TERMS AND CONDITIONS FOR USE OF SITE AND SERVICES:
Please read the following terms for use of website and service (“agreement”) carefully. If you do not agree to any or all the terms of agreement, you are not allowed to access the website or use any of the services. By accessing or using our website and/or our services, you hereby agree to be bound by the all the terms stipulated herein below and incorporated herein by reference. It is the responsibility of user to read the agreement before proceeding to use this website. The term ‘you’, ‘user(s)’, ‘customer(s)’’ may have been used interchangeably in the agreement, however shall refer to mean the same. You should read, understand and review the agreement periodically for updates. We reserve the right to change, modify, add, or remove portions of this agreement at any time, at our sole discretion. Your continued use of our website will indicate your acceptance of this agreement (as amended from time to time).
IF YOU HAVE ANY QUESTIONS PLEASE CONTACT VIA support@revreply.com.
1. DEFINITION OF TERMS
1.1. "Website" refers to the website accessible via https://www.revreply.com/, https://app.revreply.com, as well as any subdomains of revreply.com.
1.2. "Services" refers to all the activities, features, functionalities, and operations provided by the Company through the Website as detailed out in the Agreement or as otherwise specified by the Company.
1.3. "You", “your”, “customer” or "user" refers to any individual, company, or other legal entity that accesses or uses the Website or the Services, whether as a visitor or as a registered user of Website.
1.4. "Subscriber" is a User who has registered as per the instructions on Website and may (as and if applicable) elected to receive updates, newsletters, or other regular information provided by us via email or other forms of communication.
1.5. "Company" refers to the legal entity namely RevGen Labs which owns and operates the Website and provides the Services.
1.6. "We", "us", or "our" refers to the Company, as defined above and these terms may have been used interchangeably in the Agreement however shall refer to mean the same.
2. ACCEPTANCE OF USER AGREEMENT
2.1 This Agreement is a legally binding document that shall govern the relationship between the Company with the user in relation to user’s access to, and use of, Website and its Services. You agree to use the Website only for lawful purposes and in accordance with these Agreements. You hereby represent and warrant that you are 18 years of age or older and have the legal authority to enter into these Agreement. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2.2 You agree to not use Website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Website, network or security features or to gain unauthorized access to our systems.
2.3 These Agreement sets out the terms upon which the Company has agreed to grant you the access to the Website. By using Website and subscribing or accessing on Website, you acknowledge that you have read, understood, and accepted these Agreement and you have the authority to act on behalf of any person or entity for whom you are using the Website, and you are deemed to have agreed to these Agreement on behalf of any entity for whom you use the Website
3. THE SERVICES
The Website is available only to individuals who are over eighteen (18) and can legally enter into binding contracts under all applicable laws. The Services allow persons who meet eligibility requirements to register, take surveys, and subscribe through the Website. Subscribers of the Website are eligible to participate, take surveys, and engage the Services. Subscribers may receive points, rewards, or other incentives for active participation in Services that Company may make available to them from time to time. This Website and Services is strictly not permissible to use/access for anyone under the age of eighteen (18).
4. RESTRICTIONS
4.1 By using the Website, you specifically agree not to be involved in any activity or transmit any information that, in our sole discretion:
a. Is illegal, or violates any federal, state, or local law or regulation.
b. Advocates illegal activity or discusses illegal activities with the intent to commit them.
c. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
d. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable.
e. Interferes with any other party’s use and enjoyment of the Website.
f. Attempts to impersonate another person or entity.
g. Is of a commercial nature in a way that violates these Agreement, including but not limited to, using the Website for spam, surveys, contests, pyramid schemes, or other advertising materials.
h. Falsely states, misrepresents, or conceals your affiliation with another person or entity.
i. Accesses or uses the Website account of a customer without such customer’s permission.
j. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment.
k. Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Website, or the servers or networks connected to the Website.
l. “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else.
m. Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords.
n. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Website, except as expressly permitted in these Agreement or by law, unless and then only to the extent permitted by applicable law without our consent.
o. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Website.
p. Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Website, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
q. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Website.
r. Downloads, distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Website, by any means except as provided for in these Agreement or with the prior written consent of the Website; or
s. Attempts to do any of the foregoing.
4.2 By Accessing or Using Our Website And Services, You Represent And Warrant That You Meet The Eligibility Requirements And Will Abide By The Terms Of This Agreement.
5. REGISTRATION OF ACCOUNT
To register/subscribe for the Website, you must complete and submit the details as specified on the Website. The information you must provide may include but is not limited to, your full name, email address, phone number, postal address, date of birth, and other essential information. You agree to provide true, current, accurate, and complete information during registration and also agree to update your personal information as necessary to maintain up to date information.
