This Terms of Service agreement (the "Agreement") is between Smart-Replies (the "Company"), and you, (the "user" of Smart-Replies.com.
Purpose
The purpose of this Agreement is to establish the terms and conditions under which Smart-Replies will provide its services to the User.
Description of Services
Smart-Replies provides a service that replies to a business's reviews on its behalf. The User acknowledges and agrees that the services may change from time to time, at the sole discretion of the Company.
User Account
In order to access and use the services, the User may be required to create a user account. The User is responsible for maintaining the confidentiality of their account information and password, and for restricting access to their computer. The User agrees to accept responsibility for all activities that occur under their account.
User Conduct
The User agrees to use Smart-Replies only for lawful purposes and in accordance with this Agreement. The User agrees not to use Smart-Replies for any of the following:
Any illegal or unauthorized purpose
To transmit any viruses or other harmful software
To engage in spamming, phishing, or other malicious activities
To infringe on the intellectual property rights of the Company or others
To engage in any other activities that are harmful to Smart-Replies or its users
Proprietary Rights
The User acknowledges that all content and materials available on Smart-Replies.com, including but not limited to text, graphics, logos, icons, and images, are the property of the Company or its licensors, and are protected by applicable copyright and trademark laws.
The User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, in whole or in part.
Disclaimer of Warranty
THE USER EXPRESSLY AGREES THAT USE OF SMART-REPLIES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF THE USE OF SMART-REPLIES, OR THE INABILITY TO USE SMART-REPLIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USER'S USE OF SMART-REPLIES OR SMART-REPLIES.COM.
Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to the User's use of Smart-Replies or Smart-Replies.com.
Termination
This Agreement is effective until terminated by either party. The Company may, in its sole discretion, at any time terminate or suspend all or a portion of Smart-Replies, or the User's use of all or a portion of Smart-Replies, with or without notice and with or without cause.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company and governs the User's use of Smart-Replies.com, superseding any prior agreements between the User and the Company.
Changes to Agreement
The Company may make changes to this Agreement from time to time. The User is responsible for regularly reviewing this Agreement. Continued use of Smart-Replies following any changes to this Agreement constitutes acceptance of those changes.
Contact Information
If you have any questions or concerns regarding this Agreement, please contact the Company at: