Terms of Service

These Terms of Service ("Terms") are an agreement between you and the applicable ResQ entity identified on an Order Form or, if no entity is identified, Get ResQ Ltd., Get ResQ US Ltd., and their applicable subsidiaries (collectively, "ResQ," "ResQ AI," "we," "us," or "our"). These Terms govern your access to resqai.com and related websites (the "Site") and your purchase or use of ResQ products and services, including AI-assisted websites, managed advertising, Nora AI Receptionist, Customer Insights, related implementation, analytics, communications, and support services, and any other products or services we may offer, add, or modify from time to time (each individually a "Service" and collectively the "Services").

By accessing the Site, creating an account, signing an Order Form, clicking to accept, or using the Services, you agree to these Terms. If you accept on behalf of a business, you represent that you have authority to bind that business. If you do not agree, do not use the Site or Services.

PART I — WEBSITE TERMS OF USE

1. Eligibility and Business Use

The Site is intended for business users who are at least 18 years old or the age of legal majority where they live and are legally able to enter a binding agreement. You may use the Site only for lawful business purposes and in accordance with these Terms.

2. Informational Content

Site content is provided for general information and does not constitute legal, accounting, financial, employment, safety, or other professional advice. Growth Scores, estimates, benchmarks, projections, examples, and recommendations are informational and may be based on assumptions or incomplete information. They are not guarantees of performance, savings, leads, revenue, ranking, or business outcomes.

3. Acceptable Website Use

You may not interfere with the Site; attempt unauthorized access; introduce malicious code; scrape or harvest information except as permitted by law and our written instructions; reverse engineer protected technology; impersonate another person; submit unlawful, misleading, infringing, or harmful material; copy, clone, mirror, frame, replicate, or create a derivative version of the Site or any part of its design, code, structure, or content; use the Site to violate another person's rights; or otherwise carry out any unlawful act.

4. Intellectual Property

The Site and its content, design, software, trademarks, logos, and other materials are owned by or licensed to ResQ and protected by law. Subject to these Terms, ResQ grants you a limited, revocable, nonexclusive, nontransferable right to access the Site for your internal business purposes. No other rights are granted.

5. Third-Party Links and Services

The Site may link to or integrate with third-party services. ResQ does not control and is not responsible for third-party services, terms, availability, security, or content. Your use of a third-party service may be governed by a separate agreement with that provider.

6. Privacy

Our Privacy Policy and Cookie Policy explain how we handle personal information and tracking technologies. By submitting information, you represent that it is accurate and that you have the right to provide it.

7. Site Availability

We may modify, suspend, restrict, or discontinue all or part of the Site at any time. We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.

PART II — CUSTOMER SERVICE TERMS

This Part applies when you purchase, subscribe to, receive, or use a Service as a ResQ customer ("Customer"). An "Order Form" means an ordering document, online checkout, statement of work, or other written order accepted by ResQ that identifies Services, fees, term, or other commercial details.

1. Agreement Structure and Priority

The agreement consists of the applicable Order Form, these Terms, any Data Processing Addendum ("DPA"), any service-specific terms or statement of work, and policies expressly incorporated by reference (collectively, the "Agreement"). If documents conflict, the order of precedence is: the Order Form; the DPA for personal-data matters; service-specific terms or statement of work; these Terms; and incorporated policies, unless a document expressly states otherwise.

An affiliate may purchase Services under its own Order Form. The ResQ entity signing or accepting that Order Form is responsible for providing those Services, and the customer entity identified there is responsible for its obligations.

2. Account Creation, Maintenance and Security

Certain Services and password-protected areas of the Site may require an account ("Account"). You may create an Account, or ResQ may create or provision an Account for you in connection with an Order Form. The creation, maintenance, access, and use of an Account are at all times subject to these Terms, the applicable Order Form, any applicable service-specific terms, and any other terms expressly incorporated into the Agreement.

You agree to provide complete, current, and accurate information in connection with your Account and to promptly update that information when it changes. If you create or use an Account on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms. The entity is responsible for ensuring that all individuals authorized to access or use its Account ("Authorized Users") comply with the Agreement.

