Version: v0.1 — published 2026-05-26. Pending legal review.
These terms govern your use of ReplyArc. By installing ReplyArc, signing the install order, or accessing the platform you agree to these terms. If you do not agree, do not use the service.
1. What ReplyArc is
ReplyArc is outbound communications infrastructure that we install inside your business. You own the resulting system — the database, the connected inboxes, the domains, the deliverability reputation, and the data. We operate the platform during the install window and the support period you contract for.
2. The install
The install is a fixed-scope engagement. The deliverables, timeline, and price are agreed in writing in the install order. Anything not in the install order is out of scope; we will quote add-ons separately. We commit to the install window in good faith and will flag any risk to the timeline within 48 hours of identifying it.
3. Your obligations
You agree to:
- Provide timely access to the systems we need to install (DNS, mail provider, CRM, Slack workspace) and a single point of contact who can make decisions.
- Use the platform only for lawful outbound communications in jurisdictions where you operate.
- Comply with applicable anti-spam, data-protection, and electronic-communications law — including CAN-SPAM (US), CASL (Canada), PECR + UK GDPR (UK), and GDPR (EEA) — and honour unsubscribe requests promptly.
- Not upload contact lists that you do not have a lawful basis to process under the applicable regime (see also our Privacy notice and the Legitimate Interest Assessment available on request).
- Bring your own keys (BYOK) for AI providers, sender providers, enrichment, and CRM integrations. You are the customer of those providers; we do not resell them.
4. Acceptable use
You will not use ReplyArc to:
- Send unsolicited bulk email to consumer addresses or to recipients in jurisdictions where the relevant lawful basis cannot be evidenced.
- Misrepresent the sender identity, return-path, or message origin (no spoofing, no impersonation, no header forgery).
- Send content that is unlawful, harassing, fraudulent, malicious, infringes intellectual property, or that exploits or endangers minors.
- Run high-volume sends from infrastructure that has not been warmed and provisioned for that volume.
- Attempt to bypass authentication, rate limits, abuse controls, or access workspaces other than your own.
We may suspend the service, with notice where practicable, to investigate suspected violations of this section. Material or repeated violations are grounds for termination.
5. Vendor pass-through
Sender providers (Email Bison, Instantly), enrichment providers (Clay, Apollo, Prospeo), CRM providers (HubSpot, Salesforce, Attio, GoHighLevel), AI providers (Anthropic), and meeting providers (Cal.com, Calendly) are billed directly between you and the vendor. ReplyArc does not mark up or resell these services. The vendor's own terms apply to your use of their service.
6. Fees and payment
The install fee, modular add-on fees, and any retainer are set in the install order. Fees are invoiced per the schedule in the order and are payable within 14 days of the invoice date unless agreed otherwise. Late payments may suspend the support window.
7. Confidentiality
Each party will treat the other's non-public information as confidential and will use it only to perform under these terms. This obligation survives termination. Aggregate, non-identifying performance metrics may be referenced for benchmarking; identifiable information will not be referenced without consent.
8. Intellectual property
You own the data you put into the platform and the configuration of your install. ReplyArc retains all rights in the platform, the install methodology, and any general improvements to the platform that arise from the engagement. You receive a perpetual licence to the install — the codebase, the configuration, and the data — as configured at the end of the support window.
9. Privacy and data protection
Personal data processed through the platform is governed by our Privacy notice and, where you are an EEA / UK controller, the Data Processing Agreement. The DPA prevails over these terms in respect of personal data handling.
10. Warranty disclaimer
The platform is provided "as is" and "as available". To the maximum extent permitted by applicable law, ReplyArc disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or that deliverability outcomes will reach any specific threshold.
11. Limitation of liability
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's aggregate liability under these terms is capped at the fees paid to ReplyArc in the twelve (12) months preceding the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited under applicable law (fraud, gross negligence, wilful misconduct, personal injury caused by negligence, or any other liability the law deems unwaivable).
12. Termination
Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. On termination, the data-return and erasure provisions of the DPA apply. Your perpetual licence to the install survives termination provided no fees are outstanding.
13. Changes to these terms
We may update these terms; material changes are notified at least thirty (30) days in advance. Continued use after the effective date constitutes acceptance.
14. Governing law
Governing law and venue are completed in the install order. In the absence of a specific provision, the laws of the State of Delaware, USA apply, and disputes are resolved in the state or federal courts of New Castle County, Delaware.
Contact
Questions about these terms: hello@replyarc.com. Privacy or DPA requests: privacy@replyarc.com.