Emote & Razelle360 Terms and Conditions
Emote and Razelle360 are designed to be as simple as possible, and we are going to keep our legal terms clean and concise as well. It’s our goal as the company, Razelle, Inc., referred to in this legally binding document as Razelle, to ensure you have the best possible experience when using Emote and Razelle360, and we want you to be aware of the terms and conditions that come with using Emote and Razelle360, in plain English. You, referred to in this document as “The Customer”, accept these terms and conditions by using Emote, Razelle360, or any other variation of Emote.
Rights and Limits
By installing or purchasing Emote, or any variation of our Emote product, the terms and conditions set forth are deemed accepted by you, the customer. You can terminate your relationship using our services at any time if you do not accept our terms and conditions. By purchasing Emote, we grant you rights to use our software for the duration of your subscription. Emote is a leased software & service, and the software is no longer leased upon termination of your service. At no time does you, the customer, own the software or be granted a lifetime access to the software.
Razelle retains all rights associated to Emote, including name, graphics, logos, enhancements, modifications, and updates to Emote. Emote is a combination of technologies developed by Razelle, along with open source technologies, and third-party technologies, designed to work seamlessly under Emote. The combination of these technologies is also leased to you, the customer, and are owned by their respected parties. Razelle makes no promises or guarantees that your device will function flawlessly when using Emote, although Razelle promises to make every goodwill effort to ensure Emote provides you a trouble-free technology experience by making every effort possible to install critical and security updates for your respective operating system, protect and secure your device from viruses, malware, spyware, and unwanted pieces of software, along with daily backups of your data located in your operating system default desktop, document, music, and video directories.
Privacy:
We want to be extremely clear about the data we collect when you install Emote, and how we use your data in order to provide you service. Razelle does not sell or distribute any data Emote may collect about your device, nor do we collect personally identifiable information about your device because we have zero right to do so. Razelle does not scan, distribute, nor have the ability to view any of your files and folders on your device when performing backups, or general install of Emote. As a privacy-focused company, Emote does not collect any personal information that may be used to identify the customer, besides what the customer voluntarily gives Razelle, which could include customer name, device name, and email.
Emote does not remotely track, monitor or view any part of the customer’s device without explicit permission from the customer, nor has the ability to without the customer’s permission, besides what is advertised by the Emote software. An example of where the customer may request Emote to view the customer’s device is during a support session to resolve an Emote related issue. Certain monitoring capabilities are required in order to provide the advertised service. An example of the monitoring Emote provides includes predication or dedication of failing hardware and security threat detection. Emote only collects the very basic information needed in order to perform device updates, provide security protection, and run backups. Detailed specifics of data that is collected for Emote to perform is below:
Application/OS Updates, Security, and Backup:
• Operating system version
• Device make and model
• List of currently installed software to prevent incompatibility when applying updates and security threat removals
• List of currently installed, pending, and failed updates
• Device name, installed hardware,
• Error and crash logs
Updates: Emote & Razelle will apply appropriate software and operating system updates in a reasonable amount of time to enhance your security & ensure peak performance. Emote will only attempt to update your operating system, and common third-party software used daily by a majority of the population.
Emote will attempt to install publicly available updates, along with operating system updates, after extensive testing by Razelle. The customer may request their device be excluded from having certain updates applied by speaking with Razelle customer service. Although, Razelle is not responsible for the consequences of such actions, and may be charge for any service calls because of issues caused by such update limitations.
Security: Emote & Razelle will provide security protection and monitoring designed to stop threats before issues can occur. You will not be notified if a threat is detected, and it will automatically be quarantined for further investigation by Razelle. There is no scan the customer will need to perform, due to there being no signature database to run and check files against. Should a threat be detected by proprietary Razelle algorithms that Emote is unable to remove, Razelle will immediately reach out to the customer to inform of next steps, which may include a remote or on-site visit, which may or may not be a charged service. If an infection occurs, Razelle will remove the infection free of charge if the infection isn’t due to the tampering of Emote software, or due to the disabling of our security protections. Razelle promises to make every goodwill effort to monitor for security threats on the customer’s device, but cannot promise everything will be caught and stopped.
Backups: Emote will automatically make daily backups of any file or folder on your desktop, or any file or folder in the default documents, music and videos directory of your respective operating system. Emote will make one massive backup, and then only backup changed or altered files thereafter. The customer will have the option to restore data to their desired location, or to the operating system default location. By default, Emote upon install will request the customer to encrypt their backups with a password to ensure that their data is safe and secure during transit to our datacenter. The customer does not have to set a password, but is highly recommended by Razelle. Razelle uses a variety of datacenters provided by third parties to ensure the customer’s backups are always available, and kept secure in the cloud. Razelle takes security very seriously, so we purposely designed Emote to not allow recovery of a backup should a user accidentally wipe their cloud backups from Emote, or forget their backup password. We will not be able to recover, view, or re-apply the backups nor password you make once they are set, deleted or on our network, so ensure you remember your password set when starting your first backup. There is absolutely no recovery when setting a password or wiping your cloud backups from Emote.
SLA (Service Level Agreement): Razelle guarantees Emote and its provided services be operational 99.99% of the time each month of the year. Should Razelle drop below its SLA promise of 99.99% availability, which includes the ability to remotely perform updates, security removals, and backup transfer, Razelle will provide a credit for each day the service is unavailable due to Razelle’s wrongdoing. The customer must notify Razelle and request a credit within 15 days of the experienced service interruption, otherwise a credit will not be granted. Razelle will not grant credits should service interruption exceed 15 days in a single calendar month.
Razelle360 for Home & Business
Razelle360 is a software and service provided by Razelle that provides unlimited technical support to the customer for both home and business, in addition to the Emote software. The terms and conditions related to Emote above also apply to Razelle360, although Razelle360 has extra terms and conditions that must be listed due to the difference in service provided.
Unlimited Technical Support for Home and Business
Razelle provides unlimited technical support for devices per eligible service address, and up to 7 licenses for Emote for Home customers. Businesses requesting unlimited technical support are billed on a per device or per user plan. Devices covered include laptops, desktops, smartphones, tablets, and “smart home” or “IoT” devices. Unlimited technical support is defined as the ability to allow an unlimited number of support requests for covered issues listed below during business hours for covered devices with an active license.
The customer can take advantage of the unlimited technical support online, in-store, phone, or on-site subject to technician availability. On-site technician dispatch is made at the discretion of Razelle, and not always guaranteed until remote assistance over the internet is attempted, or it is deemed that the issue cannot be resolved unless an on-site visit is performed. On-site service may be charged of travel fee per mile of $1.90 if destination exceeds 20 miles from technician dispatch location. Razelle reserves the right to test and deny any device for any reason before Razelle360 is granted, and can be removed at any time should Razelle deem the customer is abusing the service. Examples of abusing the service would be transferring licenses to friends & family machines temporarily to request service, signing up home service for a business, or any other reason Razelle deems acceptable for service termination.
Unlimited technical support is provided for the following:
• Access to in-store, phone, on-site or online-based technical assistance
• Assistance with software-related installs, errors, configuration, and troubleshooting
• Providing guidance on other remedy options, which may incur extra charges should hardware or extra software be needed, should resolution not be solved by software repair
• Connecting or configuring devices for your home or business network, device optimizations already provided automatically by Emote, device updates, security protection, and automatic daily backups.
• Installing or removing new hardware: hard drive, memory, removal of data from hard drive
• Data transfer of documents, pictures, music and videos from an old device to a new device, or from one hard drive to another
• Diagnostic fee waiver, and repair of operating system issues and security threat related issues such as slow performance, unwanted ads and popups, which is already covered by Emote.
Unlimited technical assistance does NOT cover the following:
• Training or “how-to” assistance
• Operating system upgrades, or reinstall on customer request
• Hardware failures or replacements
• Loss of data on covered devices
• Moving/Relocating Equipment
• Data recovery
SLA (Service Level Agreement):
• Home: Assistance can be requested online, in-store, phone, and on-site during normal business hours of 10AM-7PM EST Monday through Saturday, and 11AM-6PM EST Sunday. Razelle guarantees acknowledgement of new service related tickets within 24 hours or sooner upon submission, and full resolution or plan of resolution within 48 hours or sooner.
