Relay.app Website Terms of Use
Effective date: July 29, 2024
Welcome to Relay.app. These Terms of Use (the “Terms”) govern your access to and use of our website and its resources. Use of the Relay.app Services is subject to the Services Agreement.
By using the website, you agree to these Terms, as well as the Privacy Policy and Acceptable Use Policy.
Website Content and Use
In using the Relay.app website, you may interact with content posted by us (“Relay.app Content”) and content posted by users (“User Content”). Relay.app Content, including without limitation text, graphics, photos, videos, and other materials, and Relay.app retains all rights and interest in Relay.app Content, including intellectual property rights. User Content is content provided by you or other users of the website including but not limited to via forums and comments, and its owner retains all rights and interest in User Content, including intellectual property rights.
Relay.app grants you the limited, revocable, non-transferable, and non-exclusive right to use Relay.app Content and User Content on your device solely for personal, non-commercial use, subject to the Acceptable Use Policy.
If you submit User Content to the website, you grant Relay.app a perpetual, irrevocable, sublicensable, worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, prepare derivative works from, publicly perform, and publicly display your User Content for any purpose. You represent and warrant that you have all authority, title, and/or license to grant Relay.app this license.
You may also have the opportunity to provide feedback to Relay.app about its products and services (“User Feedback”). You grant Relay.app a perpetual, irrevocable, sublicensable, worldwide, royalty-free license to use User Feedback, including but not limited to enhancement requests or recommendations, in the website and in Relay.app Services.
Privacy
Relay.app’s Privacy Policy is incorporated by reference into these Terms, and describes our data privacy practices.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@relay.app.
Limitation of Liability and General Provisions
Warranty Disclaimer. Relay.app and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Relay.app and all such parties together, the “Relay.app Parties”) make no representations or warranties concerning the website, including without limitation regarding any content contained in or accessed through the website, and the Relay.app Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the website. The Relay.app Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the website. THE WEBSITE AND CONTENT ARE PROVIDED BY RELAY.APP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RELAY.APP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflict of laws provisions thereof.
Assignment. Neither party may assign these Terms without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of a party’s assets or business.
Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining portions will remain in full force and effect.
No Waiver. No waiver of rights by either party will be implied from any action, inaction, or failure to enforce rights under these Terms, including the Acceptable Use Policy.
Changes to the Terms. We are constantly improving the content of our website, so these Terms may need to change along with it. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.relay.app, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the website. Continued use of the website, after a change to the Terms is effective, means you agree to all of the changes.
Reporting Copyright Infringement
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Relay.app's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Relay.app is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Relay.app is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Relay.app may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Relay.app may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Relay.app's discretion.
Please contact Relay.app's Designated Agent at the following address:
Relay.app Inc.
Attn: DMCA Designated Agent
2261 Market Street Ste 5496
San Francisco, CA 94114