1. Your Agreement with
This document sets forth your legal agreement with D4 Interactive, Pvt. Ltd, its agents, affiliates,
Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference:
REPLUG SOFTWARE END USER LICENSE AGREEMENT
If there is any conflict between the General Terms and the Additional Terms, then the Additional
Terms take precedence in relation to that Service. The General Terms and any applicable Additional
Terms and all other documents incorporated by reference in these General Terms are referred to as
- Replug may change the Terms at its sole discretion. If we change the Terms, then we will
make a new copy available at https://replug.io/terms. Your use of the Services
is subject to the most current version of the Terms at the time of such use.
Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:
“Account Information” means the information you provide to Replug when you register for a
service, including your Replug ID and log-in information.
- “Replug Materials” means any Materials provided by Replug under these Terms.
- “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade
secret, unfair competition, and any other intellectual and proprietary rights.
- “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any
applicable jurisdiction, such as any laws regarding the export of data or software to and from the
United States or other applicable countries.
- “Marks” means the trademarks, logos and service marks displayed on the Services whether officially
registered or not.
- “Materials” means any materials provided by you or Replug, including without limitation any
(a) User Material; (b) information, data, documents, images, photographs, graphics, audio, videos, or
webcasts, (c) products, and (d) Software.
- “Shared Material” means the User Material that you or other Users share through the Services.
- “Share” means to email, post, transmit, upload, or otherwise make available through your use of the
- “Software” means Replug software code and associated documentation, including without
limitation any mobile and tablet applications related to the Services, content files, drivers, patches,
- “User” means a user of the Service.
3. Acceptance of Terms.
You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by
selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or
uploading any Materials made available via the Services by Replug, you, or other Users, or (c)
by merely browsing the Services.
- You may not use the Services if (a) you are prohibited by Law from receiving or using the Services,
(b) you are not fully able and competent to enter into a binding contract with Replug, such as
if you are not of legal age or have not obtained parental consent. In particular, unless expressly
stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of
18 and acknowledge that these Services were not intended for children under 18.
- Replug may require you to provide consent to the updated Terms before further use of the
Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the
- For information about Replug’s data protection and collection practices, please read the Replug
- Services and Replug Materials. The Services and Replug Materials, and their
selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided
in the Terms, Replug does not grant any express or implied rights to use the Services and
Materials. All rights, title, and interest in the Service and Replug Materials, in all
languages, formats, and media throughout the world, are and will continue to be the exclusive property
of Replug and nothing in the Terms shall be construed to confer any license or right, by
implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any
- Trademarks. The Marks are the property of Replug. You are not permitted to use the Marks
without the prior consent of Replug. Replug and the Replug logo are
trademarks of Replug.
5. Use of Service and Materials.
- If you comply with the terms and conditions of this Agreement, Replug grants to you a
non-exclusive, non-transferable, revocable right to access and use the Services, to Share Your Materials
to the Service, and to use the Replug Materials in connection with the Services, subject to the
restrictions stated in this Section.
Except with respect to Your Material, you agree:
Not to alter, copy, modify, or re-transmit the Materials;
- Not to lease, license, rent, or sell the Materials or the right to use and access the Services;
- Not to remove, obscure, or alter any text or proprietary notices contained in Materials;
- Not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are
protected by Intellectual Property Rights;
- To use the Services and the Materials only as permitted by the Terms and any Law; and
- That certain Services and Materials may be available only if you have paid a fee or have provided
certain Account Information.
- Replug uses reasonable efforts to make the Services available 24 hours a day, 7 days a week.
However, there will be occasions when the Service will be interrupted for maintenance, upgrades and
repairs, or as a result of failure of telecommunications links and equipment that are beyond our
control. Replug will take reasonable steps to minimize such disruption, to the extent it is
within our reasonable control. However, Replug not be liable for any unavailability of
service or any damage resulting directly or consequently therefrom.
- Replug may modify or discontinue, temporarily or permanently, the Services or Materials, or
any portion thereof, with or without notice. You agree that Replug shall not be liable to you
or anyone else if we do so.
