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Effective: June 8, 2020
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Aroy Innovation Co. Ltd. So please read them carefully.
ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.
1. Who can use the Services
No one under 12 years old is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
you can form a binding contract with Aroy Innovation Co. Ltd.
you are not a person who is barred from receiving the Services under the laws of the Hong Kong, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
you are not an actor in activities that are both mala prohibita (i.e., crime that is made illegal by legislation) and mala in se (i.e., crime that is inherently immoral or wrong).
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights we grant you
Aroy Innovation Co. Ltd. grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights you grant us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with.
We reserve the right to delete any content (i) which we think violates these Terms, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the content you create, upload, post, send, or store through the Services.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
4. The content of others
Much of the content on our Services is produced by users other than yourself. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Aroy Innovation Co. Ltd. reserves the right to remove any content that violates these Terms or the law, we do not review it.
Through these Terms, we make clear that we don't want the Services to be put to bad uses. But because we don't review content, we cannot guarantee that content on the Services will always conform to our Terms.
6. Respecting other people’s rights
Aroy Innovation Co. Ltd. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, harasses, or intimidates;
spams or solicits our users.
In short: You may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else in doing so.
You must also respect Aroy Innovation Co. Ltd.’s rights and adhere to the Brand Guidelines and any other brand guidelines published by Aroy Innovation Co. Ltd. You may not do any of the following (or enable anyone else to do so):
use branding, logos, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by the Brand Guidelines or other brand guidelines published by Aroy Innovation Co. Ltd.
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
7. Respecting copyright
Aroy Innovation Co. Ltd. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Aroy Innovation Co. Ltd. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it by emailing us.
If you file a notice to report suspected copyright infringement it must:
contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we might employ, or attempt to access areas or features of the Services that you are not authorised to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use Replyfast and drive. And never put yourself or others in harm’s way just to use Replyfast.
9 Your account
You are responsible for any activity that occurs in your AimMatic account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account when using our desktop class services. When using our apps that you download on the App Store®, iCloud securely stores each automatic Replyfast inbox—and keeps it updated across all your devices. This feature does not count against your iCloud storage allotment. To delete your inbox and messages, please email us.
By using the Services, you agree that, in addition to exercising common sense:
You will not create more than one account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your Replyfast account or a Replyfast link without our written permission.
You will not share your password.
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please reach out immediately to support.
10. Data charges and mobile phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
11. Third-party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Aroy Innovation Co. Ltd. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and termination
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand - but this won’t always be possible.
Though we hope you remain a lifelong Replyfast user you can terminate these Terms at any time and for any reason by deleting your account.
Aroy Innovation Co. Ltd. may also terminate these Terms with you if you fail to comply with these Terms or the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your key at any time for any reason.
Regardless of who terminates these Terms, both you and Aroy Innovation Co. Ltd. continue to be bound by Sections 3, 6, 9 and 12-21 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Aroy Innovation Co. Ltd. and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while Aroy Innovation Co. Ltd. attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
Aroy Innovation Co. Ltd., and it’s affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Aroy Innovation Co. Ltd., nor it’s affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
15. Limitation of liability
Aroy Innovation Co. Ltd., and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. In no event will Aroy Innovation Co. Ltd. or it’s affiliates’ aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount you paid Aroy Innovation Co. Ltd. in the last 12 months for any paid Services.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
16. Dispute resolution, arbitration
If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and Aroy Innovation Co. Ltd. agree that to the extent permitted by law, Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, which are incorporated by reference into this clause. The law of this arbitration clause shall be Hong Kong law, the number of arbitrators shall be one to be appointed by the HKIAC, the seat of arbitration shall be Hong Kong, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
17. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Aroy Innovation Co. Ltd. agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Hong Kong, unless this is prohibited by the laws of the country where you reside. You and Aroy Innovation Co. Ltd. consent to the exclusive jurisdiction of those courts.
18. Choice of law
The laws of Hong Kong govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of Hong Kong to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional terms for specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be presented to you before you access the relevant Services, then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
21. Final terms
These Terms make up the entire agreement between you and Aroy Innovation Co. Ltd. and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
Aroy Innovation Co. Ltd. welcomes comments, questions, concerns, or suggestions, please Send Us a Tweet or Call Us 24/7.
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