• Business: Assistance can be requested online, in-store, phone, and on-site during normal business hours of 10AM-7PM EST Monday through Saturday, and 11AM-6PM EST Sunday. Razelle guarantees acknowledgement of new service related tickets within 4 hours or sooner upon submission, and full resolution or plan of resolution within 24 hours or sooner. Individual SLA contracts can be provided for unique businesses requiring different SLA response times.
Emote & Razelle360 Requirements:
• A high-speed internet connection
• Windows Vista or higher, Mac OS X Lion or higher
• A fully functional device prior to Emote or Razelle360 service activation, which may be required to be tested by Razelle before service is allowed.
Service Termination
Should the customer decide to terminate service, a pro-rated refund will not be provided. Your service is provided for the amount of time selected at purchase, and will not be pro-rated should service be terminated before your license expires. If the customer cancels service within 15 days of purchase, a full refund will be provided. At our discretion, we may choose to pro-rate the refund if services were provided during the 15 days. Razelle may cancel or terminate your service at any time, for any reason. We will also cancel, suspend or choose to terminate your service for failure to make payments by the invoice due date or by declined payment of any payment method.
Warranty:
Emote and Razelle360 is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties of any kind, or promise that the service will meet your requirements, or the service will not be uninterrupted. Razelle may alter, remove, or change the offerings and these terms and conditions of Emote and Razelle360 at any time. You, the customer, are using Emote and Razelle360 at your own discretion, and by using the service, you accept any and all responsibility for damage or data loss that may occur. You are responsible for all backup of your data. Verbal or written agreements outside of these terms and conditions do not create any warranty not expressed herein. These warranty exclusions may not apply to you depending on your jurisdiction. Razelle is not responsible for damage caused by Emote or Razelle360, nor does our total liability under this plan exceed the total price of your plan, including applicable taxes. Razelle and its employees do not have the permission to alter these terms and conditions, orally or written. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Razelle entity named on the invoice (“Razelle”) that will be provided to you (Purchaser) on orders for computer systems, related products, services and support sold in the United States. By accepting delivery of the computer system(s), other products and or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Razelle, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER Razelle STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change and will take effect upon posting on Razelle’ website of the update to the terms and conditions.
QUOTATIONS
Quotations are subject to acceptance within 30 days. Quotations are based on the cost of products and/or services, labor and materials on the date of the quote. If changes occur in cost of materials, labor, or other costs prior to acceptance, or if the customer requires changes in the shipping subsequent to acceptance, the right is reserved to change the price quoted. Unless otherwise confirmed by us in writing, all prices given are exclusive of applicable State sales tax.
PRICING, SPECIFICATIONS & AVAILABILITY
Prices, specifications, and availability of products are subject to change without notice. Changes will not affect orders that have already been accepted. Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Published prices do not include shipping and insurance. By submitting your order, you agree that you selected the service you believe meets your needs to the best of your ability. If it is found that your ordered service does not match your issue, Razelle will charge a $29 fee for diagnosing the correct issue and contact you with an updated price and service. If you agree with the new price and service, Razelle will refund the difference (if any) and refund the $29 fee and proceed with service. If you decline the new price and service, Razelle will refund your service, and charge a $29 diagnostic fee and return your device to you.
In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
PURCHASE & SALE
The party whose name appears after the heading (Bill To:) is the Purchaser, and hereby orders from Razelle. (Razelle), the product(s) listed on the order invoice. Razelle agrees to sell the product(s) upon the terms and conditions contained in this document. Purchaser shall be deemed to have agreed to all terms and conditions contained in this document, if Purchaser fails to object thereto in writing, before the earliest of the following times: (I) When Purchaser pays for the product(s), or, (II) When Purchaser accepts delivery of the product(s).
PURCHASE PRICE
Purchaser shall pay the total purchase price plus any applicable shipping and handling as specified on the invoice and any sales, or other applicable taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including, without limita-tion, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document.