Where you provide payment information in connection with an Account or an Order Form, you represent and warrant that the information you provide — including credit card, bank account, and billing details — is true, accurate, complete, and current, that you are authorized to use the payment method provided, and that you will promptly update that information if it changes or expires.

You are responsible for maintaining the confidentiality and security of your Account credentials, restricting access to the Account to Authorized Users, and using reasonable security practices to prevent unauthorized access. You must promptly notify ResQ through the applicable support channel or the contact information provided in these Terms if you know or reasonably suspect that an Account or its credentials have been lost, compromised, or used without authorization.

You may request closure of your Account through any functionality made available within the Account or by contacting ResQ. Closing an Account does not, by itself, cancel an Order Form, terminate a subscription, relieve you of any payment or other outstanding obligations, or require ResQ to delete information that it is permitted or required to retain. Personal information associated with an Account will be handled in accordance with ResQ's Privacy Policy and, where applicable, its Cookie Policy and Data Processing Addendum.

ResQ may restrict, suspend, or terminate access to an Account as permitted by these Terms, including in response to suspected unauthorized access, non-payment, a breach of the Agreement, unlawful or fraudulent activity, a material security or legal risk, or otherwise in accordance with ResQ's terms and conditions then in place. Where reasonably practicable, ResQ will provide notice and limit the restriction or suspension to the affected Account or use.

3. Customer Responsibilities

Customer will provide timely access, approvals, content, instructions, platform permissions, business rules, licenses, and cooperation reasonably needed to provide the Services, and remains responsible for activity under its Accounts.

Customer is responsible for its business operations, services, pricing, licenses, permits, claims, customer communications, appointments, dispatch, work quality, legal compliance, and decisions made using the Services. ResQ does not provide trade services and is not responsible for Customer's performance for its customers.

4. Orders, Fees, Taxes and Payment

Customer will pay the fees, advertising spend, taxes, and other amounts specified in the Order Form. Unless stated otherwise, fees are quoted in the currency shown on the Order Form, are due in advance, and are non-refundable except as expressly provided in the Agreement or required by law. Customer must dispute an invoice in writing no later than 30 days after the invoice date; otherwise the invoice will be irrevocably deemed accepted, except where prohibited by law.

Managed-advertising fees may be calculated as a percentage of advertising spend as stated in the Order Form. Advertising spend, platform charges, taxes, credits, invalid-click adjustments, and currency effects are handled as stated in the Order Form. Customer authorizes ResQ and applicable providers to charge the designated payment method for amounts due.

Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum lawful rate. ResQ may suspend Services for nonpayment after providing reasonable written notice. Customer is responsible for applicable sales, use, value-added, and similar taxes, excluding taxes on ResQ's net income. If Customer pays by credit card, ACH, EFT, or another electronic method, Customer authorizes ResQ and its PCI-compliant payment processor to charge all amounts due and is responsible for chargebacks, returns, reversals, and associated fees except to the extent caused by ResQ's error.

5. Subscription Term, Renewal and Cancellation

The initial term and any renewal terms are stated in the Order Form. If the Order Form provides for automatic renewal, the subscription will renew for the stated period unless either party gives notice within the stated cancellation window. ResQ will provide any renewal or price-change notices required by law and as specifically provided for in the Order Form.

Customer may cancel its Services as described in the Order Form. Cancellation stops future renewal but does not refund amounts already paid or committed. Either party may terminate for a material breach that remains uncured seven (7) days after written notice, or sooner if the breach cannot be cured. A party may terminate immediately for insolvency, unlawful use, or a serious security or legal risk, subject to applicable law.

6. AI-Assisted Website Services

ResQ may design, generate, host, maintain, or support a Customer website using templates, software, artificial intelligence, and third-party services. Customer will review and approve material content and is responsible for the accuracy and legality of business claims, pricing, licenses, photographs, testimonials, accessibility information, privacy notices, and other Customer Content.

The Order Form will govern domain registration and ownership, hosting, maintenance, included revisions, migration rights, and what happens after termination. Unless the Order Form states otherwise, Customer retains ownership of a domain it owned before the Services and of its Customer Content. ResQ retains ownership of its platform, templates, software, workflows, reusable components, and know-how. Any professional services, custom development, or deliverables will be governed by the applicable Order Form or statement of work. Unless it expressly states otherwise, ResQ owns enhancements, modifications, configurations, and reusable technology created while providing professional services, while Customer retains ownership of its Customer Content.

