Terms of Service

Last Revised: 21 May, 2024

Welcome to Reply Rocket and thanks for your interest in our Service!

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). These Terms of Use (the “Terms”) are a binding contract between you and Swishly Inc, the maker of Reply Rocket ("Swishly Inc", "Swishly", “Reply Rocket,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at replyrocketinfo@swishly.com. You must agree to and accept ALL of the Terms, or you don’t have the right to use the Services. Your using of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Description of Service

The Service provides users with suggested responses to email inquiries. The suggestions are generated by analyzing your past email history and identifying potentially relevant responses from previous interactions. The Service is intended to assist users in composing more efficient and effective email responses.

Terms of Use

By accessing or using the Service(s) you agree to be bound by these Terms. If you are using the Service(s) on behalf of an organisation or entity (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, “you” and “your” refers to you and that Organisation.

You may use the Service only if you can form a binding contract with Reply Rocket, and only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Reply Rocket may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Reply Rocket Fees, Pricing and Refunds

Reply Rocket currently uses a freemium based commercial model, meaning that some Reply Rocket services are free to use, with certain limitations. Reply Rocket provides, and will further provide, additional (optional) features and tools as upgradeable packages that are available for a monthly or annual subscription fee.

Reply Rocket continues to reserve the right to require payment of fees for certain or all services and features, including without limitation any tiered subscription based fees or once off charges. Reply Rocket will not require fees or back payment for the use of Reply Rocket for the duration that it was in Beta, nor will it necessarily EVER require payment for the basic use of the Service and/or Software, although the additional (clearly marked) subscription packages including new services and features may incur a monthly or annual subscription fee. Please see the current Reply Rocket pricing, on the main Reply Rocket Pricing webpage.

While you may cancel any Paid Subscription at any time, you won't be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU). We encourage you to make use of the free Trial or monthly billing options if you are not sure about annual billing. We aim to be fair and reasonable, so if you have chosen to cancel a subscription and believe that you might be entitled to a refund, please contact us and we will discuss refund terms. We will however not refund normal legitimate subscriptions.

Reply Rocket will update these Terms and Conditions and notify all users of any amendments to any fees or charges (before coming into effect) that may be incurred by the continued use of Reply Rocket.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

User Content and Data

  • You retain all ownership rights to your email content and data uploaded to the Service.
  • You grant us a non-exclusive, worldwide, royalty-free license to access, store, analyze, and process your email content and data solely for the purpose of providing and improving the Service.
  • We will take commercially reasonable measures to protect the confidentiality and security of your email content and data.

Use of the Content Available On Reply Rocket

  • The suggested responses are for informational purposes only and should not be considered legal advice.
  • We do not guarantee the accuracy, completeness, or effectiveness of the suggested responses.
  • You are solely responsible for reviewing and modifying the suggested responses before sending them as your own.
  • We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

User Conduct

  • You agree not to use the Service for any illegal or unauthorized purpose.
  • You are solely responsible for the content of your emails and the consequences of sending them.
  • You will not use the Service to transmit any harassing, abusive, defamatory, obscene, or threatening information.
  • You will not violate any intellectual property rights of others.

Limitation of Liability

We will not be liable for any damages arising from your use of the Service, including but not limited to, indirect, incidental, consequential, special, or punitive damages.

Our total liability to you for any claim arising out of or relating to the Service will not exceed the amount you paid to use the Service.

Acceptable Use Of Reply Rocket

Reply Rocket is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you may not, and must not attempt to do the following things:

  • use the Service for any unlawful purposes or for the promotion of illegal activities;
  • post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others (including any attempt, in any manner, to obtain the password, account, or other security information from any other user);
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
  • send unsolicited communications, promotions or advertisements, or spam (manually or through the use of auto-responders);
  • publish or link to malicious content intended to damage or disrupt another user’s Web Browser, Mobile device or Computer or to compromise a user’s privacy;
  • access, tamper with, or use non-public areas of the Service, Reply Rocket’s computer systems, or the technical delivery systems of Reply Rocket’s providers;
  • decompile, reverse engineer, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures , unless pre-approved as part of the Vulnerability Disclosure Program;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”, or “crawling”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service and its underlying infrastructure.