ORDERS FOR COLLECTION
Customers must collect all orders within two months of the invoice date. If an order or device is not picked up after two months with no contact from the Customer, Razelle reserves the right to recycle and/or liquidate the item to settle the unpaid invoice or if no attempt has been made by the Customer to collect the orders. If the Customer makes a goodwill contact attempt to Razelle, and their response is received by Razelle, and stays in contact with Razelle past the two months, the Customer must collect all orders within three months of the invoice date. If Customer does not collect all orders within these three months, Razelle reserves the right to recycle and/or liquidate the item to settle the unpaid invoice and/or close the order.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Razelle reserves the right at any time after receipt of your order to accept or decline your order for any reason. Razelle reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item unless total fulfillment of product is specified on the order. We may require additional verifications or information before accepting any order. Dispute of Charges is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information.
ORDERS FOR DELIVERY
Delivery of the Goods shall be made by us or regular ground postal service to the address for delivery shown in the Order Form. Customer must ensure delivery address is accurate and complete. Goods delivered in accordance with Customer’s delivery instructions; Customer is responsible for the same. Razelle responsibility for everything other than damage due to negligence or due to a manufacturing design or design fault will cease upon delivery.
Razelle will do all that is reasonably possible to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. Razelle cannot be held responsible for delays beyond our control. If we are unable to make the delivery date Customer will be contacted. If delivery cannot be made within 30 days of the given delivery date Customer will be entitled to either arrange a revised date or cancel the order and receive a full refund.
If the order is a multiple order and cannot be delivered as a whole order, Customer will be informed and can arrange to have multiple orders delivered on mutually agreeable dates. In this instance delivery will be said to be made in installments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the installments in accordance with these conditions, or any claim by you in respect of any one or more installments will not entitle you to treat the contract as a whole as repudiated.
If Razelle fails for any reason within its control to fully/partially deliver Customer Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
WARRANTY
Purchaser shall inspect the product(s) at the time of collection and shall notify Razelle of any defects or discrepancies within seven (7) days of the receipt of product(s). Absent such notification, Purchaser shall be deemed to have accepted the product(s). Razelle is not liable for any damage caused once product(s) are deemed accepted.
Any defective product(s) that are returned to Razelle must be adequately and securely packaged by Purchaser prior to shipment. Purchaser must include original box, packaging, all manuals, drivers and accessories and original receipt for all refunds, exchanges, and warranty repair services.
A $35 labor fee will be assessed if the products are returned and found to be non-defective.
Razelle reserves the right to replace defective parts with equivalent parts, new or refurbished, as Razelle deems necessary. Razelle will refund purchases within seven (7) days of receipt in most instances. We reserve the right to withhold any refund after 7 days.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Razelle, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by Razelle shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. Razelle shall return repaired or replaced product(s) to Purchaser, at its expense, via regular ground service within the 48 contiguous United States. Shipping charges by all other me-thods and to all other destinations shall be borne by Purchaser. The warranty does not extend beyond the original purchase of product(s) from Razelle. Any equipment used in conjunction with products purchased from Razelle is not covered under this warranty.
Claims for defective products over 7 days from date of invoice are not covered under this policy. Defective products and claims over 7 days from the date of invoice must be filed by customer service. No exchange, refunds or swap-overs are permit-ted for fault claims over 360 days.
Acceptance of purchased returns that are free of defects is purely at Razelle’s discretion. Refund of this purchase will be by way of a credit note only. A 10% handling fee with a minimum of $10 will be charged.
Due to the nature of Software and Games, we are only able to offer a refund for these items if they are unused. The unique license must not have been activated. Refunds on software and games that have been opened, used or activated are available only if the disk is faulty or damaged.
Goods or services sold via our Curate service that are sold as New condition are subject to our normal 15 day return period. Our "Any day, any reason" return policy allows you, the customer, to return your Curate order within 15 business days, as long as the order is not physically damaged, misused, or attempted return fraud. Razelle reserves the right to deny any refund for any reasons, but will do its best to accommodate in any way possible. Please review our Limited Warranty policy below to learn what is not a valid reason for return or exchange.
Goods or services sold via our Curate service that are sold as used, or in any way not new condition are sold in "as is" condition. Razelle ensures that the order is complete and in fully working condition, or is up to specifications and matches all specifications described to the customer. Razelle does not allow returns, exchanges, or provide warranty on any used goods or services sold via Curate. Special accommodations may be made, but will be determined on a case by case basis.
LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
• Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
• Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
• Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
• Any Product that has had its serial number altered, defaced or removed.
• Insufficient or excessive electrical supply.
•Abnormal mechanical or environmental conditions.
• Unauthorized disassembly, alterations, repairs or modifications.
• Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
• Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
• Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future soft-ware and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
• In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any lo-cal telecommunication approval stickers).
DOA POLICY
Any new, unused, unsold, undamaged product that proven to be defective within 7 days of the invoice date shall be deemed as dead-on-arrival ("DOA"), subject to verification by Razelle.
DOA products MUST be claimed with Razelle within 7 days of the invoice date. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by Razelle within the 14 (14) days of original purchase date.
Razelle reserves the rights to repair, exchange or issue credit to Purchaser on DOA product.
CANCELLATION & RETURNS POLICY
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to Razelle a sum equal to twenty five(25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse Razelle for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, Razelle may, in its discretion, refuse delivery and pursue its remedies hereunder and under applicable law, which shall include, for example, the right to file a legal action against Purchaser for the full purchase price and incidental damages suffered by Razelle.
PAYMENT
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, advanced payment of order including shipping against a supplied proforma invoice is required. Services have a grace period of seven (7) days of the due date defined on the invoice/bill before payment is required. Razelle only accepts credit card, check or PayPal as payment methods. Online, phone and mail in payments are accepted. Mail in cash is not accepted. Bounced checks will add a $35 fee to the outstanding unpaid invoice total. Razelle has the right to refuse checks as a form of payment method after one (1) check bounce per client which will be determined on a case by case basis.
JURISDICTION AND VENUE
Buyer agrees that any legal action brought against Razelle shall be governed by the laws of the State of Ohio without regard to its conflict of law principles. Purchaser agrees that the sole jurisdiction and venue for any litigation arising from orders made to Razelle shall be an appropriate federal or state court located in United States, Ohio.
If any term contained in this document is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other term. This document and all questions of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of Ohio, USA. Any legal action or proceeding arising from or related to this document or the transaction de-scribed herein shall be brought and maintained in State of Ohio, and the parties consent to the jurisdiction of these courts.
MISCELLANEOUS
Razelle may amend any terms and conditions at any time and take effect upon posting on Razelle’s website. This document sets forth the entire and final understanding of Purchaser and Razelle pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. Razelle’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
DATA RECOVERY ATTEMPTS AND SERVICES
Razelle may attempt to recover and retrieve data/information on your behalf on a failing hard drive, SD card, or various other forms of storage media. Pricing for recovery is subject to change, and can vary depending on the type of recovery being preformed. Razelle does not promise nor guarantee a 100% successful recovery attempt. If Razelle is unable to recover a single file or folder, or 0% of the device, the charge for the service is refunded and the Customer does not owe Razelle anything (minus shipping costs, or other fees where they may apply). If Razelle is able to recover 1% or more of data from the Customer's device, the Customer agrees to pay Razelle in full for the recovery service originally agreed to by the Customer. Razelle is not responsible for any damage to the device during recovery attempts. Razelle may need to open or attempt to open the device, which may void any warranties with the device's manufacture.
ENGAGEMENT
Our technicians fix computers every day and as such, we are very aware of the realities of computer repair. Razelle fixes computers for both business users and home users and this short document is made to inform you, as a Home or Business User, of the realities of computer repair so that our technicians can provide you with the best possible service. Please read these few pages carefully and don’t hesitate to contact us if something isn't clear.
A Home User is a person who uses their computer at home for personal use. This means that you do not have any work or business related files on your computer. If you do have one or two work or business related files on your computer, we may still be happy to fix it for you, but you acknowledge that we do not take any responsibility for any consequential loss which may arise out of damage or destruction of those files which may occur, despite our best efforts. Computers are complicated machines and as with anything complicated, things can always go wrong. No matter how much care our technicians take when they are fixing your computer, there is always a chance that something unexpected can happen resulting in the loss of information (data) or damage to hardware. This is especially true if your computer is in a precarious state to begin with.
As such our technicians follow a routine to ensure as far as possible that:
a) You do not lose any valuable data and,
b) You are aware of the choices available to you if there is a chance you will lose the data contained on your computer.