Customer is responsible for providing legally-compliant privacy, cookie, and other notices for visitors to the Customer website. If ResQ provides templates or tools, they are not legal advice and Customer remains responsible for obtaining appropriate legal review.

7. Managed Advertising Services

Customer authorizes ResQ to access and manage agreed advertising, analytics, business-profile, and related accounts; create and modify campaigns; place tracking technologies; process lead and conversion data; and communicate with advertising platforms as reasonably necessary to provide the Services.

Customer controls and approves its advertising budget and is responsible for lawful and accurate claims, required disclosures, trademarks, offers, landing pages, service availability, licenses, and fulfillment. Advertising platforms may review, restrict, reject, suspend, or change campaigns or accounts. ResQ does not control platform auctions, policies, click validity, or availability.

ResQ does not guarantee impressions, clicks, leads, lead quality, rankings, conversion rates, cost per lead, customer acquisition costs, revenue, return on advertising spend, or other outcomes. Budgets and results may fluctuate depending on a variety of circumstances. Account ownership, administrative access, campaign assets, and transition assistance following termination will be governed by the Order Form.

8. Nora AI Receptionist

Nora uses artificial intelligence and telecommunications services to answer, route, transcribe, summarize, or assist with calls and related communications based on Customer's instructions and configuration. Customer will provide accurate business information, hours, service areas, pricing guidance, escalation rules, appointment rules, and scripts and will promptly update them.

AI responses, transcripts, summaries, classifications, and bookings may be incomplete, delayed, or inaccurate. Customer must maintain appropriate human oversight, review important information, and independently confirm appointments, pricing, safety-sensitive information, and service commitments. Nora is not an emergency service and must not be relied on for threats to life, health, property, public safety, or other emergencies. Customer will direct callers to 911 or the appropriate emergency service when necessary.

Customer is responsible for determining and implementing legally required notices and consents for AI interaction, call recording, transcription, telecommunications, and follow-up communications. ResQ may provide a standard disclosure, but Customer is responsible for any additional requirements arising from its jurisdiction, industry, configuration, or instructions.

Telephone numbers, number portability, call forwarding, usage allowances, overage charges, recordings, and retention are governed by the Order Form and applicable product documentation. Service may be affected by carrier outages, internet failures, third-party systems, caller behavior, background noise, or unsupported requests.

9. Customer Insights and Communications

Customer may provide customer contacts, job or transaction data, and communication history for analysis, segmentation, recommendations, and follow-up workflows. Customer represents that it has all rights, notices, consents, and legal bases needed to provide and use that information.

Customer is the sender of communications made on its behalf and is responsible for compliance with marketing, anti-spam, telemarketing, privacy, consumer-protection, and industry rules, including consent, identification, quiet hours, suppression lists, and unsubscribe or revocation requests. Customer will not instruct ResQ to contact a person unlawfully.

Insights and recommendations are informational. Customer is responsible for evaluating and acting on them, and ResQ does not guarantee accuracy, customer response, or financial results.

10. Customer Content and Data

"Customer Content" means data, content, materials, instructions, and personal information submitted to or processed through the Services by or for Customer. As between the parties, Customer retains its rights in Customer Content. Customer grants ResQ a nonexclusive, worldwide license during the Agreement to host, retain, aggregate, copy, transmit, modify, display, and otherwise process Customer Content as reasonably necessary to provide, secure, support, and improve the contracted Services and comply with law.

Customer represents that Customer Content and its instructions do not violate law, third-party rights, platform rules, or the Agreement. Customer will not provide sensitive personal information, protected health information, payment-card data, government identifiers, authentication credentials, or other restricted information unless expressly supported and agreed in writing. Customer will also comply with applicable export-control, sanctions, and import laws, including applicable U.S. and Canadian requirements.

