Terms of Service
These terms are an agreement between Jason, doing business as ReplyClock ("ReplyClock," "we," "us") and the business that subscribes to, or requests a free snapshot of, ReplyClock's lead-response testing and scorecard service ("the Service"; the business is "you"). The Service is sold to businesses only, not to consumers for personal or household use. You accept these terms when you check out, sign an order, pay an invoice, or give us written permission to test your locations. The person accepting confirms they have authority to bind the business.
1. What we do
We send test inquiries to the business locations you choose, by web form and (on plans that include them) email and site chat. We record how and when each location replies, watch for replies for 7 days, and score them with our published rubric. You then get a scorecard as a web page and PDF. The plan you buy (Starter, Growth or Network) sets the number of locations, channels and tests per month, as described on replyclock.com at the time you subscribe or in a written order we both accept.
2. Written permission to test your locations
- We only test a client's locations after the client gives us written permission (email is fine) that lists the locations or the scope.
- You confirm that you have the authority to give that permission for those locations. That includes franchised or independently owned locations, if your agreements with them allow it. If you didn't have that authority, you're responsible for claims that result from tests we ran within the scope you gave us (see section 11).
- You decide whether to tell location staff in advance. We don't contact staff about tests unless you ask us to.
- Test inquiries ask a realistic service question. We never book appointments, make purchases, or reply after a location's first message. We never bypass CAPTCHAs or other security measures.
- We don't place phone calls or send texts as part of a test unless we agree that in writing. If a form requires a phone number, we enter a ReplyClock business number, not a real customer's number, and any callback or voicemail to that number may be recorded as part of the evidence.
3. Benchmarks of non-clients
We may send a single, clearly disclosed benchmark inquiry to businesses that aren't clients, including competitors you name for a benchmark, using a form or address those businesses publish for inquiries. Each such inquiry says it comes from ReplyClock and is a benchmark, not a customer request. We don't publish named results about non-clients without their consent, and we share a named benchmark only with the business it describes.
4. Your responsibilities
- Give us accurate location details and keep your permission scope current.
- Use scorecards to improve your own operations. Don't use a single test to discipline an individual employee.
- Comply with the laws and agreements that apply to how you use the results, including any franchise agreements.
- Pay the subscription fees when due.
5. Fees, automatic renewal and billing
- Automatic monthly renewal. Plans are billed monthly in advance, in US dollars, through our payment processor, Stripe. Your subscription renews automatically each month, and the payment method on file is charged the then-current plan fee on the same day each month, until you cancel.
- How to cancel. You can cancel at any time by emailing hello@replyclock.com or using the Stripe billing portal link if one is provided. Cancellation takes effect at the end of the current paid month. Details are in our Refund & Cancellation Policy.
- Price changes. Prices are as listed on replyclock.com when you subscribe. We'll email you at least 30 days before a price change, and the new price applies from your first billing date after that notice. You can cancel before then if you don't want to continue.
- Taxes. Prices don't include taxes. Any applicable sales or other taxes are added at checkout or on the invoice.
- Failed payments. If a payment fails, we may pause testing until it's resolved.
6. Free snapshot
The free 3-location snapshot is a one-time test with no charge and no obligation. We don't collect payment details for it, and it doesn't renew or turn into a paid plan unless you separately subscribe.
7. Results and accuracy
Scores reflect what we observed in specific tests on specific days, scored with the rubric version shown on each scorecard. We keep evidence so you can check every score. Results are a sample, not a guarantee of how a location handles every lead, and they aren't legal, HR or financial advice. If you think a score is wrong, tell us within 30 days of receiving the scorecard and we'll re-check it against the evidence and correct any error.
8. Ownership and use
You may use your scorecards and evidence freely within your organization, including sharing them with your franchisees and advisers. We keep all rights to our rubric, software, methods and report formats. We may use aggregated, de-identified data (data that doesn't name you, your locations or any person) to improve the Service and publish industry-level statistics. We won't name you as a client publicly without your permission.
9. Confidentiality
We keep your scorecards, location lists and evidence confidential. We share them only with you, with service providers who help us run the Service and are bound to keep them confidential, or where the law requires it.
10. Disclaimers and limitation of liability
- The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
- Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible.
- Each party's total liability for all claims relating to the Service is limited to the fees you paid us in the 3 months before the event giving rise to the claim (or $100 if you've only used the free snapshot).
- These limits don't apply to your obligation to pay fees, to your responsibilities under section 11, or to liability that the law doesn't allow to be limited.
11. Your responsibility for testing permission
You'll defend and indemnify ReplyClock against third-party claims (for example, from a franchisee or location operator) arising from tests we ran within the scope you authorized, if you didn't have the authority to authorize them, and you'll cover reasonable costs and damages from those claims.
12. Ending the Service
You can cancel at any time (see the Refund & Cancellation Policy). We may suspend or end the Service immediately if these terms are seriously breached, or with 30 days' notice for any reason, in which case we refund any prepaid fees for the unused period. Sections 7 through 11 and 13 continue to apply after the Service ends.
13. General
- Governing law and venue. These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute will be brought only in the state or federal courts located in Dallas County, Texas, and both parties consent to those courts' jurisdiction. Before filing any claim, each party agrees to try to resolve the dispute informally by email for at least 30 days.
- Changes to these terms. We may update these terms. We'll post the new version here and email active clients at least 30 days before a material change takes effect. If you keep your subscription after that date, the new terms apply; if you don't agree, you can cancel before then.
- Notices. We'll send notices to the email address on your account. You can send notices to hello@replyclock.com.
- Independent parties. We're an independent contractor. Nothing in these terms creates a partnership, employment or agency relationship.
- Assignment. Neither party may transfer these terms without the other's consent, except that we may transfer them to a successor business (for example, an LLC we form to run ReplyClock), with notice to you.
- Things outside our control. Neither party is responsible for delays caused by events beyond its reasonable control (other than payment obligations).
- Whole agreement. These terms, the Privacy Policy, the Refund & Cancellation Policy and any written order or permission scope we both accept are the whole agreement about the Service. If a written order conflicts with these terms, the order controls. If any part is unenforceable, the rest stays in effect. Not enforcing a term isn't a waiver of it.
Contact
Email: hello@replyclock.com (we aim to reply within 1 business day)
Phone: (817) 668-6981 (business line; if we miss your call, leave a voicemail)
Mail: Jason, doing business as ReplyClock, 539 W. Commerce St #6338, Dallas, TX 75208