This Document describes the terms on which Buzzard ("we", "us"), an AG (similar to a limited liability company) registered in Zug, Switzerland, offers you ("you" or "your") access to Replies (content and functionality of replies.io) provided by us.
Replies is a customer support tool which can receive messages through various channels. You have to acknowledge that Replies depends heavily on services connected through those channels (e.g. Gmail, Twitter, etc.). We try everything to not getting blocked and to import messages in a timely manner. But we can't guarantee that we support those channels forever and that messages appear immediately in Replies.
In order to use Replies, you must first agree to the Terms. You may not use Replies if you do not accept the Terms.
We own all rights, titles and interests in and of Replies and you agree that you will not copy, reproduce, alter, modify, or create derivative works from Replies.
We may choose to temporarily change the fees for promotions or for new Services. All our fees are quoted in U.S. Dollars.
You expressly understand and agree that:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REPLIES AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability.
Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so this limitation and exclusion may not apply to you.
We communicate with you either by email you provided us during the registration process or by doing a posting on the Replies site.
You can cancel your account at any time without a penalty. The "Settings > Team" section provides a simple no questions asked cancellation link. After you terminated, you may no longer have access to your data. You won't be charged again but you are responsible for whatever fees have already been incurred for the current billing period.
We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate Replies to anyone. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion (not closing list) are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
We reserve the right to modify or discontinue, temporarily or permanently, Replies with or without notice. You agree that we shall not be liable to you or to any third Party for any modification, suspension or discontinuance of Replies
All prices are subject to change upon 30 days notice (see sections Notices and Fees, Method of Payment) from us.
Our goal is to resolve a dispute quickly and cost effectively. You agree to first contact us directly to seek a resolution.
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its provisions governing conflicts of law. You agree that any claim or dispute you may have against us must be resolved by a court located in Zug, Switzerland. You hereby submit to the personal jurisdiction of the courts located within Zug, Switzerland for the purpose of litigating all such claims or disputes.
This Agreement is effective on July 14 2017 for current users, and upon acceptance for new users.