6. INTELLECTUAL PROPERTY, COPYRIGHT AND LIMITED LICENSE GRANT
6.1 The Website and its entire contents, features and functionality, all rights, titles, and interest in and to the Website (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement, copyright, thereof), are owned by the Company, its affiliates, its licensors and are protected by the applicable international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
6.2 As a user and participant of this Website, you get a revocable, non-exclusive, non-transferable, and limited license to use the Website and content in lieu of this Agreement. We may terminate this license at any time for any reason. You may use the Website on one computer for your own personal and non-commercial use. No part of this Website may be reproduced in any form either electronic or mechanical. Logos, information, content, design, text, graphics, and other files (collectively, the "content") are the property of the Company. This property is protected by US copyright law. You should never use, copy, emulate, clone, sell, modify, or transfer the content on the website for any reason.
6.3 All rights, title and interest in and to the Website will remain with and belong exclusively to us. You will not sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make Website content available to any third party.
6.4 You agree not to access Website by any means other than through the interface that is provided by Website to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of Website, or in any way reproduce or circumvent the presentation or navigational structure of Website, to obtain or attempt to obtain any content or other information through any means not made generally available through Website. Website reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Website on or through the Site or any service offered on or through Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
6.5 The Company name, Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
6.6 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Agreement is a breach of these Agreement and may violate copyright, trademark and other laws.
7. ACCESSING WEBSITE, SUSPENSION AND CANCELLATION OF ACCOUNT
7.1 We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.
7.2 You are responsible for: (i) making all arrangements necessary for you to have access to the Website and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Agreement and comply with them.
7.3 To access the Website or some of the resources it offers, you may be asked to provide certain registration details and in order to do so you will have to provide accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current and complete. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our privacy policy.
7.4 If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7.5 We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these agreement or the terms of any other arrangement you have entered into with company. You may not create another account if we have disabled your account unless you obtain our prior written consent.
Your subscription can be suspended if you:
· Do not follow the instructions given on the site
· Share incorrect information
7.6 If you feel your account has been incorrectly suspended or closed, you must contact us at support@revreply.com within sixty (60) days. You may attach any and all relevant information that offers evidence of the discrepancy. Upon receiving your request, we will notify you and share our final decision within thirty (30) days. The decision by Company with regards to account suspension or cancellation will be final.
7.7 You may cancel your account any time by going to our Website in your account section and your account will be immediately be canceled. You understand and agree that upon suspension or closing of your account, your right to access the Services will cease and any rewards or incentives in your account will be forfeited. We reserve the right to terminate your account at any time for any reason.
8. DISCLAIMER OF WARRANTIES
Your use of the services, including without limitation your use of any content, is at your sole risk. The services and all content are provided on an available basis. We and our affiliates, licensors, suppliers, directors, officers, agents, employees (collectively, "the providers") expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, firstness for a particular purpose, title., and non-infringement, neither Company nor any other providers warrant uninterrupted use, operation, or availability of the services or any content, or that any submission or transaction request you attempt using the services will be successful, uncorrupted or completed within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access to the content. No advice or recommendations whether oral or written obtained by you from the website or any other provider through or from the services will create any warranty regarding the services that are not expressly stated in this agreement. some jurisdictions may prohibit a disclaimer of warranties and you may have another right that varies from jurisdiction to jurisdiction.
9. LIMITATION OF LIABILITY
9.1 Neither Company nor any other providers will be liable for any indirect, incidental, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we or any other providers have been advised of the possibility of these damages), resulting from your access to or use of, or your inability to access or use the services or the content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
9.2 Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
10. INDEMNIFICATION
You will indemnify and hold harmless Company and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorney's fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party.
11. THIRD-PARTY CONTENT
Services may contain links or references to information, content, and services provided by third parties (collectively "Third-Party or Third-Party Content"). We do not monitor or have any control over Third-Party content. We do not endorse or adopt any Third-party Content and can make no guarantee as to its accuracy or completeness. We undertake no responsibility to update or review any Third-Party Content and do not represent or warrant the accuracy of any information contained in any Third-Party Content. You use any Third-Party Content contained therein at your own risk. Views expressed in Third Party Content are not endorsed by us.
12. PRIVACY & CONFIDENTIALITY
12.1 We may collect the registration data and obtain other information about you through the services. Please see our privacy policy for information regarding the collection, use, and disclosure of such information.
12.2 Our “Confidential Information” means (a) any written information, materials and other documents supplied by us related to the Website which we do not generally disclose publicly, (b) the Website services themselves, excluding any data you upload to the Website for processing; and (c) any other of our information that we may disclose in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Agreement between you and us.
12.3 Confidential Information shall not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Agreement; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.
12.4 Restricted Use and Nondisclosure. During and after the term, with respect to our Confidential Information you will: (a) use our Confidential Information solely for the purpose for which we provided it; (b) not disclose such Confidential Information to a third party; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that you protect your own Confidential Information of a similar nature.
