Terms of Service

1. Use of the Service

1.1Reply Orchard allows customers to automate moderation and AI-generated replies for social media comments and direct messages. You determine which social media accounts you connect to the Service and which moderation and automation settings you enable.

1.2To use Reply Orchard, you must register for an account. Once registered, you may log in and use the Service in accordance with your selected plan.

1.3You are responsible for safeguarding your account credentials and keeping your password confidential. Fluentjoy, Inc. may treat all activity conducted through your account as authorized by you. You are liable for such activity unless and until you notify us that your credentials have been compromised.

1.4Reply Orchard enables you to process personal data belonging to your customers, followers, and other end users. As between you and Fluentjoy, Inc., Fluentjoy, Inc. acts as a service provider/processor of such data, and you act as the controller. You agree to indemnify and hold Fluentjoy, Inc. harmless against third-party claims arising from your instructions regarding, or your use of, such personal data.

2. Acceptable Use

2.1You may not use the Service for any purpose that violates applicable law or regulation, including to store or transmit content that is defamatory, harassing, discriminatory, or otherwise unlawful.

2.2If Fluentjoy, Inc. discovers, or receives a credible complaint, that you have violated applicable law or this Agreement, we may take action to end the violation, including suspending or terminating your account.

2.3If, in Fluentjoy, Inc.'s reasonable opinion, the continued operation of our systems or those of third parties is jeopardized (for example, by excessive data transmission, a data leak, or malicious activity), we may take steps we deem reasonably necessary to end or prevent such harm.

2.4Fluentjoy, Inc. reserves the right to report unlawful activity conducted through the Service to the appropriate authorities.

2.5You agree to indemnify Fluentjoy, Inc. for damages we suffer as a result of your violation of this Agreement, and to hold us harmless from third-party claims arising out of such violation.

3. Availability and Maintenance

3.1Fluentjoy, Inc. maintains the Service on an ongoing basis. Where maintenance is reasonably expected to affect availability, we will schedule it for periods of relatively low usage where possible, and will provide advance notice when practicable. Emergency maintenance may occur at any time without prior notice.

3.2Fluentjoy, Inc. may modify or adapt the Service from time to time. We welcome feedback and suggestions, but decisions about which changes to implement remain at our sole discretion.

4. Intellectual Property

4.1The Service, the underlying software, and all content and materials on our website are the intellectual property of Fluentjoy, Inc. None of these may be copied or used without our prior written permission, except as permitted by applicable law.

4.2Content you store or process using the Service remains your property (or that of your suppliers or licensors). You grant Fluentjoy, Inc. a limited license to use such content solely to provide and improve the Service. You may terminate this license by deleting the content or closing your account.

4.3If you submit feedback, bug reports, or suggestions to us, you grant Fluentjoy, Inc. a perpetual, royalty-free license to use that feedback to improve the Service, unless you expressly mark it confidential.

4.4Fluentjoy, Inc. will not access content you store or transmit through the Service except as necessary to provide the Service, to respond to your support requests, or as required by law or a valid order of a competent authority. In such cases, we will limit access to what is reasonably necessary.

5. Subscriptions, Billing, and Cancellation

5.1We offer several subscription plans. Plan details, including pricing and usage limits, are available on our website. All fees are exclusive of any applicable taxes.

5.2To activate a paid subscription, you must provide valid payment details and select a plan. Payments are billed automatically at the start of each billing period (monthly or annually, depending on your plan) and will continue to renew until cancelled.

5.3Payment is accepted via credit or debit card, or other methods we may make available.

5.4Except as described in Section 5.6, fees already processed are non-refundable.

5.5You may cancel your subscription at any time from your account settings. Your account will remain active until the end of the billing period already paid for.

5.6You may cancel and request a refund by emailing [email protected] within 30 days of the applicable charge for subscriptions billed on a term longer than one month (for example, annual plans). We will process approved refunds within 5 business days. No refunds are available outside this window or for monthly plans.

5.7If we are unable to charge your payment method for a renewal, your account may be suspended or automatically cancelled after repeated failed payment attempts.

6. Data Retention

6.1Fluentjoy, Inc. stores data on your behalf in accordance with your subscription plan and the retention timeframes described in our Privacy Policy. Data exceeding the applicable retention period may be automatically deleted.

6.2Fluentjoy, Inc. does not provide archiving or backup services beyond what is described in our documentation. We may delete data that is no longer in active use and exceeds applicable retention periods. We disclaim any obligation to archive, store, or back up data beyond what is expressly stated.

7. Privacy and Data Protection

7.1Please refer to our Privacy Policy for details on our data practices. By using the Service, you acknowledge that you may process personal data belonging to your end users. You are solely responsible for obtaining any consents required from your end users and for complying with applicable data protection law with respect to your own use of the Service.

7.2You represent and warrant that you will comply with all applicable data protection and privacy laws, and you agree to indemnify us against third-party claims arising from your failure to do so.

7.3You are responsible for maintaining a privacy policy on your own website or social profiles that adequately discloses your use of the Service. Failure to do so may result in suspension or termination of your account.

8. Limitation of Liability

8.1To the maximum extent permitted by law, Fluentjoy, Inc., its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits or revenue, arising from your use of or inability to use the Service, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

8.2Fluentjoy, Inc.'s total aggregate liability under this Agreement will not exceed the amount you paid us in subscription fees during the 12 months preceding the claim.

9. Term and Termination

9.1This Agreement takes effect when you first use the Service and remains in effect until terminated by either party.

9.2Fluentjoy, Inc. may terminate this Agreement if your account has been inactive for 18 consecutive months, after first sending a reminder to the email address associated with your account.

9.3Either party may terminate this Agreement as described in Section 5. We may also suspend or terminate your account for violation of this Agreement.

10. Miscellaneous

10.1This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

10.2Except as otherwise required by mandatory applicable law, any dispute arising in connection with this Agreement will be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction there.

10.3Where this Agreement requires a statement to be made "in writing," a statement by email or through the Service is sufficient, provided the sender's authenticity and the integrity of the statement can be reasonably established.

10.4Fluentjoy, Inc.'s records of any communication or transaction will be treated as authentic unless you provide evidence to the contrary.

10.5If any provision of this Agreement is found invalid, the remainder will remain in full force, and the parties will negotiate a replacement provision that approximates the original intent.

10.6Fluentjoy, Inc. may assign its rights and obligations under this Agreement in connection with a merger, acquisition, or sale of assets related to Reply Orchard.

11. Contact

Fluentjoy, Inc., 9450 Southwest Gemini Drive, Beaverton, OR 97008, US

[email protected]