Terms of Service

1. Acceptance of Terms

By accessing or using Replai (the "Service"), a product of Axcelarate LLC ("Axcelarate", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Replai is an AI-powered social media automation platform that enables businesses to automatically respond to comments and direct messages on TikTok, Instagram, and WhatsApp, capture and manage leads, and track performance analytics. The Service is provided on a subscription basis.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Accounts & Access

3.1 Account Registration

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.2 Account Security

You agree to notify us immediately at contact@axcelarate.io of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent that you meet these requirements.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to send spam, unsolicited messages, or engage in any form of harassment
• Violate TikTok's, Instagram's, WhatsApp's, or Meta's Terms of Service or Community Guidelines
• Use the Service to impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Service or any other systems connected to the Service
• Use the Service to collect or harvest personal data of others without appropriate legal basis
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service in any manner that could damage, disable, or impair the Service or interfere with other users
• Use the Service for any fraudulent, deceptive, or illegal purpose

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these acceptable use requirements.

5. Subscriptions & Billing

5.1 Subscription Plans

The Service is offered on monthly or annual subscription plans. Current pricing is displayed on our pricing page. All prices are in US dollars unless otherwise stated.

5.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually depending on your plan). Billing is processed through Paddle, our authorized payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel at any time from your account settings or by contacting us at contact@axcelarate.io.

5.4 Price Changes

We may change subscription prices with at least 30 days' advance notice. Price changes will take effect at the start of your next billing period following the notice. Your continued use of the Service after a price change constitutes acceptance of the new price.

5.5 Taxes

Prices do not include applicable taxes. You are responsible for paying all taxes applicable to your subscription. Paddle may collect and remit taxes on our behalf in applicable jurisdictions.

5.6 Failed Payments

If a payment fails, your Service will be temporarily suspended. We will notify you via email and attempt to process the payment again. If payment is not resolved within 7 days, your account may be cancelled and access to your data may be restricted.

6. Intellectual Property

6.1 Our Property

The Service, including its design, features, code, AI models, prompt frameworks, and all related intellectual property, is owned by Axcelarate LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

6.2 Your Content

You retain ownership of any content, data, or information you provide to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, store, and process Your Content solely to provide and improve the Service.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.

7. Your Data

Your use of the Service and the collection and processing of any personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the collection and use of your information as described in our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws in your jurisdiction, including obtaining any necessary consents from individuals whose data may be processed through the Service.

8. Third-Party Services

The Service integrates with third-party platforms including TikTok, Instagram, WhatsApp, and Facebook (together, "Third-Party Platforms"). Your use of these platforms is subject to their respective terms of service and privacy policies, which are independent of these Terms.

We are not responsible for the availability, accuracy, content, or policies of Third-Party Platforms. Changes to Third-Party Platforms' APIs or policies may affect the functionality of the Service, and we will not be liable for any such disruptions.

9. Disclaimers

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results obtained from using the Service will be accurate or reliable. You use the Service at your own risk.

10. Limitation of Liability

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the liability, or $100 USD, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not fully apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Axcelarate LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any content you submit through the Service.

12. Termination

12.1 Your Right to Terminate

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you have paid for. We do not provide refunds for partial billing periods unless required by our Refund Policy.

12.2 Our Right to Terminate

We may suspend or terminate your access to the Service immediately, without notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or if required by law. Upon termination, your right to use the Service ceases immediately.

12.3 Effect of Termination

Upon termination, we may delete your account data after a reasonable retention period. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Maryland.

If you are located outside the United States, you agree to comply with all applicable local laws and regulations in connection with your use of the Service.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.

15. Contact

If you have any questions about these Terms, please contact us:

• Email: contact@axcelarate.io
• Company: Axcelarate LLC, Maryland, USA
• Product: Replai (replai.axcelarate.io)