Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fiverr Reply Assistant (“Company”, “we”, “us”, or “our”), concerning your access to and use of the fiverragent.amplistorm.com website as well as our Chrome Extension and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and “Extension”).

You agree that by accessing the Site and/or Extension, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and Extension and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and Extension are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and Extension (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

3. User Representations

By using the Site and/or Extension, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or Extension through automated or non-human means, whether through a bot, script or otherwise (except for the intended use of the Extension); (6) you will not use the Site or Extension for any illegal or unauthorized purpose; and (7) your use of the Site and Extension will not violate any applicable law or regulation.

4. User Registration and Credits

You may be required to register with the Site and Extension to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Access to the AI response generation feature of the Extension requires the purchase of credits. Credits are consumed per response generated. Pricing for credit packages is available on the Site. All payments are processed through a third-party payment processor (Stripe).

5. Prohibited Activities

You may not access or use the Site or Extension for any purpose other than that for which we make them available. The Site and Extension may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site and Extension, you agree not to:

• Systematically retrieve data or other content from the Site or Extension to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site or Extension, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Site or Extension.
• Engage in unauthorized framing of or linking to the Site or Extension.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as may be the result of standard search engine or Internet browser usage or the intended functionality of the Extension.
• Interfere with, disrupt, or create an undue burden on the Site or Extension or the networks or services connected to the Site or Extension.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile or credits.
• Use any information obtained from the Site or Extension in order to harass, abuse, or harm another person.
• Use the Site or Extension as part of any effort to compete with us or otherwise use the Site, Extension, and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Extension.
• Attempt to bypass any measures of the Site or Extension designed to prevent or restrict access to the Site, Extension, or any portion of the Site or Extension.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or Extension to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Site’s or Extension’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or Extension or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Extension.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Extension, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or Extension.
• Use the Site or Extension in a manner inconsistent with any applicable laws or regulations.

6. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site and/or Extension. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND EXTENSION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND EXTENSION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

7. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site or Extension at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or Extension. We also reserve the right to modify or discontinue all or part of the Site or Extension without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Extension.

We cannot guarantee the Site and Extension will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Extension, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Extension at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Extension during any downtime or discontinuance of the Site or Extension.

8. Governing Law

These Terms of Service and your use of the Site and Extension are governed by and construed in accordance with the laws of [Your Jurisdiction - e.g., the State of California] applicable to agreements made and to be entirely performed within [Your Jurisdiction], without regard to its conflict of law principles.

9. Disclaimer

THE SITE AND EXTENSION ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND EXTENSION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND EXTENSION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S OR EXTENSION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR EXTENSION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR EXTENSION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR EXTENSION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR EXTENSION.

10. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR EXTENSION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.