Terms & Conditions

Last Modified: September 30, 2024

Acceptance of the Terms of Use  

These terms of use are entered into by and between you and ReplyDesk LTD (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of ReplyDesk.com, including any content, functionality, and services offered on or through ReplyDesk.com (the “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://ReplyDesk.com/privacy-policy](https://ReplyDesk.com/privacy-policy), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

---

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

---

Accessing the Platform and Account Security  

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

- Making all arrangements necessary for you to have access to the Platform.

- Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details, including granting the Platform access to your eBay/Amazon or other applicable marketplace accounts. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for managing the confidentiality of your username, password, and other account details. You must notify us immediately of any unauthorized access or security breach related to your Platform account or any connected marketplace accounts. Failure to maintain the confidentiality of your account may result in the suspension or termination of your account and access to the Platform.

We reserve the right to disable any user name, password, or other identifiers if, in our opinion, you have violated any provision of these Terms of Use.

---

Intellectual Property Rights  

The Platform and its entire contents, features, and functionality (including 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 international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

- You may store files that are automatically cached by your Web browser for display enhancement purposes.

- You may print or download one copy of a reasonable number of pages of the Platform for your own personal use and not for further reproduction, publication, or distribution.

- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by our end-user license agreement for such applications.

- If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

- Modify copies of any materials from this site.

- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.

---

User Contributions  

The Platform may contain public areas that include message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Platform.

Any User Contributions you post to public sections of the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Any User Contributions posted or uploaded to private sections of the site will be considered confidential and proprietary. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, and distribute such material solely to provide you with the requested product or service.

You represent and warrant that:

- You own or control all rights in and to the User Contributions and have the right to grant the license above to us and our affiliates and service providers.

- All of your User Contributions comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness.

---

Monitoring and Enforcement; Termination  

We have the right to:

- Remove or refuse to post any User Contributions for any reason.

- Take any action with respect to any User Contribution that we deem necessary or appropriate if we believe that it violates the Terms of Use or could create liability for the Company.

- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property rights or privacy rights.

- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.

- Terminate or suspend your access to all or part of the Platform for any or no reason, including any violation of these Terms of Use.

We cannot review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

---

Copyright Policy  

We take claims of copyright infringement seriously. If you believe any material accessible on or from this Platform infringes your copyright, you may request the removal of those materials (or access to them) from the Platform by submitting a written notification to our designated copyright agent.

**Contact:**  

Lisa Adams
support@replydesk.com
Shlomo Ibn Gabirol ST 30 Tel Aviv-Yafo, 6407807 Israel.

Please ensure that your notification includes the necessary information as outlined by the United States Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

---

ReplyDesk: Data Deletion Policy

ReplyDesk is dedicated to safeguarding your personal data. If you request data deletion, we will ensure that all your personal data, account information, and any related details are removed from our systems within 30 days of your request or within 30 days of terminating the service. However, certain data may be archived in compliance with legal requirements and securely restricted from further processing.

To initiate a data deletion request, please contact:

---

Cancellation and Termination  

If either party chooses to downgrade or terminate a subscription, product, or service, the relevant subscription, product, or service will be terminated at the end of the current paid period. No refunds will be issued for payments already made unless specified otherwise in the refund policy.

Canceling a subscription that includes access to or a license to use a product or service will result in the immediate revocation of the license.

We offer a 30-day money-back guarantee for first-time subscription

charges. Additionally, there is a 24-hour grace period after annual subscription renewals in which users can request a refund. Requests made outside of this timeframe will result in your service being available until the end of your billing cycle but no refund will be provided.

---

Limitation on Liability  

**IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND**, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES.

This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

**THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.**

---

Indemnification  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

- Your violation of these Terms of Use,

- Your use of the Platform, including but not limited to your User Contributions,

- Any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use,

- Your use of any information obtained from the Platform.

---

Governing Law and Jurisdiction  

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising from or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Israel, without giving effect to any choice or conflict of law provision or rule (whether of Israel or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the courts of Israel, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

---

Arbitration  

At ReplyDesk’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying the law of Israel.

---

Limitation on Time to File Claims  

**ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR** after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

---

Waiver and Severability  

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

---

Entire Agreement  

The Terms of Use, along with our Privacy Policy, constitute the sole and entire agreement between you and ReplyDesk with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.

---

Your Comments and Concerns  

This website is operated by ReplyDesk LTD, 454 Tel Aviv, Israel.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@ReplyDesk.com.