- Payment Terms :
- Subscription Fees. Certain Services require you to purchase a subscription or membership in order to
access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in
specific subscription terms applicable to a Service. Subscription Fees may change at the end of your
subscription period. Subscription terms are available at
- You are responsible for paying all taxes levied in connection with your use of the Services. Your
credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection
with your payment of the Subscription Fees,. Your ability to access the Services may require payment of
third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Replug
has no connection to or responsibility for such fees.
- Collection of Subscription Fee. You agree that, in the event Replug is unable to collect the
Subscription Fees owed by you to Replug for the Services, Replug may take the steps it
deems necessary to collect such Subscription Fees from you and that you will be responsible for all
costs and expenses incurred by Replug in connection with such collection activity, including
reasonable collection company fees and costs, and reasonable attorney fees and costs.
6. Account Information.
- You agree that your Account Information will always be complete, accurate, and up-to-date. It is your
responsibility to keep your account password or log-in credentials confidential at all times and you are
solely responsible to Replug for all activity that occurs via your Account. If you become aware
of any unauthorized use of your account or Account Information, or any other breach of security, you
agree to notify Replug by contacting Support at https://replug.io/contact. Replug
may require that you change your Account Information or certain parts of your Account Information
at any time for any reason. Unless Replug expressly allows you the right to create and manage
Replug IDs as an account administrator for a company or unless expressly permitted in the
Additional Terms, you may not use another person’s Account Information.
7. User Conduct.
- You agree not to access or attempt to access the Services by any means other than the interface
provided by Replug or circumvent any access or use restrictions put into place to prevent
certain uses of the Services.
- You agree not to use, or to encourage or permit others to use, the Services to :
- Share any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous,
vulgar, obscene, pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially,
ethnically, or otherwise objectionable;
- Stalk, intimidate, and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Share any Material that you do not have a right to Share under any Law or contractual or fiduciary
- Share any Material that infringes any Intellectual Property Right or other proprietary right of any
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted
on or transmitted through the Services;
- Use the Services or Materials such that it will mislead a User into believing that they are
interacting directly with Replug or any Service;
- Use any Replug domain name as a pseudonymous return email address;
- Share any Material that contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or
- Access or attempt to access any Material that you are not authorized to access or through any means
not intentionally made available through the Services;
- Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or
any Materials, use of any Service or Materials, or access to any Service or Materials;
- Use any data mining, robots, or similar data gathering and extraction methods in connection with the
Services or Materials;
- Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of
- Collect or store data about other users in connection with the prohibited conduct and activities set
forth in this Section 8.2; or
- Engage in other similar conduct that harms, damages, or impairs the rights and interests of Replug.
8. Your Material.
- Storage. Replug may provide online storage for Your Material, subject to Section 9.2 below
and any Additional Terms that may further define the scope of such storage. Unless otherwise stated in
Additional Terms or a separate written agreement between you and Replug, Replug has
(a) no obligation to store Your Material and (b) no responsibility or liability for the deletion or
accuracy of any Materials, including Your Material, the failure to store, transmit, or receive
transmission of Materials, or the security, privacy, storage, or transmission of other communications
originating with or involving use of the Services.
- You agree that Replug retains the right
to create reasonable limits on the use of the Materials, including Your Material, such as limits on file
size, storage space, processing capacity, and similar limits described in the web pages accompanying the
Services and as otherwise determined by Replug in its sole discretion. Replug may
require you to delete Your Material until you are within the storage space limit associated with your
- You agree that you, not Replug, are entirely responsible for all of Your Material that you
Share, whether publicly posted or privately transmitted. You assume all risks associated with use of
Your Material, including any reliance on its accuracy, completeness, or usefulness.
- You acknowledge and agree that although Replug endeavors to provide security measures to
protect Your Material (including Your Shared Material that you Shared privately), Replug is not
liable for any damages resulting for the disclosure of Your Material.
9. Shared Material.
User Material, including Private Health Information, shared using the Services will be protected
using generally accepted industry practices for secure remote storage, use, and access. Additional Terms
may apply to the remote storage, use, and access depending upon the Services utilized.
In general, even though we might delete an account you hold with us, we may continue to retain
information regarding your past actions.
- You acknowledge and agree that Replug shall have the right but not the obligation to keep
archived or “backup” copies of Your Material or use Your Material pursuant to Section 15
10. Use of Software.
- Software made available via the Services or through third-party marketplaces or stores is governed
by the terms of the applicable Additional Terms or the license agreement referenced in the Software. If
there is any conflict between these Terms and the license agreement provided with such Software, then
the license agreement shall take precedence in relation to that Software. If the Software is a
pre-release or beta version, then you are not permitted to rely on the Software for any commercial or
production purposes, notwithstanding anything to the contrary included within an accompanying license
agreement. You specifically acknowledge that use of pre-release or beta versions of the Software is for
testing purposes and may result in delays or malfunction. Replug will not be held responsible
for such delays, malfunctions or other problems that may arise, or the consequences arising out of such
Replug may provide mobile and tablet applications through third parties that interact
with the Service and Replug products. You are responsible for obtaining and maintaining any
equipment or ancillary services needed to access mobile and tablet applications and you are responsible
for all applicable taxes and fees incurred while accessing such applications (such as fees from your
mobile carrier, overage charges, etc.
- If no license agreement accompanies the Software that is available for download, the download and
use of such Software will be governed by the terms of this Section 11.3. Replug grants you a
personal, worldwide, revocable, limited, non-transferable, non-sublicensable, non-assignable,
nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you
shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not
decompile, reverse engineer, or otherwise attempt to discover the source code of the Software.
Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the
jurisdiction where you are located give you the right to do so to obtain information necessary to render
the Software interoperable with other software, provided, however, that you must first request the
information from Replug and Replug may, in its discretion, either provide such
information to you or impose reasonable conditions, including reasonable fees, on use of the Software to
ensure that Replug’s Intellectual Property Rights in the Software are protected. You may not
assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over
your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For
clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and
- The Software may automatically download and install updates from Replug. These updates are
designed to improve, enhance and further develop the Services and may take the form of bug fixes,
enhanced functions, new Software modules, and completely new versions. You agree to receive such updates
(and permit Replug to deliver these to you with or without your knowledge) as part of your use
of the Services.
11. Your Warranty, Indemnification Obligation, and Waiver.
You represent and warrant that you have the legal right to all Material provided by you as part of
your use of the Services.
You agree to indemnify and hold Replug and its subsidiaries, affiliates, officers, agents,
employees, assigns, co-branders or other partners, and licensors harmless from any claim or demand,
including reasonable attorneys’ fees, due to or arising out of Your Material, your use of the Services
or Materials, your connection to the Services or Materials, your use and access of personal information
of other Users, the actions of any member of your group, your access to or use of Sites or the Linked
Sites and your connections therewith, any claim that Your Material caused damage to someone else, any
dealings between you and anyone else using Services or Materials, your violation of the Terms, or your
violation of any rights of another, including any Intellectual Property Rights, right of privacy, or
rights under HIPPA.
12. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY Replug “AS IS,” WITHOUT WARRANTY OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, Replug AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE SITE, SERVICES
OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET
YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE
CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Replug OR
THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- Replug SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR
USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE
AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Replug ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
Replug DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES
OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. Replug MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR
SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
Replug WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING
YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR
MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF
IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
13. Limitation of Liability.
IN NO EVENT SHALL Replug AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBORS OR
SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR
NOT FORESEEABLE OR IF Replug HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON
ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION,
OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR
MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE Replug’S LIABILITY FOR GROSS NEGLIGENCE
OR INTENTIONAL MISCONDUCT OF Replug OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Replug, in its sole discretion, may (but has no obligation to) monitor or review the
Services and Materials at any time. Without limiting the foregoing, Replug shall have the
right, in its sole discretion, to remove any of Your Material for any reason (or no reason), including
if it violates the Terms or any Law.
