SmartEReply Terms and Conditions

Effective Date: April 10, 2024

AGREEMENT

Please Read These Terms of Use Carefully Before Using This Website

By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. The use of this website and services on this website provided by SmartEReply (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services"). SmartEReply is not a LinkedIn™ product. You understand that like any third-party software or tools, LinkedIn™ Corporation does not endorse the use of SmartEReply nor does LinkedIn™ Corporation have any association with SmartEReply.

Definitions

Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. SmartEReply, Company, Us, We, Our, Ours, and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

Assent & Acceptance

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

Your access to and use of this website, as well as all related websites operated by SmartEReply (which includes www.smartereply.com, smartereply.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.

For further information on our data practices, please visit our privacy policy at Privacy Policy.

Age Restriction

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

License To Use Website

The Company may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website or Services ("Company Materials").

Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with your use of the Website and Services. The SmartEReply paid license is non-refundable. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

User Obligations

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services.

You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.

When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.

Payments

All Services purchased are subject to a one-time payment per monthly or yearly subscription period. Payment can be made through various payment methods we have available, such as Visa, MasterCard, and American Express cards via Stripe.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Subscription Period

The Services, or some Services, are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the company cancels it.

Subscription Cancellations

You may cancel your subscription renewal either through your account settings page or by contacting the company. You will not receive a refund for the fees you already paid for your current subscription period, and you will be able to access the service until the end of your current subscription period.

Early Cancellation: You may choose to cancel your subscription early at your convenience provided that we will not provide any refunds of prepaid fees or unused subscription fees, and you will promptly pay all unpaid fees due through the end of the subscription term.

Billing

You shall provide the company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You will keep your contact information, billing information, and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your account. All payment obligations are non-cancellable and all amounts paid are non-refundable, except as specifically provided for in this agreement. All fees are due and payable in advance throughout the subscription term. If you purchase on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.

Fee Changes

The company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.

The company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Refunds

Except when required by law, paid subscription fees are non-refundable.

Certain refund requests for subscriptions may be considered by the company on a case-by-case basis and granted at the sole discretion of the company.

Free Trial

The company may, at its sole discretion, offer a subscription with a free trial for a limited period of time.

You may be required to enter your billing information in order to sign up for the free trial.

If you do enter your billing information when signing up for a free trial, you will not be charged by the company until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.

At any time and without notice, the company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

Promotions

Any promotions made available through the service may be governed by rules that are separate from these terms.

If you participate in any promotions, please review the applicable rules as well as our privacy policy. If the rules for a promotion conflict with these terms, the promotion rules will apply.

Copyright Policy and Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the service infringes copyright or any other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at durga@dcoder.ai and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.

You agree that the site itself, as well as all content, videos, training materials, products, services, and other materials, made available on the site by us or other third parties, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are maintained for your personal use and information by the Company, and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the site, excluding only the materials you provide. Subject to your compliance with these terms of use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the content of the site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at durga@dcoder.ai.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including the removal of the challenged content from the Service.

Indemnification

You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to: (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works, and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

Spam Policy

You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Third-Party Links & Content

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

Modification & Variation

The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

Service Interruptions

The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Term, Termination & Suspension

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

No Warranties

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that the Company is not liable for any such damage or loss.

Limitation On Liability

The Company is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred

($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

Not Affiliated With LinkedIn™

This app and site are in no way authorized by, endorsed by, or affiliated with LinkedIn™ or its subsidiaries. All references to LinkedIn™ and other trademarked properties are used in accordance with the Fair Use Doctrine and are not meant to imply that this app is a LinkedIn™ product for advertising or other commercial purposes.

Contact Us

If you have any questions about this Agreement, please feel free to contact us at durga@dcoder.ai

This document was last updated on April 10, 2024