accordance with these Terms.
You can cancel your CustomerIQ Account anytime through your Account Settings page. However, we will be sorry to see you go. We may stop providing CustomerIQ, change CustomerIQ, or limit usage of CustomerIQ. We may temporarily or permanently suspend or terminate your access to CustomerIQ without notice, liability, or cause, including if we believe, in our sole discretion, that you violated any provision of these Terms. You will continue to be bound by these Terms even after termination.
We may offer certain product features on a trial basis, which we refer to as a "Product Trial." You may participate in any Product Trial, but you must adhere to these Terms and any additional terms and conditions made available by us. During Product Trials, you acknowledge that the features made available to you ("Trial Features") may contain bugs, errors, or omissions. Trial Features are provided for testing purposes only, and are not subject to any warranty, liability, indemnity, or performance obligations. Additionally, we may discontinue or revoke access to Trial Features at any time, without liability to you. Discontinuing Trial Features may affect your ability to access Your Content.
You acknowledge and agree that all materials and content displayed or made available on CustomerIQ, all software, algorithms, code, technology, and intellectual property underlying and included in or with CustomerIQ, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors' as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our Intellectual Property.
If you choose to submit any comments, feedback, or ideas about CustomerIQ, including how to improve our Service ("Feedback"), you agree that CustomerIQ will own any such Feedback. We are free to use the Feedback without any additional compensation to you and disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.
By accessing, using, or making a payment for any of the services provided by CustomerIQ, Inc., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
We may offer Subscription Plans that permit you to use specific aspects of CustomerIQ, either free of charge or for a fee. We reserve the right to change or update Subscription Plans in our sole discretion, including the addition or modification of fees and charges for existing Subscription Plans, as well as offering new features or services that may require additional fees. Any changes to a Subscription Plan's pricing or payment terms will take effect during the next billing cycle after we have notified you. Subscription Plans may include usage allotments for designated CustomerIQ features, and exceeding those allotments may result in additional fees that will be charged automatically to your Payment Method.
If you sign up for a paid Subscription Plan, you agree to pay the specified fees for as long as your CustomerIQ account is active. Subscription Plans may be offered for a set subscription period, and by purchasing a Subscription Plan, you agree to the pricing and payment terms specified at checkout or as posted on our website. You must provide us with a valid and accepted Payment Method, and by initiating a purchase transaction, you authorize us to charge your Payment Method in United States dollars, along with any applicable taxes and recurring charges as described below. You are responsible for paying all applicable taxes and payment-related fees. Stripe is currently our third-party payment processor, and by using CustomerIQ, you agree to be bound by Stripe's Services Agreement. If we are unable to charge your Payment Method, you will remain responsible for any outstanding amounts. All payments for transactions are non-refundable and non-transferable, except as otherwise expressly provided in these Terms.
Unless you cancel your Subscription Plan, it will automatically renew for the same length as the original subscription term. If you do not want your Subscription Plan to renew, you must cancel it before the end of the Subscription Term. By agreeing to these Terms and purchasing a Subscription Plan, you acknowledge that your plan has recurring payment features, and you accept responsibility for all recurring payment obligations prior to cancellation.
If we cancel or terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will provide a prorated refund for the remaining unused portion of your Subscription Term. If you cancel or terminate your Subscription Plan, your right to use CustomerIQ will continue until the end of your then-current Subscription Term and then terminate without further charges. If you live in the European Union or Turkey and cancel your Subscription Plan within 14 days of purchase, you will be eligible for a refund of any payments made for the canceled Subscription Term, and your right to use CustomerIQ will terminate immediately. However, if you cancel or terminate your Subscription Plan for any other reason, you will not receive a refund of any portion of fees paid for the then-current Subscription Term at the time of cancellation.
Late payments will be subject to a service charge equal to 1.5% per month of the amount due, or the maximum amount allowed by law, whichever is less, plus the costs of collection.
Credits that may accrue to your CustomerIQ Account will expire one year following their accrual or upon the expiration or termination of your account, whichever comes first. Credits have no currency or exchange value, are non-transferable, and are non-refundable.
We may provide software that allows you to access CustomerIQ through a compatible mobile device ("Mobile Applications"). Your wireless provider may charge you for mobile data usage related to the Mobile Applications, and you are responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use the Mobile Applications solely for your CustomerIQ account on one or more mobile devices owned or leased by you, in accordance with these Terms. You acknowledge that we may issue upgraded versions of the Mobile Applications from time to time and that we may automatically upgrade the version of the Mobile Applications that you use on your mobile device. You agree to these automatic upgrades and accept that these Terms apply to all upgrades. Any third-party code included in the Mobile Applications is subject to the applicable open source or third-party license agreement authorizing the use of that code. This license grant does not constitute a sale of the Mobile Applications or any copy thereof. We, or our third-party partners or suppliers, retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations under this license grant, except as expressly provided for in these Terms, is void.