Although Replug does not generally monitor User activity occurring in connection with the
Services or Materials, if Replug becomes aware of any possible violations by you of any
provision of the Terms, Replug reserves the right to investigate such violations, and Replug
may, at its sole discretion, immediately terminate your rights hereunder, including your right to
use the Services or Materials, or change, alter, or remove Your Material or Account Information, in
whole or in part, without prior notice to you. If, as a result of such investigation, Replug
believes that criminal activity has occurred, Replug reserves the right to refer the matter to,
and to cooperate with, any and all applicable law enforcement authorities. Except to the extent
prohibited by applicable Law, Replug is entitled to retain and/or disclose any information or
Materials, including Your Material or Account Information (or elements thereof), in Replug’s
possession in connection with your use of the Services to (a) comply with applicable Law, legal process,
or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Material violates
the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect
the rights, property or personal safety of Replug, its Users, or third parties, including the
public at large, as Replug in its sole discretion believes to be necessary or appropriate.
You have no obligation to provide Replug with ideas, suggestions or proposals (“Feedback”).
However, if you submit Feedback to Replug, we may use it for any purpose without compensation
16. Links to Other Sites.
The Services and Materials may include links that will take you websites or services not operated by Replug
. Whether the link was provided by Replug as a courtesy, or whether it was posted by
a User, Replug has no control over non-Replug websites or services. You agree that we
are not responsible for the availability or contents of any website or service we do not operate.
Termination by You.
As either an individual user or a group administrator for a Service, You may stop using the Service
at any time. To terminate your Service account contact Support at https://www.Replug.io/contact.
Any fees paid by you prior to your termination are not refundable. Termination of your account shall not
relieve you of any obligation to pay any accrued fees or charges or fulfill payment under any
subscription term for the full remainder of the then current term.
Termination by Replug. Subject to Additional Terms for certain Services and any associated
subscription terms and conditions, Replug may at any time terminate our agreement with you (or
any individual Additional Terms) if:
You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not
intend to, or are unable to, comply with the Terms);
Replug is required to do so by Law (for example, where the provision of the Services or
Materials to you is, or becomes, unlawful);
The provision of the Services to you by Replug is, in Replug’s opinion, no longer
Replug has elected to discontinue the Services or Materials (or any part thereof); or
There has been an extended period of inactivity in your account.
Termination or Suspension of Services. Replug may also terminate or suspend all or a
portion of your account and/or access to the Services for any reason (subject to Additional Terms for
certain Services). Except as may be set forth in any Additional Terms applicable to a particular
Service, termination of your account may include: (a) removal of access to all offerings within the
Services; (b) deletion of Your Material and Account Information, including your personal information,
log-in ID and password, and all related information, files, and Materials associated with or inside your
account (or any part thereof); and (c) barring of further use of the Services.
You agree that all terminations for cause shall be made in Replug’s sole discretion and
that Replug shall not be liable to you or any third party for any termination of your account
(and accompanying deletion of your Account Information), or access to the Services and Materials,
including Your Material.
Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and
Materials. However, any perpetual licenses you have granted, any of your indemnification obligations
hereunder, any of Replug’s disclaimers or limitations of damages of liabilities hereunder, will
survive any termination or expiration of the Terms.
Upon termination of your use of the Service by you or by Replug for any other reason other
than for cause, Replug will make reasonable effort to notify you at least thirty (30) days
prior to termination, at the email address you provide Replug as part of your registration,
with instructions on how to retrieve Your Material prior to such termination.
Except as otherwise stated in any Additional Terms and applicable subscription terms, in the event
of termination by Replug for reasons other than breach of these Terms, Replug will
provide notice pursuant to the General Terms and will provide you with a pro rata refund for the prepaid
and unused portion of the Service.
18. Resolution of Disputes.
Venue. You agree that any claim or dispute you may have against Replug must be resolved by
a court located in Benton County, Washington, United States except as otherwise agreed by the parties.
You agree to submit to the personal jurisdiction of said courts. You agree that prior to filing any
legal action against Replug you will first meet with a representative of Replug in
person or by phone conference and mutually seek a good faith resolution of the dispute. ARBITRATION MAY
BE REQUIRED BY ADDITIONAL TERMS OF SERVICES YOU USE.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the
Services or Materials in violation of the Terms you agree that Replug shall be entitled to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
20.1 Notice to Replug. Any notice provided to Replug pursuant to the Terms should be
sent through the online support page at https://replug.io/contact or by U.S. mail to: