These Terms of Service apply to all users of the GetReplied Service. Please note that if you have executed a separate written agreement with Virtual Works Costa Rica S.A., regarding your use of certain GetReplied Services, that agreement and not these Terms of Service applies to those GetReplied Services. These Terms of Service (“Terms”) govern your use of Virtual Works Costa Rica S.A. (“Company”, GetReplied) web site located at https://www.getreplied.com (the “Site”) and the services that are made available through the Site (collectively, the “GetReplied Service”). Please read these Terms carefully. By using the GetReplied Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the GetReplied Service.
Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities. You agree not to use the GetReplied Service to violate any local, state, national, or international law or regulation.
Your Account Terms. You may not access the GetReplied Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current GetReplied Plan allows. The sharing of your GetReplied Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your GetReplied Account complies with these Terms. GetReplied is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your GetReplied account (even when Data is posted by others who have accounts under your Account). You may not use the GetReplied Service for any illegal or unauthorized purpose as described in the Terms of Use.
Questions and Quick Reply Buttons. GetReplied does not claim ownership of any information, data, text, messages, or other materials you submit or make available for inclusion on or through the GetReplied Service. As between GetReplied and you, you own all rights to your Questions and Quick Reply Buttons.
Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your GetReplied subscription will automatically renew at the end of each billing cycle until you cancel your GetReplied subscription. You can also cancel by emailing the GetReplied Support Team at help@getreplied.com.
Credit card details. If you have elected to pay the fees for a GetReplied subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, GetReplied may suspend or cancel your GetReplied subscription.
30 Day Money Back Policy. If for any reason you decide you want to cancel your account within 30 days of your first payment, we’ll issue a full refund. To do so, just email the GetReplied Support Team at help@getreplied.com.
Spam. You agree that you will not use the GetReplied Service or any question(s) and quick reply button(s) you create using the GetReplied for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a GetReplied question and quick reply button(s) as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Phishing. You agree that GetReplied may terminate your GetReplied Service immediately if a question purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information. You may not use the GetReplied Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, GetReplied does not sell or share or make available your questions and quick reply buttons data without your express permission.
Copyright Infringement. GetReplied respects the intellectual property rights of others. Accordingly, GetReplied has a policy of disabling access to any questions and quick reply buttons that violates copyright law, suspending access to the GetReplied Service to any user who uses the GetReplied Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the GetReplied Service in violation of copyright law.
Trademarks. All trademarks, service marks, logos and trade names appearing on any services which are part of the GetReplied Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the GetReplied Service, and all rights in such Trademarks is reserved by GetReplied or respective holders.
Payments. GetReplied offers payments through 2Checkout.com, Inc. (“2Checkout”), a third-party payment processor. In order for you to use 2Checkout’s payment processing services, you must register with 2Checkout as a merchant. The 2Checkout Terms of Service explain that process and are available here:
https://www.2checkout.com/legal/terms/. The 2Checkout Privacy Policy is available here:
https://www.2checkout.com/legal/privacy/. By accepting this agreement with GetReplied, you agree that you have reviewed the 2Checkout Terms of Service and Privacy Policy for the country in which you are located and agree to both. If you have questions regarding the 2Checkout Terms of Service or Privacy Policy, please refer to the 2Checkout website at
www.2checkout.com or contact 2Checkout at
https://www.2checkout.com/merchant-support/. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the GetReplied Service, and which we may add to the fees at the then applicable rates.
Termination. You agree that GetReplied may terminate your GetReplied Service membership or suspend your access to all or part of the GetReplied Service, without notice, if GetReplied determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that GetReplied shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the GetReplied Service. You may discontinue your participation in and access to the GetReplied Service at any time. Upon termination of this Agreement, for any reason, you agree to cease all use of the GetReplied Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Questions and Quick Reply Buttons Data.
Modifications To Terms. GetReplied may, in its sole and absolute discretion, change these Terms from time to time. GetReplied will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the GetReplied Service. Continued use of the GetReplied Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To GetReplied Service. Prices of all GetReplied Services, including but not limited to subscription plan fees to the GetReplied Service. GetReplied reserves the right to modify or discontinue the GetReplied Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the GetReplied website or the GetReplied Service itself. GetReplied shall not be liable to you or any third party should GetReplied exercise its right to modify or discontinue the GetReplied Service. GetReplied shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section. GetReplied shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications. By giving your email address to GetReplied you agree to receive administrative, announcements, newsletters, sales, and marketing emails from GetReplied. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links. GetReplied provision of a link to any other website or Internet resource is for your convenience only and does not signify GetReplied endorsement of such other website or resource or its contents. GetReplied shall have no responsibility or liability for any information, software, or materials found at any other website or Internet resource. GetReplied is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, GetReplied provides links to resources. GetReplied makes no representations as to the quality, suitability, functionality or legality of any websites to which GetReplied may provide links, and you hereby waives any claim you or the User may have against GetReplied with respect to any such websites. Unless you have a written agreement or a specific consent in effect with GetReplied which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that GetReplied is affiliated with any person or entity, or that GetReplied otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the GetReplied name and Trademarks; (c) all links to the Websites must “point” to the URL “www.getreplied.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website. Without limiting any of the above, GetReplied reserves the right to revoke its consent to any link to the GetReplied website, at any time in its sole discretion.
No Resale Of GetReplied Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Questions and Quick Reply Buttons, to which GetReplied agrees you retain all rights) of the GetReplied, use of the GetReplied Service, or access to the GetReplied Service.
Email Delivery. When someone clicks on a quick reply button, by default you’ll receive the answer as an email notification. GetReplied goes to great lengths to ensure successful delivery of emails. We cannot guarantee successful delivery of your email notifications. We recommend checking your Spam folder to make sure you did not miss any reply notifications.
Quick Reply Buttons Availability. GetReplied makes no warranty that quick reply buttons provided by GetReplied Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a quick reply button or unavailability of a quick reply button.
Disclaimer of Warranties. You understand and expressly agree that use of the GetReplied Service is at your sole risk. the GetReplied Service is provided on an “as is” and “as available” basis. GetReplied expressly disclaims all warranties of any kind, whether express or implied, with respect to the GetReplied Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). GetReplied makes no warranty that the GetReplied Service will meet your requirements, or that the GetReplied Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information obtained through the use of GetReplied is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from GetReplied or through the GetReplied Service shall create any warranty not expressly made herein.
Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will GetReplied or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the GetReplied Service.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that GetReplied may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GetReplied liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless GetReplied, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the GetReplied Service, (b) your (or anyone using your account’s) use of the GetReplied Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and GetReplied with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and GetReplied with respect to the subject matter hereof. These Terms and the relationship between you and GetReplied shall be governed by the laws of Costa Rica as applied to agreements made, entered into, and performed entirely in Costa Rica by Costa Rican residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the JotForm Service shall be brought in courts located in San Jose, Costa Rica, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of GetReplied to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of GetReplied and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GetReplied Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the GetReplied Service.
Third Party Vendors. The User may order or use services through the GetReplied from third parties not affiliated with GetReplied ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the GetReplied Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you. All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. GetReplied makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider GetReplied, nor will GetReplied be construed, as a party to, or a third party beneficiary of, such transactions, whether or not GetReplied may have received revenue or other remuneration in connection with the transaction. GetReplied will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
Privacy Policy. By using GetReplied Services you indicate acceptance of these terms and agree to our Privacy Policy. It is the policy of GetReplied to respect the privacy of all Users. Your use of the GetReplied Service as well as certain other information about you is subject to the terms and conditions of our
Privacy Policy, which is incorporated into these Terms by reference.