ResQ's processing of personal information on Customer's behalf is governed by the DPA. ResQ will not sell Customer Content or use it for targeted advertising unrelated to Customer's Services. ResQ will not use Customer Content to train general-purpose third-party AI models unless expressly agreed in writing. ResQ may create and use aggregated or de-identified information derived from Customer Content for analytics, benchmarking, security, product improvement, and other lawful business purposes, provided it cannot reasonably identify Customer or an individual and ResQ does not attempt to re-identify it.

11. Privacy, Security and Compliance

Each party will comply with privacy and data-protection laws applicable to its own activities. Customer will provide legally required notices, obtain permissions and consents, honor individual rights, and configure the Services lawfully. ResQ will maintain reasonable administrative, technical, and organizational safeguards appropriate to the Services.

Customer acknowledges that no service is completely secure. Customer will use reasonable security practices, limit access to authorized users, and notify ResQ promptly of suspected compromise. Security incidents involving Customer Content will be handled under the DPA or, if no DPA applies, as required by law.

12. Acceptable Use

Customer and its users will not use the Services to violate law or third-party rights; send unlawful, deceptive, abusive, discriminatory, or unwanted communications; impersonate others; facilitate emergencies or safety-critical services without written approval; upload malware; probe or disrupt systems; bypass limits; reverse engineer protected components except where law permits; scrape or resell the Services; build a competing product using nonpublic features or output; or otherwise facilitate fraud.

ResQ may investigate suspected violations and suspend or restrict affected use when reasonably necessary to prevent harm, comply with law, or protect the Services, customers, or third parties. Where practicable, ResQ will notify Customer and limit the suspension to the affected use.

13. Intellectual Property and Feedback

ResQ and its licensors retain all rights in the Services, software, templates, models, designs, documentation, processes, analytics, and improvements, excluding Customer Content. Subject to the Agreement and payment of fees, ResQ grants Customer a limited, nonexclusive, nontransferable right during the subscription term to use the Services for its internal business operations.

If Customer provides feedback or suggestions, ResQ may use them without restriction or payment, provided ResQ does not publicly identify Customer as the source without permission.

14. Confidentiality

Each party may receive nonpublic information that should reasonably be understood as confidential. The receiving party will use it only to perform or exercise rights under the Agreement, protect it using reasonable care, and disclose it only to personnel and providers who need it and are bound by appropriate obligations. Confidential information excludes information lawfully known without restriction, independently developed, received lawfully from another source, or publicly available without breach.

A receiving party may disclose confidential information when legally required after giving advance notice where permitted and reasonable assistance at the disclosing party's expense. Each party acknowledges that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages are inadequate, and the affected party may seek injunctive or equitable relief in addition to other available remedies.

15. Third-Party Services

The Services may depend on advertising platforms, telecommunications carriers, AI providers, hosting services, payment processors, scheduling tools, and other third parties. Third-party services may be governed by separate terms and may change, suspend, or discontinue functionality. ResQ is not responsible for third-party services outside its reasonable control, but will remain responsible for its obligations under applicable law and the DPA.

16. Service Changes and Beta Features

ResQ may improve or modify the Services. We will not materially reduce core paid functionality during a current subscription term without reasonable notice, except where necessary for security, legal compliance, third-party changes, or prevention of harm. Preview, beta, or experimental features may be changed or discontinued at any time and are provided without service commitments unless stated otherwise.

17. Warranties and Disclaimers

Each party represents that it has authority to enter the Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RESQ DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND COLLATERAL WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, DATA INTEGRITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. RESQ DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THEY WILL PRODUCE ANY PARTICULAR BUSINESS, ADVERTISING, AI, SEARCH, LEAD, REVENUE, OR CUSTOMER OUTCOME. CUSTOMER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE AFFECTED SERVICES, EXCEPT WHERE THE AGREEMENT OR APPLICABLE LAW EXPRESSLY PROVIDES OTHERWISE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. This cap does not apply to Customer's payment obligations, either party's breach of confidentiality, indemnification obligations, infringement or misappropriation of intellectual property rights, fraud, gross negligence, willful misconduct, or liability that cannot lawfully be limited.

Nothing in the Agreement limits liability that cannot lawfully be limited.