12.5 Required Disclosure. If you are required by law to disclose our Confidential Information, you will give us prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process and assist us to obtain where reasonably available an order protecting our Confidential Information from public disclosure.
12.6 Ownership. Notwithstanding any other provision of these Agreement, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Agreement grants you any right, title or interest in or to any of our Confidential Information, except as provided in these Agreement. Any incorporation of our Confidential Information into any of your own materials will not render our Confidential Information non-confidential.
13. FEEDBACK
You acknowledge and agree that any comments, suggestions, ideas, questions, feedback, original or creative materials, and information provided by you to us, to the extent it is not user content, and will become the sole property of the Company. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise without compensation or acknowledgment to you. You grant a perpetual and irrevocable license to use such information and content for any purpose.
14. INDEPENDENT CONTRACTORS
You and Company are independent contracts for all purposes. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Website and/or Services.
15. LEGAL NOTICES
15.1 By accessing or using the Website or Services, you consent to receive electronic communications from Company. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Company sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
15.2 Company's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of the intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
15.3 This Agreement is governed by the laws of the State of California, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Website, Services or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the California Arbitration Act with the rules of American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted under the applicable law. Company may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the it's rights or property pending the completion of arbitration.
15.4 This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Company concerning the use of Website and Services. This Agreement supersedes all prior agreements or communications between you and us regarding the subject matter of this Agreement.
16. UPDATES TO THIS AGREEMENT
16.1 We may revise, modify, change and update any portion of these Agreement from time to time in our sole discretion and without prior notice. All changes are effective immediately when we post them.
16.2 Your continued use of the Website following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check our page from time to time so you are aware of any changes, as they are binding on you.
17. LINKS TO THIRD PARTY WEBSITE
17.1 Links from or to sites outside our Website are meant for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We do not review, endorse, approve or control, and are not responsible for any sites or resources linked from or to our Website, the content of those sites, the third parties named therein, or their products and services.
17.2 By accepting the integration of third-party services such as Gmail, Outlook, Smart Lead, or any other third-party inbox, you agree to allow our Website to access email content and perform scans to provide our service. We commit to accessing only the emails necessary for service delivery, based on the keywords and configurations you have set in your user preferences.
17.3 If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.
17.4 We assure our users that our Website and its services, including any integrated third-party services, will not delete, alter, or modify the existing emails in the user's email accounts. Our access is limited to scanning and analyzing email content based solely on user preferences and for the purpose of providing our services. We respect the integrity and privacy of your email data at all times, and clearly explain how we interact with your data.
18. LIMITATION OF LIABILITY
Liability cap. With the exception of any indemnification claim permitted under these agreement, to the maximum extent permitted by applicable law, in no event will the company be liable under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, indemnity, tort (including negligence), attorneys fees and costs, or otherwise, for damages which, in the aggregate, exceed the amount of the fees paid by you over a one month period preceding the claim, for the services which gave rise to such damages. To the maximum extent permitted by applicable law, in no event will the company be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, attorneys fees and costs, business interruption or loss of profits, business opportunities, or goodwill.
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Agreement or your use of the Website, including, but not limited to, your user content, any use of the Website’s content, services and products other than as expressly authorized in these Agreement or your use of any information obtained from the Website.
20. FORCE MAJEURE
The Company will not be liable to you for any delay or failure of services to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the Company. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity, pandemic, epidemic, quarantines, lockdowns, or delays by customer in providing required resources or support or performing any other requirements hereunder.
21. DISCLAIMED WARRANTIES
21.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
21.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
21.3 Your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website (including, but not limited to, the documentation) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
21.4 The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
21.5 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
22. Limited Use Disclosure
22.1 By using the Website, you agree to adhere to the transfer of information received from Google APIs to the any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
22.2 In addition, you agree to adhere to any other third party integrations you choose to utilize in the Website, including the third party integration's User Data Policies, as well as Limited Use Requirements.
23 AI Disclosure
23.1 We utilize OpenAI products such as variations of ChatGPT, to properly perform the AI services of our Website. This is a core feature of our service. By utilizing our Website, you agree the following information will be shared with Open AI and its products, such as ChatGPT:
· Your basic profile information, including First and Last Name, as well as email address.
· Your email content, selected based on the keywords you create in the persona, including sender email address, subject, body, and signature.
· Your calendar events, including existing appointment times, and open time slots available for meetings.
· Your Company as well as Product information, including product features, product pricing, and notable customers.
Note that for third party integrations, you will have the choice to select which integrations to share this data to the AI service. We will never share your data without your consent.
23.2 For more details on how we handle and protect your data, please refer to our Privacy Policy. Additionally, please review OpenAI's privacy policy for more information.
24. CONTACTING COMPANY
If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please write to us at support@revreply.com.