If you obtain Mobile Applications from a third-party app store, such as the Apple App Store, you acknowledge and agree that: (i) these Terms are between you and us only, not with the third party; (ii) your use of the Mobile Applications must comply with the then-current terms and conditions of the app store from which you obtained the Mobile Applications; (iii) the third party only provides the app store from which you obtained the Mobile Applications; (iv) we are solely responsible for our Mobile Applications, not the third party; (v) the third party has no obligation or liability to you regarding the Mobile Applications or these Terms; and (vi) the third party is a third-party beneficiary of these Terms with respect to the Mobile Applications.
We take your privacy seriously at CustomerIQ. When you use our platform, you acknowledge and agree to the collection, use, and disclosure of your personal information and aggregate and/or anonymized data in accordance with our Privacy Policy, which you can find at www.getcustomeriq.com/privacy. You also acknowledge that your personal information may be collected, used, transferred, and processed in the United States. If you use our Service to process any personal data or personal information within Your Content, as defined by applicable privacy laws or regulations, we will do so in accordance with our Privacy Policy and any applicable Data Processing Addendum (DPA).
We take the security of Your Content seriously and have implemented measures to prevent accidental loss and unauthorized access, use, alteration, or disclosure of Your Content. However, please note that no security measure is foolproof, and we cannot guarantee that unauthorized third parties will never be able to access Your Content or use it for inappropriate purposes. Please be aware that internet technologies have inherent risks, and you provide Your Content at your own risk. For more detailed information about our security practices, please visit our Security Overview.
OUR SERVICE MAY PROVIDE LINKS TO THIRD-PARTY MATERIALS, AND WE MAY REFER YOU TO CERTAIN THIRD-PARTY SERVICES THAT CAN ENHANCE OR SUPPORT YOUR USE OF CUSTOMERIQ. IN ADDITION, SOME FEATURES OF OUR SERVICE MAY REQUIRE THE USE OF THIRD-PARTY SERVICES, SUCH AS SITES, INFORMATION, PRODUCTS, APPLICATIONS (INCLUDING APPLICATIONS AVAILABLE THROUGH THE CUSTOMERIQ MARKETPLACE), OR SERVICES ("THIRD-PARTY SERVICES"). PLEASE NOTE THAT IF YOU USE ANY THIRD-PARTY SERVICE, YOU ARE BOUND BY AND AGREE TO THE THIRD-PARTY'S TERMS OF SERVICE AND PRIVACY POLICY. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, EVEN IF WE PERFORM A REVIEW OF ITS FUNCTIONALITY OR SECURITY, SUCH AS AN APPLICATION DEVELOPED BY A THIRD PARTY AND MADE AVAILABLE THROUGH THE CUSTOMERIQ MARKETPLACE. IF YOU ACCESS A THIRD-PARTY SERVICE THROUGH OR WITH CUSTOMERIQ, OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE.
You agree to indemnify, defend, and hold us and our affiliates, agents, suppliers, or licensors (and our and their employees, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney’s fees) arising from: (i) your access to or use of CustomerIQ; (ii) your breach of any aspect of these Terms, including your breach of any of your representations and warranties; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content; (vi) your willful misconduct; or (vii) any third party’s access to or use of CustomerIQ with your account information or credentials.
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICE.
FEDERAL LAW, SOME STATES OR PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES YOU PAID TO US HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Either party may disclose confidential, proprietary, or non-public information to the other party in the course of their business relationship. The receiving party must protect and maintain the confidentiality of such information, using at least the same level of care it would use for its own confidential information. Confidential information does not include information that is generally available to the public, already known to the receiving party, or independently developed by the receiving party without using the disclosing party's confidential information.
The receiving party may only use the disclosing party's confidential information for purposes related to the business relationship between the parties or as authorized by these Terms. The receiving party may not disclose the disclosing party's confidential information to any third party except as required to perform its obligations under these Terms or with the disclosing party's prior written consent.
If the receiving party is required by law or legal process to disclose any confidential information, it must provide prior notice to the disclosing party to allow the disclosing party the opportunity to seek a protective order or other legal remedy.
Both parties acknowledge that a breach of this confidentiality provision may cause irreparable harm to the other party. Therefore, each party agrees that the other party is entitled to seek injunctive relief against any actual or threatened breaches of this confidentiality provision, without the need to show actual damages or the inadequacy of other legal remedies.
