Terms of service

2.1 “Output Data” encompasses the database containing data and / or information and other business-related content, including but not limited to, performance and interaction metrics, infographics, email / texts, that the Company, either directly or indirectly, makes available to you through the Platform.

2.2. “Service(s)” means the services provided by the Company as set out in Clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.

2.3. “Submitted Data” encompasses a comprehensive range of information and / or data, including but not limited to data, information, text, recordings, images, emails, documents and other content or materials that you actively collect, submit, provide, transmit, or store while utilizing or for utilizing our Services. This term is not limited solely to new or ongoing submissions but also encompasses any data previously shared by you for the purpose of availing the Services. The composition and type of Submitted Data may vary, contingent upon the specific products, features, or functionalities of the Service you engage with, as well as your unique utilization patterns of such products or features.

3.1. User who is at least 18 (eighteen) years of age and who is legally permitted to enter into a contract may create an account and purchase the Services. In order to use the Platform and avail the Services, (a) you have to create an account (“Account”). You can create an Account by (a) signing up on the Platform with certain information such as name, and email ID along with any verification procedures required; or (b) if the Company provides such facility in the future, log in to the Platform by logging into your account with certain third-party social networking sites (“SNS”) (including but not limited to Google or Microsoft) (“Third Party Account”).

3.2. You can access the Platform through Third-Party Accounts by either (a) providing your Third-Party Account login information to us through the Platform; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account. By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account so that it is available on and through the Platform. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personal data that you post to your Third-Party Accounts will be available on and through your Account on the Platform.

3.3. You agree that you shall not have more than one account registered at any given time (which can be the Account or Third-Party Account). The Company reserves the right to suspend any such multiple accounts.

3.4. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted while registering your Account (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify the Company immediately of any unauthorized use of your password or any other breach of security. If you provide anyinformation that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that any information you have provided is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). In case of suspension or termination of your account, you shall not be entitled to claim refund of the fee for the period of suspension or termination.

4.1. Content Management: The Company: (a) provides a search and filter interface, which assists sales representatives of companies to find data that is most relevant to them; (b) creates metadata for each file for future discoverability of the file; (c) permits Users to upload files without worrying about folder structures; (d) permits Users to ask questions using comments to get details about files; and (e) permits Users to manage files together as a team.

4.2. Customer Engagement: The Company provides customer engagement statistics to the Users (for instance, by intimating the Users when any of their files are viewed by the potential target, providing KPIs such as the time spent on each page, etc.).

4.3. Connect with potential targets and close deals to increase sales: The Company, on the basis of Submitted Data, publicly available data and data collected by the Company from third-party data companies, provides simplified solutions to the Users to connect with potential targets and increase the top line. The Company, basis this analysis, also assists in connecting and engaging with the potential targets.

5.1. License to User: Subject to the User’s compliance with the Terms and Conditions, the Company grants a limited, conditional, revocable, non-transferable license to the User to use the Platform and Services during the term and to use the Output Data solely for the User’s personal use or internal business purposes, subject to the prohibitions and restrictions contained herein, as well as a license to store, print, download or make a copy of the Output Data, as allowed by the Platform. You have no right to resell or sublicense the license rights granted herein. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, Output Data, and / or Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions.

5.2. License to Feedback: Company is granted a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Platform or otherwise utilize any suggestions, enhancement requests, recommendations, or other feedback received from you.

5.3. License Restrictions: The User agrees that:

6.1. For detailed information on how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms and Conditions. If you create, transmit, submit, display or otherwise make available any information while using the Services, we assume that such information and / or data rightfully and legally belongs to you or you have such appropriate and full legal rights to share such third-party data with us.

6.2. We reserve the right to maintain, delete or destroy all information and materials posted, shared, provided, or uploaded through the Services pursuant to our internal record retention and / or destruction policies and in accordance with the applicable law.

6.3. You acknowledge and agree that we may preserve your information and information received and collected pursuant to your use of the Platform and the Services and may also disclose such information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; (e) protect the rights, property, or personal safety of the Platform, its users, or the public; or (f) the purpose as provided under our Privacy Policy.

6.4. If the User uses the portion of the Services whereby they require the Company to reach out to certain persons identified by the Users through the Platform using the contact details shared by the User, the User represents and warrants that the User is authorized to share such information with the Company and the User has obtained all necessary consents under data privacy laws from the persons, for the purpose of the Company reaching out to such persons. The User shall keep the Company Parties indemnified for any claims pursuant to the breach of this obligation by the User.

As a pre-condition of use, you undertake not to use the Services for any purpose that is prohibited by the Terms and Conditions; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. By way of example, and not as a limitation, you shall not (and shall not permit any third-party to) take any action that:

8.2. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that you may have violated the Terms and Conditions), or for no reason at all with or without notice to the User.

8.3. Furthermore, you shall not (directly or indirectly):

8.4. The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above in this Clause 8, be entitled to disable such information that is in contravention of this Clause 8. We shall also be entitled to preserve such information and associated records for at least 180 (one hundred and eighty) days for production to governmental authorities for investigation purposes.

9.1. All data and information shared by the Company with the User (including Output Data) shall be confidential information and the User shall keep such information confidential and protect such information from unauthorized use, access, or disclosure with the same level of care as it protects its own confidential information, but in no event less than reasonable care. Confidential information may only be used to exercise rights and perform obligations under these Terms and Conditions.

9.2. Disclosure of confidential information is limited to employees, representatives, and agents who need to know such information for the specified purposes and are bound by confidentiality obligations.

9.3. The confidentiality obligations shall not restrict disclosures to governmental authorities pursuant to a legitimate request for such information.

10.1. Warranties: You represent and warrant to us that:

10.2. License by User: By providing us any data and / or information (including Submitted Data), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, create derivate works from, translate, transmit, excerpt (in whole or in part), and distribute such Submitted Data (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Submitted Data, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Submitted Data, and you warrant that moral rights have not otherwise been asserted in your Submitted Data.

10.3. Data Security with respect to Submitted Data: Company employs reasonably appropriate technical and organizational measures to protect Submitted Data, designed to provide a level of security appropriate to the risk of processing Submitted Data.

11.1. Ownership of Website: The Platform, website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11.2. Ownership of Services: All right, title and interest in and to the Service (including the Output Data), including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with the Service, are owned by the Company. For instance, the Company owns any design or product features inherent in the Service, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way the Company has created, provided, displayed or made available for the Service. The Company names and logos are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the Company’s prior written permission.

11.3. Ownership of Submitted Data: As between User and the Company, all right, title and interest in and to any Submitted Data are owned by the User, subject to the licenses and permissions granted herein.

11.4. Use of Logo: By entering into these Terms and Conditions or using our Services, you hereby grant us a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute your company's logo solely for the purpose of identifying you as one of our valued customers in marketing materials, on our website, and in any other promotional activities.

12.1. In some countries or jurisdictions, consents, notices and permissions may be required for certain types of marketing or processing of personal information. User understands that the Company has not obtained any rights or consents on the User’s behalf: therefore, to the extent that any law or regulation may require that the User (in addition to the Company) provide notice or obtain consent in order to market to any person or process any person’s personal data, User agrees that the User shall obtain on User’s own behalf such notices or consents. Further, the Company does not provide any representation or warranty to the User regarding compliance with data privacy laws by the Company. To the extent that User is subject to the California Consumer Protection Act, i.e., the “CCPA” (and not exempted pursuant to certain exclusions for small businesses), User shall comply with the relevant disclosures required by the CCPA, including, as applicable a “Do Not Sell My Personal Information” disclosure and link.

12.2. You understand that and acknowledge that the Company is only a service provider and is not a data fiduciary (including correlated terms) for the purpose of applicable laws. The purpose and manner of use of data (including Output Data and Submitted Data) by the Company is determined by the User, on the basis of which the Company provides Services.

