Terms of Service

Acceptance of Terms

Welcome to our email automation platform ("Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Repliably ("Company," "we," "us," or "our").

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, and contributors of content.

Service Description

Our platform provides email automation services that include:

• Integration with your Gmail account via the Gmail API
• Automated email sending and follow-up sequences
• AI-powered email content generation using GPT technology
• Contact management and organization
• Reply tracking and sequence management via webhooks
• Email scheduling and queue management

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Account Registration

Account Creation

To use our Service, you must:

• Create an account by providing accurate and complete information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Provide a valid email address that you own and control

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your account information remains accurate and up-to-date

Account Restrictions

• You may not create an account on behalf of another person without authorization
• You may not have more than one account unless expressly permitted
• You may not transfer or sell your account to another person
• You may not use false or misleading information when creating your account

Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Prohibited Activities

• Spam: To send unsolicited bulk emails, spam, or any form of harassment
• Illegal Content: To transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Phishing: To impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Malware: To transmit viruses, malware, or any other malicious code
• Privacy Violations: To violate the privacy rights or other rights of third parties
• Fraud: To engage in any fraudulent, deceptive, or misleading practices
• Intellectual Property: To infringe upon the intellectual property rights of others
• System Interference: To interfere with or disrupt the Service or servers/networks connected to the Service

Email Sending Restrictions & Legal Compliance

You are solely and completely responsible for ensuring your use of this platform complies with all applicable anti-spam laws, including:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Any other applicable local laws and regulations

Your Legal Obligations:

When using our platform, you are responsible for:

• Obtaining proper consent before sending emails to recipients
• Providing accurate sender identification in your emails
• Including a valid unsubscribe method in your email content if required by law (you must create and manage this yourself - our platform does not provide this)
• Honoring all opt-out requests, including manually removing recipients from sequences
• Using truthful subject lines and headers
• Maintaining your own records of consent and opt-outs

We do not monitor, enforce, or assist with your compliance. Failure to comply with applicable laws may result in legal action against you, suspension of your Gmail account by Google, and termination of your account with our Service.

Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

Gmail Integration Terms

Authorization

By connecting your Gmail account to our Service, you authorize us to:

• Access your Gmail account via the Gmail API
• Send emails on your behalf through your Gmail account
• Monitor your replies folder for response tracking
• Manage and modify scheduled emails in your sequences

Gmail API Compliance

Our use of the Gmail API is subject to the Google API Services User Data Policy, including the Limited Use requirements. You acknowledge that:

• Your Gmail data will only be used to provide the Service features you've requested
• We will not transfer your Gmail data to third parties except as necessary to provide the Service
• We will not use your Gmail data for advertising purposes

Your Gmail Responsibilities

You are solely responsible for:

• The content of emails sent through your Gmail account via our Service
• Compliance with Gmail's Terms of Service and Program Policies
• Maintaining the security of your Gmail account
• Any consequences resulting from emails sent through our Service

Revoking Access

You may revoke our access to your Gmail account at any time through your account settings or Google Account permissions. Revoking access will disable email sending and tracking features but will not terminate your account with our Service.

Your Content & Data

Ownership

You retain all ownership rights to the content you create, upload, or transmit through our Service, including:

• Email content and templates
• Contact information and lists
• Any other data you input into the platform

License to Us

By using our Service, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and transmit your content solely for the purpose of providing and improving the Service. This license ends when you delete your content or terminate your account.

AI-Generated Content

Content generated by our AI/GPT features:

• Is created based on your prompts and instructions
• Becomes your content once generated
• Is your responsibility to review before sending
• May not be unique and similar content could be generated for other users

Content Responsibility

You are solely responsible for:

• The accuracy, legality, and appropriateness of your content
• Ensuring you have necessary rights to use and share your content
• Reviewing AI-generated content before sending
• Any claims or legal issues arising from your content

Backup and Data Loss

While we implement backup procedures, you are responsible for maintaining your own backups of important data. We are not liable for any loss or corruption of your content.

Intellectual Property

Our Rights

The Service and its original content, features, and functionality are owned by Repliably and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, service marks, logos, and trade dress may not be used without our prior written permission. All other trademarks not owned by us that appear on the Service are the property of their respective owners.

Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove or alter any copyright, trademark, or other proprietary notices
• Use any robot, spider, scraper, or automated means to access the Service
• Frame or mirror any part of the Service

Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

Fees & Payment

Subscription Plans

Access to certain features of the Service may require payment of fees. Subscription plans and pricing are available on our website and may be changed at any time.

Payment Terms

• Billing: Subscription fees are billed in advance on a recurring basis (monthly, annually, etc.)
• Payment Method: You must provide a valid payment method and authorize us to charge it
• Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Price Changes: We may change our fees with 30 days' notice

Refunds

Except as required by law, all fees are non-refundable. We do not provide refunds or credits for partial months of service or unused features.

Late Payments

If payment fails, we may suspend your access to paid features until payment is received. Continued failure to pay may result in account termination.

Taxes

Fees do not include applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

Termination

Termination by You

You may terminate your account at any time by:

• Accessing your account settings and selecting the delete account option
• Contacting our support team

Upon termination, your right to use the Service will immediately cease. Subscription fees are non-refundable.

Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity

Effect of Termination

Upon termination:

• Your access to the Service will be immediately disabled
• Scheduled emails will be canceled
• Gmail API access will be revoked
• Your data will be deleted in accordance with our Privacy Policy
• Provisions that should survive termination (warranties, disclaimers, limitations of liability) will remain in effect

Data Export

We recommend exporting your data before terminating your account. After termination, we may not be able to recover your data.

Warranties & Disclaimers

As-Is Basis

We disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

AI-Generated Content

We make no warranties regarding AI-generated content, including:

• Accuracy, appropriateness, or quality of generated content
• Compliance with any specific style or requirements
• Freedom from errors, bias, or offensive content

You are solely responsible for reviewing and approving all AI-generated content before use.

Third-Party Services

We are not responsible for the availability, accuracy, or content of third-party services, including Gmail and OpenAI. Your use of such services is governed by their respective terms and policies.

Email Deliverability

We do not guarantee that emails sent through our Service will be delivered, accepted by recipients' mail servers, or not marked as spam. Email deliverability depends on many factors outside our control.

Limitation of Liability

Maximum Liability

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of:

• The amount you paid us in the twelve (12) months preceding the claim, or
• One hundred dollars ($100)

Basis of the Bargain

These limitations of liability reflect the allocation of risk between the parties. The limitations will apply even if any limited remedy fails of its essential purpose.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Repliably, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Content you submit, post, or transmit through the Service
• Emails sent through your Gmail account via our Service
• Any claim that your content caused damage to a third party
• Your violation of any laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion.

Notice of Changes

If we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Send you an email notification to your registered email address
• Display a prominent notice within the Service

Continued Use

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service.

Review Terms Regularly

We encourage you to review these Terms periodically. It is your responsibility to check these Terms for changes.

General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that either party may seek injunctive relief in court.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

Contact Information

If you have any questions about these Terms of Service, please contact us: