Terms & Conditions
Last updated: Jun 6 2024
Welcome to Reply4Me, a communication assistant owned and operated by WAM Labs Inc., a company registered at 2810 N Church St, PMB 39370, Wilmington, Delaware 19802-4447, US (“we”, “us”, “our”).
These Terms of Use
(“Terms”) govern your access and use of our app, website, mobile applications, add-ons, plug-ins, and any other products or services we provide (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
We may change these Terms from time to time at our sole discretion. We will notify you of any changes by posting the updated Terms on our website or app. Your continued use of the Services after any changes means that you accept the updated Terms.
License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial purposes. This includes our website, mobile applications, add-ons, and plug-ins. You may not use the Services for any other purposes without our prior written consent.
You may not:
copy, modify, distribute, sell, lease, rent, or sublicense any part of the Services;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of any part of the Services;
interfere with or disrupt the operation or security of the Services or any network or system connected to them;
violate any applicable laws, regulations, or third-party rights in connection with your access or use of the Services;
use the Services in any manner that is harmful, abusive, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other forms of solicitation;
use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
use the Services to collect or store any personally identifiable information of other users without their express permission;
use the Services to infringe or violate our intellectual property rights or those of any third party; or
use the Services in any way that is not in accordance with these Terms.
We reserve the right to terminate your license and access to the Services at any time, especially in cases where we find suspicious, fraudulent, abusive usage of the platform, without notice or liability. We also reserve the right to ban, cancel, or suspend any account due to such activities. Furthermore, we have the right to modify, suspend, or discontinue the Services at any time for any reason, without notice or liability.
Intellectual Property Rights
We own and retain all rights, title, and interest in and to the Services and all related content, software, technology, data, and materials, including but not limited to any logos, trademarks, service marks, trade names, domain names, designs, graphics, text, images, audio, video, and sounds (collectively, the “Reply4Me (Content”). Nothing in these Terms grants you any rights or licenses to the Reply4Me Content, except as expressly provided herein. You acknowledge and agree that the Reply4Me Content is protected by applicable intellectual property laws and regulations.
You may not use the Reply4Me Content for any purpose other than as permitted by these Terms. You may not copy, reproduce, distribute, display, perform, transmit, modify, create derivative works from, or otherwise exploit any part of the Reply4Me Content without our prior written consent. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices that appear on or in the Reply4Me Content.
You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, copy, store, modify, distribute, display, perform, transmit, and create derivative works from any content that you submit, post, upload, or otherwise make available through the Services (“User Content”). You represent and warrant that you have all rights and permissions necessary to grant us such license and that your User Content does not infringe or violate any third-party rights. You are solely responsible for your User Content and assume all risks associated with it. We are not liable for any loss or damage arising from your User Content.
We do not claim ownership of your User Content. However, we may use your User Content for any purpose that is consistent with these Terms and our Privacy Policy, such as to provide, improve, and personalize the Services, to develop new products or services, to conduct research and analysis, to communicate with you, and to comply with legal obligations. We may also use your User Content to create aggregated or anonymized data that does not identify you or any other individual user.
We do not monitor, review, or endorse any User Content. However, we reserve the right to remove or modify any User Content that we deem to be in violation of these Terms, our policies, or any applicable laws, at our sole discretion and without notice. We also reserve the right to disclose any User Content as required by law or as necessary to protect our rights or the rights of others.
Privacy
We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy for more information on how we collect, use, share, and protect your personal information when you access or use the Services.
Disclaimer of Warranties
The Services are provided “as is” and “as available”, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
the warranty that the Services will meet your requirements, be uninterrupted, error-free, secure, or timely;
the warranty that the results obtained from the use of the Services will be accurate, reliable, or effective;
the warranty that any defects or errors in the Services will be corrected; and
the warranty that the Services are free of viruses or other harmful components.
You acknowledge and agree that your access and use of the Services are at your own risk and discretion. You are solely responsible for any damage or loss that may result from your access or use of the Services or your reliance on any information or content provided by the Services.