You agree that: (i) we will be deemed solely domiciled in the State of North Carolina; and (ii) our Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than North Carolina. These Terms will be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 12.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is determined not to apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Raleigh, North Carolina for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Raleigh, North Carolina is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section 12.2 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Service, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using our Service; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at info@getcustomeriq.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at info@getcustomeriq.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or Raleigh, North Carolina, unless you and we agree otherwise. If you are using CustomerIQ for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using CustomerIQ for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
IF THIS ARBITRATION AGREEMENT IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL BE SEVERED. SEVERANCE OF THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL HAVE NO IMPACT ON THE REMAINING PROVISIONS OF THE ARBITRATION AGREEMENT, WHICH SHALL REMAIN IN FORCE, OR THE PARTIES’ ABILITY TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT TO THE ARBITRATION AGREEMENT. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION/JURY TRIAL WAIVER IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, BECAUSE IT WOULD PREVENT YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF, THEN ANY DISPUTE REGARDING THE ENTITLEMENT TO SUCH RELIEF (AND ONLY THAT RELIEF) MUST BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION. ALL OTHER CLAIMS FOR RELIEF SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT SHALL BE ARBITRATED UNDER ITS TERMS, AND THE PARTIES AGREE THAT LITIGATION OF ANY DISPUTE REGARDING THE ENTITLEMENT TO PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If you are a "Governmental Entity", defined as the United States or any nation, state, municipality, or other political subdivision thereof, and any entity, body, agency, commission, department, board, bureau, or court, whether domestic, foreign, or multinational, exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government, and any employee or official thereof, this section applies to you. CustomerIQ is considered "commercial computer software" under 48 C.F.R. § 2.101 and 48 C.F.R. § 252.227-7014(a)(1) for purposes of the United States government, and the Service is a "commercial service" under 48 C.F.R. § 2.101. The Service and related documentation are provided to all Governmental Entity customers and their users, subject to these Terms, with only those rights granted to all other customers and authorized users under the terms and conditions herein.
These Terms, including but not limited to Sections 3.3 (Renewals), 3.4 (Cancellations), 3.5 (Late Payments), 8 (Indemnity), 12 (Governing Law, Arbitration, and Class Action/Jury Trial Waiver), 17.1 (Assignment), apply to Governmental Entities and their authorized users except where prohibited by applicable law. If any provision or term herein is prohibited, the provision will be modified to conform to applicable law while giving maximum effect to the provision as written.
As a user of CustomerIQ, you acknowledge that our services may be subject to laws and regulations related to export control. Therefore, you agree to comply with all applicable laws and regulations, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, the International Traffic in Arms Regulations maintained by the U.S. State Department, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC).
By using CustomerIQ, you warrant that you are not located within, under the control of, or a resident of any country or territory subject to trade and economic sanctions or embargoes maintained by the United States government. Additionally, you warrant that you are not a person on any list of sanctioned individuals or entities maintained by OFAC or any other governmental entity. You agree that you will not make CustomerIQ available to any person who is subject to such sanctions or who is on such lists, and that you will not use CustomerIQ in violation of any applicable export control or trade sanction laws and regulations.
We may identify you as a CustomerIQ customer in our promotional materials. However, we will promptly stop doing so upon your request, which you may send by contacting our support team via email or chat.
CustomerIQ provides various interactive services, including chatbot and managed chat functionality. You agree that we may monitor and retain a transcript of all communications with you via these interactive tools in order to provide the tools and for quality and verification purposes. Your use of any of these tools is governed by these Terms and CustomerIQ’s Privacy Policy.
You may not transfer or assign these Terms, or any rights and licenses granted to you, without our prior written consent. We, however, may assign these Terms without any restrictions. Any attempted transfer or assignment that violates this provision will be considered null and void.
We may provide notifications to you through various means, such as email, written notice, or by posting the notice on our website. We will decide the form and method of providing notifications to you, except as required by applicable laws. You may opt-out of certain notifications as described in these Terms or our Privacy Policy. We will not be responsible for any automatic filtering applied to email notifications by you or your network provider. These Terms apply to your access and use of our Service from the beginning of such access or use, even if it started before the publication of these Terms. We may modify or update these Terms in our sole discretion and will indicate the last modified date at the top of this page. We will notify you of any material changes made to these Terms. If you continue to use our Service after we make changes to these Terms, it indicates your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or any future modifications to the Terms, you should not use or access CustomerIQ.
These Terms, together with any amendments and additional agreements that you enter into with us, constitute the entire agreement between you and us regarding CustomerIQ. Our employees or representatives are not authorized to modify or add to these Terms. Statements made by our employees or representatives will not apply to you or us or your use of CustomerIQ. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the remaining provisions of these Terms, which will remain in full force and effect, except that if the universal Class Action/Jury Trial Waiver is unenforceable, the entire arbitration agreement will be unenforceable.
Our failure to enforce any right or provision under these Terms will not constitute a waiver of such right or provision. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.
CustomerIQ Inc. is the provider of CustomerIQ. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to them at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by calling (800) 952-5210 or (916) 445-1254, in accordance with Cal. Civ. Code §1789.3.
If you have any questions regarding these Terms, you may contact us at hello@getcustomeriq.com