TERMS OF SERVICE

The following terms of service apply to the Reachy.ai website and the Reachy application. In order to use the website and the application, you need to agree to all the statements below, with no objections or modifications to the terms of service or regarding any of the operating rules and policies.Please read this agreement carefully before accessing or using the Reachy.ai website and/or product. If you do not agree with all the terms of service and the policies of Reachy.io, you may not access or use the website and the product.

LinkedIn

Reachy is not authorized as an official feature of LinkedIn. Reachy does not take responsibility for the practices and policies of LinkedIn. Reachy is not responsible for the user's personal account or the purposes for which the product is used. Reachy is not responsible or liable, in case of a ban on the user’s account due to the activities executed by the user.

Account Terms

You must be 18 years or older to use Reachy.

You are required to provide a valid LinkedIn account/email address, and any other information requested in order to complete the signup process and/or continue to use Reachy. Reachy reserves the right to terminate your use of the services upon discovering that the information you provided is not complete or accurate.

You may not use Reachy for any illegal or unauthorized purpose. * * You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to the copyright, spam, or trademark laws).

You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.

You may not use any robot, spider, other automated devices, or manual process to monitor or copy any content from Reachy.

You may not resell, duplicate or reproduce or exploit any part of the Service without the express written consent of Reachy.

Reachy may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion if the Client is in breach of terms.

Reachy reserves the right to refuse service to anyone for any reason at any time.

Reachy claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to Reachy.

If you cancel or terminate your Service, all your content, data, information, text, files, documents, and images may be immediately deleted.

To ensure equal opportunities and prevent misuse of our platform, we strictly prohibit individuals or companies from creating multiple organizations. Each person is allowed to register and or be part of only one organization within our app. For all exceptional cases, you'll need Reachy's approval

Payment Terms

All licenses are billed monthly or yearly. The monthmy or annual period starts when the payment is done. Each license is independent and its associated validation period. The payment is collected at the time of subscribing.

No refunds or credits will be granted for activated license.

The license will last until it’s terminated by the customer or Reachy.ai. It can be terminated at any given moment and renewed immediately after.

Reachy reserves the right to terminate or suspend an account for non-payment of the license dues.

The payment method needs to be valid. Otherwise, the license will be terminated. The customer should provide accurate and complete billing information. Once provided with the billing information, Reachy.ai is authorized to and will automatically charge for the license.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Intellectual Property Rights

You agree that Reachy owns all rights to the code, databases, visual design, and service layout.

Reachy claims no intellectual property rights over the material you provide to the service.

You may not duplicate, copy, or reuse any portion of the content of Reachy's service without the express written consent of Reachy.

Reverse Engineering & Security

You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through unauthorised access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

Data Loss

The Company does not accept responsibility for the security of your account or content. You acknowledge and agree that your use of the website or services is entirely at your own risk.

Spam Policy

You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Disclaimer

The use of Reachy is solely a risk taken by the user. Reachy is the safest tool on the market and can be used from all locations around the world at any time. Reachy does not take responsibility for the product being interrupted or unavailable at times. Unless there is an emergency, Reachy will notify its users in the event of website and/or product maintenance.

Third-Party Linked & Content

The Company may occasionally post links to third-party websites or other services. You acknowledge and agree that the company is not responsible or liable for any loss or damage you may incur as a result of using any third-party services linked to Our Website.

Non-Solicitation

During the term of this Agreement and continuing for 12 months after the termination of this Agreement, neither party shall, directly or indirectly, for its own account or the account of others, urge, induce, entice, or in any other manner whatsoever, solicit any client or partner directly involved in the activities conducted pursuant to this Agreement to engage in the services of the other party or any of its affiliates.

For purposes of the foregoing, urge, induce, entice, or solicit shall not be deemed to mean:
(a) circumstances where an employee of a party initiates contact with the other party or any of its affiliates with regard to possible cooperation; or
(b) general solicitations of business not specifically targeted at clients of a party or any of its affiliates, including responses to general advertisements.

Non-Disclosure

Parties shall not use or disclose confidential information regarding the other party’s business operations to anyone. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party that might be of any value to a competitor of the Party, or that might cause any economic loss or substantial embarrassment to the Party or its customers, distributors, or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors, and potential acquisition targets; its business operations and structure; its services, formulas, and pricing; its processes, technologies, and inventions; its research and know-how; its financial data; and its plans and strategies.

Warranties & Liability

Reachy does not warrant that:
- The service will be uninterrupted, timely, secure, and bug or error-free at all times.
- You expressly understand and agree that Reachy shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages

You agree not to undertake any of the following actions: ss of profits, goodwill, use, data, or other intangible losses (even if Reachy has been advised of the possibility of such damages), resulting from your usage of the service.

General Conditions

Your use of the service is at your sole risk. You acknowledge, understand, and agree that Reachy provides the service to you “As Is” and “As Available” without warranty or condition of any kind.

Technical support is only provided to paying account holders and is available per your account's terms.

You understand that Reachy uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.

You acknowledge, understand, and agree that Reachy cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.

You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated, linked to, or partnered with Reachy.

Verbal, physical, written, or other abuse of any Reachy customer, employee, member, or officer will result in immediate account termination and legal action.

You agree to defend, indemnify, and hold harmless Reachy, its officers, directors, employees, and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service.

You agree to receive administrative and legal notices about the service electronically via email or snail mail.

Jurisdiction, Venue & Choice of Law: Through Your use of the Website or Services, You agree that the laws of the United States shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between * You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the United States. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall submit the dispute to binding arbitration. The arbitration shall be conducted in the United States. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing law of the United States. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include but are not limited to: contract claims and tort claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

The failure of Reachy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Reachy and govern your use of the service, superseding any prior agreements between you and Reachy (including, but not limited to, any prior versions of the Terms of Service).

Please contact us if you have any questions regarding these Terms of Service or wish to discuss the terms of service contained herein.

Third-Party LinkedIn Account Rental

1. Service Description
Specify that BlackZebra provides LinkedIn account rental services through a third-party provider, outlining the purpose (e.g., prospecting, outreach) and general usage terms.
Usage Limitations: State that rented accounts are intended exclusively for authorized business purposes, such as lead generation, networking, or recruitment, and may not be used for any illegal or unauthorized activity.

2. Third-Party Provision and Responsibility
Third-Party Provider:
Disclose that LinkedIn accounts are supplied by an external provider and that BlackZebra facilitates access to these accounts on behalf of customers.
Limited Responsibility: State that BlackZebra is not responsible for the compliance, maintenance, or operational performance of LinkedIn accounts, as these are managed by the third-party provider.

3. Compliance with LinkedIn’s Terms of Service
Adherence to LinkedIn Policies:
Require customers to comply fully with LinkedIn’s terms of service. Explicitly state that misuse of LinkedIn accounts in ways that violate LinkedIn’s policies could result in account suspension or termination.
Customer Responsibility: Clarify that customers are solely responsible for ensuring that their use of rented LinkedIn accounts complies with LinkedIn’s policies, and they assume all risks related to any potential account suspension or penalties.

4. Data Privacy and Confidentiality
Data Collection:
Outline what user data BlackZebra collects in relation to the LinkedIn account rental service (e.g., contact details, usage metrics) and how it is used, stored, and protected in compliance with applicable privacy laws.
Confidentiality: Include a confidentiality clause protecting customer data shared through the LinkedIn accounts, and specify that BlackZebra and its third-party provider will not use or share this data outside the scope of the service.

5. Payment and Pricing Terms
Pricing:
Outline the monthly rental fee and mention that BlackZebra reserves the right to apply a markup to the base cost as agreed upon.
Billing and Collection: Detail how payments are collected directly from the customer, due dates, and any late payment penalties. State that failure to pay may result in account suspension.

6. Termination of Service
Termination for Misuse: S
pecify that BlackZebra reserves the right to terminate a customer’s access to the LinkedIn account if misuse, policy violation, or non-payment occurs.
Effect of Termination: Outline that upon termination, the customer’s access to the LinkedIn account will be revoked immediately, and any unpaid fees will become due.

7. Limitation of Liability
Service Limitations:
State that BlackZebra is not liable for any disruptions, suspensions, or terminations of LinkedIn accounts due to LinkedIn’s actions or policy enforcement.
Indirect Liability: Include a disclaimer of liability for any indirect, incidental, or consequential damages related to the use or performance of the LinkedIn accounts, including lost business opportunities.

8. Indemnification
Customer Indemnification:
Require customers to indemnify and hold BlackZebra harmless from any claims, liabilities, or damages arising from their use of the LinkedIn accounts, particularly if LinkedIn or another party files a claim due to misuse of the accounts.
Provider Indemnification: Briefly describe the indemnity agreement in place with the third-party provider for legal protection.

9. Governing Law and Dispute Resolution
Jurisdiction:
Specify that any disputes arising from the account rental service will be subject to the laws of France (or your chosen jurisdiction) and resolved through binding arbitration.
Arbitration Details: Mention that disputes will be resolved via arbitration through an institution like the ICC in Paris, as agreed upon in the Agreement with the provider.

10. Customer Support and Service Levels
Support Provision
: Define BlackZebra’s customer support obligations, outlining any standard response times, methods of support (e.g., email, chat), and escalation procedures if account issues arise.
Third-Party Responsibility: Clearly note that account maintenance, recovery, and compliance are managed by the third-party provider, so BlackZebra’s support will be limited to initial inquiries.

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