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your access or use of the Services, your inability to access or use the Services, any User Content, any Reply4Me Content, or any third-party content, products, or services accessed through the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
In no event will our total liability to you for all damages, losses, and causes of action arising from or relating to these Terms or your access or use of the Services exceed the amount paid by you for accessing or using the Services in the twelve months preceding the date of your claim or one hundred US dollars (USD 100), whichever is greater.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. Therefore, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or relating to:
your access or use of the Services;
your User Content;
your violation of these Terms;
your violation of any third-party rights; or
your violation of any applicable laws,
regardless of the form of action. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or your access or use of the Services will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware. You waive any objection to such jurisdiction and venue.
You agree that any claim or cause of action arising from or relating to these Terms or your access or use of the Services must be brought within one year after such claim or cause of action arose; otherwise such claim or cause of action is permanently barred.
You agree that any dispute arising from or relating to these Terms or your access or use of the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. You and we agree to waive any right to a jury trial or to participate in a class action. You and we agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. If any provision of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and the dispute will be resolved by a court of competent jurisdiction.
Notwithstanding the foregoing, you and we agree that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for any actual or threatened breach of these Terms or any infringement or violation of any intellectual property rights or other rights.
Content Sourcing and Limitation of Liability for Content
Our Services, especially the language learning modules (LLMs), utilize content sourced from various providers. None of the content presented to users through these LLMs is part of Reply4Me or generated directly by Reply4Me. As such, we do not assume responsibility or liability for the accuracy, quality, or any other aspect of this externally sourced content. By accepting these Terms and Conditions, users acknowledge and agree that Reply4Me is not responsible for any issues, inaccuracies, or disputes arising from the content provided via the LLMs, and that the user waives any claims related to such content against Reply4Me.
General
These Terms constitute the entire agreement between you and us regarding your access and use of the Services, whether you’re accessing them via our website, mobile application, add-on, plug-in, or any other medium. These Terms supersede any prior agreements, understandings, or representations, whether written or oral, relating to the same subject matter.
Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be modified to reflect the parties’ intention or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under these Terms without your prior written consent.
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You acknowledge and agree that you are not our representative, agent, employee, or partner, and that you have no authority to bind us in any way.
We may communicate with you electronically regarding the Services, such as by sending you notices, updates, or other information. You consent to receive such communications from us electronically and agree that such communications satisfy any legal requirement that such communications be in writing.
Subscription Fees and Trial Period
Paid Accounts: You can upgrade your free account to access paid features, converting your free account into a ‘paid account’. Your paid account will remain effective until it is cancelled or terminated under this Agreement, at which point your account will revert back to a free account. When you upgrade to a paid account, we will automatically bill you from the date you converted your account and on each periodic renewal (whether monthly or annually). If you cancel your paid account, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect, and any price change will apply to your next billing cycle. You can cancel your paid account at any time via your account page in the Software, which can be accessed at https://reply4me.com/account.
Automatic Billing Cycles: To ensure uninterrupted services, all subscriptions to Reply4Me (including all paid accounts) are renewed automatically using the credit card we have on file. All subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don’t cancel your Subscription, you authorize Reply4Me to automatically charge you the agreed price each month until you cancel the Subscription.
Renewal and Cancellation: Your applicable payment to Reply4Me will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at any time via your account page in the Software, which can be accessed at https://reply4me.com/account. The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.
Subscription Fees: In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third-party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies, and duties. For all versions of the Services, we reserve the right to charge a fee for features and/or uses currently made available free of charge in the future. Any failure to pay applicable charges may result in you not having access to some or all of the Services.
Trial Period: Reply4Me may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the subscription fees. Notwithstanding anything to the contrary in this agreement, to the maximum extent permitted by law, Reply4Me and its affiliates will have no warranty, indemnity, support, or other obligations or liabilities whatsoever, with respect to trial periods, and Reply4Me has the right to terminate a trial period at any time and for any reason.
Contact Us
If you have any questions, comments, or feedback about these Terms or the Services, please contact us at:
WAM Labs Inc.
2810 N Church St
PMB 39370
Wilmington, Delaware 19802-4447 US
Email: contact@reply4me.com
We appreciate hearing from you.