12.3. When interacting with the Services, you might handle Output Data that falls under diverse privacy regulation. In such instances, you undertake to handle this Output Data in compliance with the following:

13.1. The User may request and receive Output Data regarding European Union Residents (such as their name, job title, or contact information), which the Company refers to below as “EU Output Data”. If the User does so, the User agrees that the User will only use the Output Data as follows:

13.2. Further, when the User receives or uses EU Output Data, the User is the data controller of the EU Output Data that the User receives, and will comply with all obligations that data controllers have under the GDPR. To the extent the Company processes any personal data on the User’s behalf that is subject to the European General Data Protection Regulation (GDPR), in the provision of the Service hereunder, the User agrees and acknowledges that the Company may receive this information through Apollo.io APIs and in such case, the terms of the Data Processing Agreement of Apollo.io, which are hereby incorporated by reference, shall apply. If User is located in the European Union or the European Economic Area (including the U.K.), the Standard Contractual Clauses attached to or referenced in the Data Processing Agreement shall apply. The Company may modify the foregoing upon notice, where it deems it necessary to do so to ensure compliance with European law.

13.3. Notwithstanding anything herein (including any permissions granted by the Company herein), User is solely responsible for its own compliance with all applicable laws, and the Company makes no representation (and the User should not rely on any representation by the Company) regarding what European law might or might not require, with respect to data subject notices, consents and permissions.

14.1. You will be required to pay a fee to avail of the Services. In the event the User consumes credits under the payment made but the output remains undelivered, due to technical difficulties, the User may raise a ticket in the manner set out in these Terms and Conditions.

14.2. You will be required to the pay the fee through the payment mechanisms provided through the Platform which will be mentioned to you at the time of availing the Services. The Company ties up with third-party payment service providers to process payments (“Payment Service Providers”). You will be bound by the terms and conditions of the Payment Service Providers with respect to the processing of payments. You authorize the Company to share your information with the Payment Service Providers.

14.3. The Company does not guarantee the availability of any payment method and the Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed.

14.4. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.

14.5. The obligation to pay applicable taxes on the fee shall be that of the User. Goods and Services tax may be added to the price of purchases as deemed required by us.

15.1. Adherence to Applicable Regulations: Your engagement with the Service must align with all pertinent legal frameworks. Irrespective of any permissions we might extend, it remains your sole responsibility to interpret and conform to all relevant laws. We offer no assurances or interpretations regarding legal requirements, including data principal notifications or consents. It is essential to rely on your judgment and ensure compliance with applicable legislation.

15.2. You expressly understand and agree that:

16.1. You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following:

16.2. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences. You agree that the provisions in this section will survive any termination of your Account, these Terms and Conditions and / or your access to the Services.

17.1. No liability for conduct of third parties and users: You acknowledge and agree that the Company is not liable for the conduct of third parties on the Services, including any content or third-party services provided by such third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. You are solely responsible for all of your communications and interactions with other users of the Services. You understand that the Company does not make any attempt to verify the statements of users of the Services.

17.2. No SLA: You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay / unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:

17.3. Disclaimer of Certain Damages: You understand and agree that, to the fullest extent permitted by applicable law, in no event shall the Company Parties be liable for (a) any loss of profits, revenue or data, indirect, incidental, special or consequential damages arising out of or in connection with the Services, or (b) damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of the services, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory; or (c) your reliance on the Services; or (d) any matter beyond its reasonable control.

17.4. Release: The User hereby releases the Company Parties and their successors from claims, demands, any and all losses, damages, rights and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arises from the User’s use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms and Conditions or your use of the Services.

17.5. Cap on liability: Under no circumstances will the Company Parties be liable to you for more than the total amount paid to the Company by you for the use of the Service during the one-month period prior to the act, omission or occurrence giving rise to such liability.

18.1. In the event that the Company determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Services, the Company reserves the right to, in addition to any rights available to the Company hereunder or under applicable law, suspend or discontinue your registration(s) with any of the Services.

19.1. The Services may be accessed from countries around the world, subject to the applicable laws in such countries. This does not imply that the Company intends to provide such Services in your country. The Services are controlled and offered by the Company from India. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

19.2. Persons from countries with which India is not permitted to conduct trade are prohibited from using the Platform or the Services.

