Terms and Conditions
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Last updated: Nov 12th, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms and Conditions:
* Application means the software program provided by the Company downloaded by You on any electronic device, named HighIQ CRM or is otherwise a product or service provided by High i.Q. LLC, it’s partners, or affiliates.
* Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
* Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of any amount of equity or shares, equity interest or other securities and or is entitled to vote for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or parts of our Service.
* Country refers to: Colorado, United States
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to High i.Q. LLC, 1001 Bannock Street #511, Denver, CO 80204.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Service refers to the Application.
* Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
* Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
* Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment :
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These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
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Subscription period :
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The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription, or services you utilize while using our platform.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Our:
$347 per month “Tier 1” or “AI Voice BOT” package,
$497 per month “+ Expired/Cancelled/FSBO” package,
$647 per month “Tier 2” or “+Facebook Ads” package,
and $1497 per month “Tier 3” or “Enterprise/Brokerage” package,
or any combination thereof, are month to month commitments starting at the date of first payment, in Good Consideration of the services and platforms We provide in Our Early Access, Promotional, Standard Pricing tiers or any other service agreements made between You and Us in writing, unless otherwise agreed upon in writing. By using our services, you accept and agree to these terms.
Subscription cancellations:
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You may cancel Your Subscription renewal by contacting the Company in writing 30 days prior to your next billing cycle. You will not receive a refund for the fees You already paid for Your current Subscription period.
If You are utilizing any subscription that requires a 6 or 12 month payment commitment or agreement, You must fulfill Your payment obligation before cancelling Your account. If You cancel Your account before the payment terms are fulfilled, the full remaining amount of Your monthly balance(s) becomes due immediately.
Billing
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You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and valid
payment method information.
Should automatic billing fail to occur for any reason, the Company will attempt to
automatically re-charge the payment information on file, and if we are unable
to collect the balance due, we may issue an electronic invoice indicating that You may be requested to proceed with manual payment , with a deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We reserve the right to cancel or revoke access to Our platform or any services
provided by Us, Our Partners or Affiliates at any time for any reason, including but
not limited to Non Payment.
Service Fees
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Other service fees may be charged if You choose to utilize them in Your subscription, or through any other written agreement made between You and Us. These service fees could include, but are not limited to, SMS/Text Messages, Voice Calling, or AI calling services, OpenAI usage, and premium API Calls or Webhook Triggers, and you agree to pay for the cost of these or any other fees incurred, chosen, requested or otherwise utilized by You:
Text and Phone:
Charged to customer:
Making Manual Calls: 0.028/min
Receiving Manual Calls: 0.017/min
Text Messages: 0.0158/segment
Bulk and Individual Outbound AI Calls: 0.11/min
$10 will give you about 355 outbound manual calls, 590 inbound calls, 635 SMS Segments
WorkFlow AI and Premium API Triggers:
API Triggers/workflow premium actions: 0.015
Workflow AI Triggers: 0.033
$10 will give you about 305 workflow ai triggers
Email Verification:
Charged to customer: 0.0033/EmailVerification
$10 will give you about 3030 EmailVerification
Bulk / Automated Emails:
Charged to customer: 0.0008/Email
$10 will give you about 12500 Emails
Fee Changes
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The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
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Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Furthermore, Setup/Activation Fees and any usage or “service fees” as outline above are non-refundable.
User Accounts
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When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
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The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
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Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service by notifying Us in writing. If You have a remaining balance due to a contract through these terms or any other separate agreement with Us, or have an outstanding balance from any other services You have used on Our platform, they will become due immediately and charged automatically upon the termination of Your account.
Limitation of Liability
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Notwithstanding any damages that You might incur, tangible or intangible,
and To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers, affiliates, directors, owners, employees, or managing members be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
By using Our system, You agree to observe and follow all consumer communication laws as set forth by Your Local, State, and Federal Government(s), including but not limited to FCC guidelines, including TCPA and “Do Not Call” List requirements or regulations. You agree that You solely are responsible for observing and ensuring compliance for any laws that may regulate anything regarding the use of Your client or lead lists, contact information, or any data that is entered into Our platform, or used in conjunction with any service that we render.
Furthermore, The Company, its suppliers, affiliates, directors, owners, employees, or managing members, shall not be in any way responsible, or held liable for any misuse of Our system, or other issues or legal matters including but not limited to FCC actions against You, TCPA fines or violations, or any other lawsuit that may be brought against You should you violate any laws, International, Federal, State, Local, or otherwise. You agree to hold Us harmless for any fines, penalties, or lawsuits that may arise by the use of Our system or services.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
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The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements or perceived expectations, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, SMS, e-mails, or other communications sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
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The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
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Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Arbitration: If talking it over doesn’t resolve the issue, either Party may compel to initiate 3rd party binding arbitration to be held in Colorado Springs, Colorado, and this Agreement will be interpreted based on the laws of the State of Colorado, regardless of any conflict of law issues that may arise.
Attorney’s Fees: Should litigation or arbitration be required for any reason including but not limited to payment default, or other contract breaches, each party agrees to pay their own legal costs, and other reasonable costs of such a dispute.
For European Union (EU) Users
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If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States
Federal Government End Use Provisions
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If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
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You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
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Severability
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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
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These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
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If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: https://highiq.io/support/