19. Indemnification

Customer will defend and indemnify ResQ and its affiliates from third-party claims arising from Customer Content, Customer's products or trade services, unlawful or unauthorized communications, Customer's instructions or configuration, Customer's breach of the Agreement, or Customer's violation of law or third-party rights. Customer's aggregate indemnification obligation under this Section will not exceed two times (2x) the fees paid or payable by Customer during the 12 months preceding the claim, except for fraud, gross negligence, willful misconduct, or liabilities that cannot lawfully be limited.

ResQ will defend Customer from a third-party claim that Customer's authorized use of ResQ-owned technology infringes a patent, copyright, or trademark, and will pay finally awarded damages or approved settlements. ResQ may modify or replace the affected Service or terminate it and refund prepaid unused fees. This obligation does not apply to Customer Content, combinations not supplied by ResQ, unauthorized modifications, continued use after notice, or use contrary to the Agreement.

The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation, and allow control of the defense and settlement, except that no settlement may admit fault or impose nonmonetary obligations on the indemnified party without consent.

20. Suspension and Effect of Termination

Without limiting other remedies, ResQ may limit, suspend, or terminate affected Services and account access for nonpayment, breach, fraud, unlawful activity, infringement, security risk, potential legal liability, platform suspension, or conduct inconsistent with the Agreement or ResQ policies. ResQ may suspend for invoices more than 30 days past due. ResQ will provide reasonable notice where practicable unless immediate action is reasonably necessary to prevent harm, comply with law, or protect ResQ, any of its providers, customers, or third parties.

Customer may request export or return of Customer Content within 30 days after termination, subject to the Order Form and DPA. After that period, ResQ may delete Customer Content according to its retention practices, subject to legal obligations and backups. Domain transfer, website transition, telephone-number portability, advertising-account access, and transition assistance are governed by the Order Form and may require payment of outstanding amounts and reasonable transition fees. Where the Order Form does not prescribe a certain transition fee, that fee will be determined on a case-by-case basis having regard to the scope of the transition assistance requested.

Provisions that by their nature should survive will survive, including payment, ownership, confidentiality, disclaimers, limitations, indemnities, dispute terms, and accrued rights.

21. Publicity

ResQ may identify Customer by name and logo in ResQ customer lists and related factual references. ResQ will not use Customer's name, logo, testimonial, performance figures, or trademarks for a case study, endorsement, or other promotional campaign without Customer's prior permission, except for information Customer has already made public.

22. Governing Law and Disputes

The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws principles. A dispute involving a Customer located in Canada will be finally resolved by binding arbitration in Toronto, Ontario under the rules of the ADR Institute of Canada. A dispute involving a Customer located in the United States will be finally resolved by binding arbitration in Miami, Florida under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in English by one arbitrator.

Either party may seek temporary or injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims must be brought on an individual basis.

23. General

Customer may not assign or transfer the Agreement without ResQ's prior written consent, which will not be unreasonably withheld. ResQ may assign the Agreement, in whole or in part, to an affiliate or in connection with a merger, reorganization, financing, sale of assets, or other business transaction without Customer's consent. Any other assignment by ResQ may be made on notice to Customer. The parties are independent contractors, and the Agreement does not create a partnership, franchise, fiduciary, agency, or employment relationship.

Neither party is liable for delay caused by events beyond its commercially reasonable control, except payment obligations. Notices will be sent using the contact information in the Order Form and are effective as specified there. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. A waiver must be in writing and is not a continuing waiver.

ResQ may update these Terms by posting the revised Terms at resqai.com/terms (or a successor location ResQ identifies) or by notifying Customer electronically. Unless Customer accepts earlier, an update will take effect 10 business days after notice. Continued use after that period constitutes acceptance. If an update materially and adversely changes Customer's rights during a current paid term, Customer may terminate the affected Service without penalty by giving notice within 30 days, unless the change is required by law, security, or a third-party dependency. The Agreement is the entire agreement about its subject and supersedes prior discussions and proposals.

24. Contact

ResQ, 18 King Street East, Suite 1100, Toronto, Ontario M5C 1C4, Canada.

Legal notices email: privacy@getresq.com.

Privacy inquiries: privacy@getresq.com.