19.3. The User also agrees and acknowledges that where the data pertains to European Union Residents, the provisions of Clause 13 above shall apply.

20.1. Term: These Terms and Conditions will remain in full force and effect until terminated in accordance with these Terms and Conditions.

20.2. Termination of Services by the Company: The Company may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at the Company’s sole discretion, including for any use of the Services in violation of the Terms and Conditions. You agree that the Company shall not be liable to you or any third-party for any termination of your Account. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same Account, a different account or re-register under a new account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User.

20.3. Termination of Services by You: If you want to terminate your Account or the Terms and Conditions, you may do so by cancelling your Account.

20.4. Effect of Termination: Upon termination of any Service, your Account and right to use such Service will automatically terminate immediately. The Company will not have any liability whatsoever to you for any suspension or termination. Further, you will not be entitled to claim a refund for the unused portion of the Services. All provisions of these Terms and Conditions which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, governing law, dispute resolution and limitation of liability.

21.1. Due to the recurring nature of our subscriptions, refunds are not available on monthly or annual licenses once purchased. To ensure you make an informed decision, we highly recommend taking advantage of our free trial before committing to a paid plan.

21.1. Governing Law: These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. Subject to Clause 21.2, you and the Company agree to submit to the personal and exclusive jurisdiction of the state of and courts located at Bangalore, Karnataka, India.

21.2. Dispute Resolution: Any disputes shall first be resolved by reference to arbitration at the Company’s sole discretion. The arbitrator shall be appointed by the Company. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 (as applicable in India) for the time being in force, and / or any statutory modification or re-enactment thereof. The place and seat of arbitration shall be Hyderabad and the language of the arbitration shall be English. The award rendered shall be in writing and shall set out the facts of the dispute and the reasons for the arbitrator’s decision. The award shall apportion the costs of the arbitration as the arbitrator deems fair.

22.1. Amendment: These Terms and Conditions may be amended by the Company in its sole discretion at any time. When any change is made to the Terms and Conditions, the Company will make the copy of the amended Terms and Conditions available on the Platform and Services and by clicking on the ‘I Accept’ button with respect to the amended Terms and Conditions, you consent to and agree to be legally bound by such modified Terms and Conditions. Your continued use of the Services constitutes your acceptance of such change(s). If you do not agree to any change(s) after receiving a notice of such change(s), you may not be permitted to continue using the Services.

22.2. Access and Disclosure: The Company and its group companies may access or disclose information about you and users, including Submitted Data, to comply with the law, respond to lawful requests, legal processes, or prevent infringement of proprietary rights. Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement authorities at Company’s discretion.

22.3. Support: The Company offers support through such mechanisms as it may determine from time to time (for example, chat interface / ticketing system). In case you require any assistance or support, you may access the abovementioned support resources or contact our support by emailing at support@getreplies.ai and raise a ticket for your query therein. The Company shall take best possible efforts to address the complaint within 15 (fifteen) business days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval / discontent with the outcome / mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.

22.4. Grievance Redressal: Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention :    Arjun V. Shenoy
‍Email ID   :    grievance@lifex.cloud
‍Address    :    LIFEX Technologies India Private Limited,
No. 28, Singhvi House, V. S. Raju Road, R. V. Layout, Kumara Park West, Bangalore 560020, Karnataka, India.

22.5. No Assignment: These Terms and Conditions, and the User’s rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by the User without the Company’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.

22.6. Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

22.7. Choice of Language: It is the express wish of the parties that the agreement and all related documents have been drawn up in English.

22.8. Alerts by the Company: The Company provides you with multiple automatic alerts while providing Services. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third-party in reliance on an alert.

22.9. Notices: Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required / permitted by the Terms and Conditions, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

22.10. Waiver: Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

22.11. Entire Agreement: These Terms and Conditions is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

22.12. Severability: If any portion of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

22.13. Electronic Communications: The communications between the User and the Company may take place via electronic means, whether the User uses the Platform or the Services or send the Company e-mails, or whether the Company posts notices on the Platform or communicates with the User via e-mail. For contractual purposes, you: (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

22.14. Independent Contractors: No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.