Additionally users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

The License To Use Reply Rocket

Subject to these Terms, Reply Rocket gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason. Some of our Services allow you to download client software ("Software") such as Mobile Apps, Web Browser Plugins/Extensions and or Computer Applications. To use the Software you must have a Mobile device, Operating System and/or Web Browser that is compatible with the Software. We do not warrant that the Software will be compatible with your Mobile device, Operating System or Web Browser. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software only for your own internal use on each of a, Mobile device, Computer or Web Browser owned or leased solely by you, for your exclusive use (for personal or work related activities).

You may not:

  • modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party;
  • make any copies of the Software;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or
  • delete the copyright and other proprietary rights notices on the Software.

You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your Mobile device, Computer or Web Browser. You agree to the automatic upgrading, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. This license is not a sale of the Software or any copy thereof, and Reply Rocket or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof).

Reply Rocket’s Intellectual Property and Copyrights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Reply Rocket and its licensors. The Service is protected by copyright, trademark, and other laws of the United States of America, and foreign countries. Nothing in the Terms gives you a right to use the Reply Rocket name or any of the Reply Rocket trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Reply Rocket, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Modifying and Terminating of Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop the Service altogether. You can stop using our Services at any time. Reply Rocket may also stop providing Services to you, or add or create new limits to our Services at any time.

Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Account termination may result in deletion of any Content associated with your account and stored by Reply Rocket systems, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership, or intellectual property rights, and terms regarding disputes between us.

We believe that you own your data and preserving your access to such data is important. If we discontinue our Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Reply Rocket and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.

No Warranty Provided

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Reply Rocket AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Reply Rocket, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Reply Rocket BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Reply Rocket ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Reply Rocket ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Reply Rocket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is hosted and run from facilities in the United States of America (USA). We make no representations that the Service is appropriate or available for use in any specific location. Those who access or use the Service from jurisdictions other than the USA do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.

Assignment of Terms, Rights and Obligations

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Reply Rocket’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Any attempted transfer or assignment by you will be null and void.

Disputes and Resolution Thereof

Ideally, if you have any concerns or complaint against Reply Rocket, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Reply Rocket, you agree to try to resolve the dispute informally by contacting replyrocketinfo@swishly.com. Reply Rocket will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.

In the unlikely event that Reply Rocket has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any urgent or interim relief which may be granted by a competent court) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), then such a dispute shall be submitted to confidential and binding arbitration in terms of the expedited rules of the American Arbitration Association (AAA)*. The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the supplementary procedures for Consumer Related Disputes, and the judgment on the award rendered by the arbitrator(s) will be final and may be entered in any court having jurisdiction thereof.

All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Reply Rocket are each waiving the right to participate in a class action. Additionally, it is agreed that all Claims must be commenced within one year of the alleged harm initially occurring, failure of which shall bar the Claim or any subsequent claim of substantively the same facts or occurrences from being accepted as valid, notwithstanding any statute of limitations or other law to the contrary.

Furthermore, is is expressly agreed that all arbitration shall be held in English, the location of the arbitration to be agreed between the parties, failing which it shall be held in Cupertino, CA, USA.

*For non-US based customers, any Claims arising out of or relating to this agreement shall be determined by arbitration administered by the international division of the AAA, the International Centre for Dispute Resolution (ICDR) in accordance with its International Expedited Procedures, the arbitration to be held in English, the location of the arbitration to be agreed between the parties, failing which it shall be held in Cupertino, CA, USA.

Miscellaneous Legal Terms

These Terms, together with any amendments and any additional agreements you may enter into with Reply Rocket in connection with the Service, will constitute the entire agreement between you and Reply Rocket concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Reply Rocket’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email notice or through posting of such notice on our website, as determined by us in our sole discretion.

Contact Us

If you have any questions about this Terms and Conditions, please contact us at replyrocketinfo@swishly.com.