Replio

Last updated 03/07/2024

Information Collection and Use

Welcome to Replio Limited ("Replio," "we," or "us"). These Terms of Service ("Terms") outline the relationship between Replio and you when you access and use our website (the "Website") and/or download, install, use, or purchase our proprietary software applications, including all related documentation, updates, upgrades, and any other services offered by Replio (the "Services").

1. Acceptance of Terms

By using our Services, you agree to be bound by these Terms, our Privacy Policy, Usage Policy, and Service Level Agreement (SLA). If you do not agree to these Terms, you are not permitted to use our Services.

1.1 Changes to Terms

We may update these Terms periodically. The "last updated" date at the top indicates the latest revision. It is your responsibility to review these Terms regularly. Continued use of the Services after changes indicates your acceptance of the updated Terms. We may modify or discontinue the Services, in whole or part, at any time without notice.

2. Eligibility

You may use the Services only if you have the legal capacity to form a binding contract with Replio. If you are using the Services on behalf of your employer, you represent that you have the authority to bind your employer to these Terms. You may not use the Services if you are a direct competitor of Replio without our prior written consen

3. Your Data

3.1 Definition

"Your Data" refers to any data and content stored or transmitted via the Services by you or on your behalf, including messages, files, and any other information you upload.

3.2 Permissions

To use the Services, you must link a third-party email account and grant us access to your data as necessary to provide the Services. You retain ownership of Your Data, and we do not claim any ownership rights. However, you grant us the rights necessary to transmit, store, and display Your Data to provide the Services.

3.3 Responsibilities

You are responsible for your conduct and content while using the Services, ensuring you have the necessary rights and permissions to comply with these Terms and avoid infringement on others' rights. You must also prevent unauthorized access to the Services and notify us of any such incidents promptly.

4. Account Security

You are responsible for maintaining the security of your account and all activities that occur under it. Notify Replio immediately of any unauthorized use of your account. You must use the Services only for lawful purposes and comply with all applicable laws and regulations.

5. Email Use

5.1 Anti-Spam Policy

You must not use the Services to send unsolicited commercial emails (spam). You are the sole sender of any email sent using the Services and must comply with the CAN-SPAM Act of 2003 and other applicable laws. Each email must include accurate sender identification and subject lines and, where required by law, your valid physical address.

6. Sharing and Privacy

6.1 Data Sharing

Your Data is visible only to you unless you choose to share it. Replio is not responsible for what others do with Your Data if you share it. When you contact Replio support, you grant permission for access to your account for support purposes.

6.2 Data Security

We implement safeguards to protect Your Data as described in our Privacy Policy. However, we cannot guarantee that Your Data will be free from loss or unauthorized access. Use secure connections and maintain backup copies of Your Data.

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

The Services are provided "as is" and "as available," without any warranties, express or implied. We disclaim all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Use the Services at your own risk.

7.2 Limitation of Liability

To the fullest extent permitted by law, Replio will not be liable for any indirect, special, incidental, punitive, or consequential damages, or for any loss of use, data, business, or profits. Our aggregate liability for all claims related to the Services will not exceed the greater of $20 or the amounts paid by you to Replio in the past three months.

8. Your Responsibilities

You must respect others' intellectual property rights and not use the Services to upload spyware or malicious software. You are responsible for maintaining and protecting Your Data and for updating your account information as needed.

8.2 Payment of Fees

You must pay all fees for the Services as specified. Our fees do not include taxes, and you are responsible for paying all applicable taxes.

9. Promotion and Advertising

You may promote your own websites but must not imply a joint effort with Replio. Prohibited advertising practices include spam, deceptive marketing, and misrepresenting your identity. Affiliates must adhere to our guidelines and cannot offer discounts on Replio products without approval.

10. Copyright and DMCA Policy

If you believe that material on Replio violates your copyright, notify us in accordance with our DMCA Policy.

11. Account Cancellation

11.1 Subscription and Refunds

Services are billed in advance and are non-refundable. Subscriptions auto-renew unless canceled before the renewal date. To cancel, contact our support team. Upon cancellation, all data may be deleted.

11.2 Refund Policy

Replio provides Services on a subscription basis, billed in advance. All payments are non-refundable, and we do not offer refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel your subscription, you will not receive a refund for any service already paid for. In case of any billing disputes or issues, please contact our support team for assistance.

12. Indemnification

You will indemnify Replio against any third-party claims related to Your Data, use of the Services, or violation of laws or these Terms. Replio will indemnify you for claims alleging that the Services infringe third-party intellectual property rights.

13. Miscellaneous

This Agreement constitutes the entire agreement between Replio and you. It is governed by the laws of Ireland. Any disputes will be resolved through arbitration in Dublin, Ireland. If any part of this Agreement is invalid, the remaining parts will remain in effect.

You may not assign your rights under this Agreement without Replio's consent. Replio may assign its rights without condition. This Agreement is binding on successors and permitted assigns.