1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and GoReplay LLC ("GoReplay LLC," "we," "us," or "our") governing your use of our software products, including Probe and Visor (collectively, the "Software").
By purchasing, installing, or using our Software, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Software License
2.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, GoReplay LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on your own infrastructure ("on-premise deployment") for your internal business purposes.
2.2 License Restrictions
You may not:
- Copy, modify, or distribute the Software except as expressly permitted
- Reverse engineer, decompile, or disassemble the Software
- Remove or alter any proprietary notices or labels on the Software
- Use the Software to provide services to third parties (e.g., SaaS, hosting, or managed services) without a separate agreement
- Transfer, assign, or sublicense the Software or your rights under these Terms
- Use the Software in violation of applicable laws or regulations
2.3 On-Premise Deployment
The Software is designed for deployment on your own servers and infrastructure. You are solely responsible for:
- Providing and maintaining adequate hardware and network infrastructure
- Ensuring proper security measures for your deployment environment
- Data backup and disaster recovery
- Compliance with your organization's security policies
3. Acceptable Use
You agree to use the Software only for lawful purposes and in accordance with these Terms. You shall not use the Software:
- In any way that violates applicable federal, state, local, or international law or regulation
- To transmit or process any material that is unlawful, harmful, threatening, defamatory, or otherwise objectionable
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Software
- To attempt to gain unauthorized access to any systems or networks connected to the Software
- To introduce viruses, malware, or other malicious code into the Software or your deployment environment
4. Intellectual Property
4.1 Ownership
The Software, including all intellectual property rights therein, is and shall remain the exclusive property of GoReplay LLC. These Terms do not grant you any rights to our trademarks, service marks, or logos.
4.2 Feedback
If you provide feedback, suggestions, or ideas regarding the Software ("Feedback"), you grant GoReplay LLC a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.
4.3 Your Data
You retain all rights to any data you process through the Software. GoReplay LLC does not access, collect, or store your data as the Software operates entirely on your infrastructure.
5. Support and Updates
Subject to your active subscription or support agreement:
- We will provide technical support during business hours via email
- We will provide Software updates and security patches
- Support response times and scope are defined in your service agreement
Support does not include assistance with your infrastructure, third-party integrations, or customizations unless separately agreed.
6. Disclaimers
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GoReplay LLC does not warrant that:
- The Software will meet your specific requirements
- The Software will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Software will be accurate or reliable
- Any errors in the Software will be corrected
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOREPLAY LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SOFTWARE.
GOREPLAY LLC'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GOREPLAY LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless GoReplay LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your use of the Software
- Your violation of these Terms
- Your violation of any rights of another party
9. Term and Termination
9.1 Term
These Terms are effective until terminated. Your license to use the Software continues for the duration specified in your purchase agreement or subscription.
9.2 Termination by You
You may terminate these Terms at any time by ceasing all use of the Software and destroying all copies in your possession.
9.3 Termination by GoReplay LLC
We may terminate or suspend your license immediately, without prior notice, if you breach any provision of these Terms.
9.4 Effect of Termination
Upon termination:
- Your license to use the Software will immediately cease
- You must destroy all copies of the Software in your possession
- Sections 4, 6, 7, 8, 10, and 11 shall survive termination
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Armenia, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Software shall be resolved exclusively in the courts located in Armenia, and you consent to the personal jurisdiction of such courts.
11. General Provisions
11.1 Entire Agreement
These Terms, together with any applicable purchase agreement or subscription terms, constitute the entire agreement between you and GoReplay LLC regarding the Software.
11.2 Amendments
We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of the Software after such changes constitutes acceptance of the updated Terms.
11.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
11.4 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
11.5 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
12. Contact Information
If you have any questions about these Terms, please contact us:
GoReplay LLC
Email: [email protected]