Terms and Privacy

Awario Terms of Use

These Terms of Use ("Terms of Use") are concluded between you ("Customer" or "you") and Techfusion LTD, Republic of Cyprus ("Awario", "we", "us", "our") in respect to the Services (as described below) provided through an internet-based software-as-a-service application available at awario.com ("Software").

Under the "Customer" in these Terms of Use means both (i) users who have registered in the Software and use the Services for a free trial period, and (ii) users who have already purchased paid access to the Services.

If you are an individual agreeing to the terms of these Terms of Use on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity and "you" and "your" shall refer herein to such entity.

As of the earlier date of (i) registration in Software, or (ii) receiving a Services payment invoice delivered by email, you agree to be bound by and comply with these Terms of Use, and to bind your Authorized Customers and require their compliance with these Terms of Use.

Please note that these Terms of Use may be amended from time to time as set forth herein and your continuing use of Awario constitutes the consent with the relevant Terms of Use.

1. TERMS OF THE SERVICES
1.1. Definition. Awario provides automated monitoring tools that help customers to track mentions of keywords they are interested in on Third-Party Platform ("Services").
1.2. Permitted Use. The data and information provided by the Services are intended for internal business use only. These data and information can only be used for the purpose of social media monitoring and analysis ("Permitted Use").
1.3. Resultant Data. Information, data and other content that is derived by or through the Software within the provision of the Services are automatically structured and visualized in the reports available in the Software ("Resultant Data"). Awario hereby authorizes the Customer to access and use Resultant Data solely during the term of the Terms of Use (as described in the relevant section herein), for the Permitted Use and by and through Authorized Customers in accordance with the terms and limitations set forth herein. This authorization is non-exclusive and non-transferable.
1.4. Software use. Until the termination of these Terms of Use, the Customer may access and use the Software pursuant to the terms fixed herein and other policies posted in the Software, as such policies may be updated from time to time. Awario retains all right, title, and interest in and to the Software and all logos and trademarks reproduced through the Software, and these Terms of Use do not grant the Customer any intellectual property rights to the Software or any of its components.
1.5. Scope. The scope of Services is determined by the plan chosen by you in the "Pricing" section of the Software and can be different in relation to the number of topics to monitor, new mentions per month, stored mentions per topic, number of possible Authorized Customers and other included features. Please note that Awario reserves the right to unilaterally amend the scope of Services included in each plan with your prior notice. Such amendments will become effective for you starting the next payment period after the notification (next month or year depending on the chosen plan).
1.6. Trial. Each Customer is granted a free trial of the Services for information purposes only with the limited scope of the Services as determined by Awario. After the end of the free trial period in order to proceed with the use of the Services you shall choose a relevant plan in the "Pricing" section of the Software and make a payment for it. If you will terminate the use of Services after the end of the trial period, your trial account will be removed in 14 days after the end of the trial period.
1.7. Authorized Customers. Depending on the plan chosen by you in the "Pricing" section of the Software you are entitled to invite your team members to the purchased plan ("Authorized Customers"). By granting access to those Authorized Customers, you represent and warrant they are members of your organization and that they will comply with the conditions set out in the Terms of Use.
1.8. Contractors. Awario may from time to time at its discretion engage third parties to perform the Services.
1.9. Service-related communication. You agree that the email address used to create the account within the Software may be used by Awario to send you Service-related communications. If you don’t longer want to receive Service-related communications, please use the opt-out function provided in the email.

2. NO WARRANTIES
2.1. You expressly understand and agree that all use of the Services and Software is at your sole risk and that the Services and Software are provided "as is". Awario does not warrant that the Services and Software meet your needs or requirements, that access to the Services and Software will be uninterrupted, fast, secure, and error-free. No advice or information, whether oral or written, obtained from Awario or elsewhere, shall create any warranty not expressly stated in these Terms of Use.
2.2. You are solely responsible for any consequences of your use of the Services and Software including any loss in profit or reputation, loss of data, cost of procurement, or other intangible loss.
2.3. You agree that Awario is not responsible for the completeness and accuracy of the Resultant Data.

3. OWNERSHIP
3.1. General rule. Awario retains all and any rights to the Services, Software, its components, any content placed in the Software, Resultant Data, and other intellectual property, except as expressly granted to the Customer herein.
3.2. Trademark ownership. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Awario. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Services and Software.
3.3. Feedback. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Awario a perpetual, worldwide license to use all comments, feedback, and ideas you may share with us, without notice, compensation, or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

4. REGISTRATION PROCEDURE
4.1. Creating the account. In order to get the Services, you must complete the registration process within the Software using your e-mail address. You agree that when creating the account, you will supply accurate and complete information and that you shall be responsible for keeping it up-to-date.
4.2. Login and password. You will receive a password and login to the provided e-mail upon completing the registration form. The login and password serve for the identification of the Customer and are required to access the account and receive the Services.
4.3. The login and password are confidential information. You are fully responsible for maintaining the confidentiality of the login and password, in particular, to prevent access to your login and password by third parties. Hereby you confirm that you are aware and agree that if any person, including an Authorized Customer, has been identified within the Software using your login and password, such person is recognized as you and any activity of such person is considered as your activity. Awario is not responsible for any consequences that occurred as a result of access by a third party to the Customer account.
4.4. Account deletion. Your account will be automatically deleted 30 days after the end of the last period you paid for or you can remove your account at any time by sending a request to support@awario.com.

5. RESTRICTIONS
5.1. Unless otherwise specified in the Terms of Use you must not:
a. Use information obtained from the Services directly for making a profit (including selling or licensing the information contained in the Resultant Data) or use it in a manner contrary to law;
b. Disclose any third parties’ information contained in the Resultant Data;
c. Copy and (or) distribute the Services and/or Software, in whole or in part;
d. Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part;
e. Use access to the Software, results of Services and any other information for the purpose of building or replicating the Services, Software, the conduct of any other activity that is competing to Awario’s business;
f. Try to interfere with the operation of the Software, disrupt the process of providing Services to other Customers, or otherwise try to harm the Software and/or its Customers (DoS, DDoS attack, etc.);
g. Use the Services and/or Software in any other manner that is contrary to the law.
5.2. The Customer undertakes to comply with the terms set forth herein and agrees that Awario may take all necessary measures to prevent and cease violations of the Terms of Use including removing the Customer’s account without prior notice and any refunds.

6. THIRD-PARTY PLATFORM
6.1. Definition. A Third-Party Platform means any third-party website, including but not limited to social media platforms (such as Twitter, Instagram, etc.) and online media platforms (such as news websites, blogs, forums, etc.) from which Awario may retrieve information as part of the search made via the Software. The list of Third-Party Platforms available with the Software can be amended from time to time without notice to the Customer. You further agree to be bound by any terms and conditions of all Third-Party Platforms made available through the Services.
6.2. In particular, Awario uses the YouTube API Services. YouTube requires us to notify you that the Services use YouTube API Services (i.e. data from YouTube) and to link the YouTube Terms of Service available at https://www.youtube.com/t/terms. By using Awario, you agree to be bound by the YouTube Terms of Service.
6.3. Lack of guarantees. Since the Software provides information from Third-Party Platforms, you understand and acknowledge that the Services are dependent upon the availability and completeness of data provided by Third-Party Platforms and availability of the Third-Party Platforms themself, and Awario cannot and does not guarantee the availability, completeness, or accuracy of any such data or Third-Party Platform.
6.4. Amendments. You also agree that the terms of receiving the information from a Third-Party Platform depend on the terms and conditions of the Third-Party Platform agreed by us, and such Third-Party Platform that can be amended at any time upon the initiative of the Third-Party Platform. Such amendments may make it impossible or significantly restrict the ability to obtain information from such Third-Party Platform, which may affect the scope of the Services, but is independent of our will and we are not responsible for it.

7. FEES
7.1. Price. As for the trial period, the Services are provided free of charge. After the trial period or choosing a plan, the Services are provided on a fee basis. Prices for each plan are placed in the "Pricing" section of the Software.
7.2. Payments conditions. The Service fee is paid 100% in advance. All prices and other payment conditions are indicated in the "Pricing" section of the Software and are relevant at the moment of payment. Awario reserves the right to unilaterally update the Services payment conditions, indicating updated conditions on the Software. Updated payment conditions will become effective for you the next payment period following the last fully paid period (next month or year depending on the chosen plan).
7.3. Special conditions. You can also request a special plan by contacting us at support@awario.com. If we agree on a special plan with you that will be different from the payment conditions placed in the "Pricing" section of the Software, then your payment conditions will be regulated separately via email used to register your account with the Software. If we need to make changes to such special conditions agreed with you, we will notify you in advance by email indicating relevant changes. If you do not agree with such changes, you may choose a standard plan as specified in the "Pricing" section of the Software, or agree with us on another special plan, or stop using Services.
7.4. Payment methods. The service fee can be paid using one of the methods provided in the Software. The Awario is not liable for the hardware and software complex of payment systems of providers and is not responsible for errors in such hardware and software complex. The payment provider is fully responsible for refunds if the money was written off because of any errors in the hardware and software complex of payment systems operation and the payment was not authorized by the provider.
7.5. Auto-renewal. By placing the order, the Customer agrees to the automatic renewal. The Customer acknowledges that the consent to the automatic renewal means that Awario may renew the plan chosen by the Customer and charge the Customer the appropriate fee for a plan to use the Services on a regular basis in accordance with the payment details provided by the Customer unless the Customer withdraws its consent to the automatic renewal or terminates the use of Services. In the event of an increase in the services fee, Awario will notify the Customer about that before the next write-off of funds. If the Customer will not agree to the increased service fee the Customer has a right to withdraw its consent to the automatic renewal or terminate the use of Services. You can withdraw your consent to the automatic renewal by sending a relevant request to support@awario.com.
7.6. No refunds. The Customer is not entitled to get any refund if the Customer has not used the Services or has not used it daily during the paid period with time breaks, etc. (regardless of the reasons).

8. MODIFICATION
8.1. Awario reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Software and/or Services, without prior notice to you.

9. TECHNICAL SUPPORT
9.1. All information on how to use the Services and Software is available in the Software.
9.2. If you have questions related to the correct work of the Software or issues regarding your account (such as creating the account and account recovery, etc.), you can contact Awario via the form in the Software, chat, or at support@awario.com.
9.3. Please note that technical support does not include any customization of the Services and Software, issues related to the generation of and providing the Customer with the reports.

10. INDEMNIFICATION BY YOU
10.1. Indemnification. You agree to hold harmless and indemnify Awario and authorized officers, directors, employees, agents, partners, resellers, successors, and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use, use of the Software, or violation of applicable laws, rules or regulations in connection with the Services and/or Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of any kind and nature.
10.2. Indemnification procedure. We will give you notice of any matters giving rise to a claim for indemnification. Immediately after receiving a correspondent notice from us you shall cooperate with us, take control of the defense and investigation of such matters. Particularly, within 10 business days after receipt of the notice with respect thereto at your sole cost and expense, you shall employ legal counsel approved by us. We shall not be liable for any settlements, litigation costs, or expenses incurred by you. Awario's failure to cooperate with you will not relieve you of your obligations under this section 10 except to the extent that you can demonstrate that it has been materially prejudiced as a result of such failure. We may participate in and observe the proceedings at our own cost and expense with counsel of our own choosing.

11. LIMITATION OF LIABILITY
11.1. Limitations. You expressly understand and agree that, to the extent not prohibited by applicable law, Awario shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. The foregoing limitations on Awario’s liability shall apply whether or not Awario has been advised of or should have been aware of the possibility of any such losses arising.
11.2. Remedy limitation. If the Customer claims damages associated with the use of the Services and Software, and provided that Awario is liable to the Customer for such violation in accordance with these Terms of Use, Awario at its sole discretion may (i) appropriately modify the applicable Services and/or Software so that it becomes non-infringing without a material loss of functionality, or substitute functionally equivalent services or software; or (ii) if the option mentioned above is not commercially reasonable, terminate these Terms of Use on written notice to Customer and refund the amount of the Services fee for a period in which the violation was detected. The obligations set forth in this clause shall constitute Awario’s entire liability and Customer’s sole remedy for any actual or alleged infringement.
11.3. Cap on liability. In any case, the cumulative liability of Awario to the Customer for all claims arising from or relating to the provision of the Services shall be a maximum of the Services fees paid to Awario by the Customer during the six (6) months immediately preceding the event which gave rise to the claim.
11.4. Force Majeure. In no event will Awario be liable or responsible to the Customer, or be deemed to have defaulted under or breached this Terms of Use, for any failure or delay in fulfilling or performing any term herein, (except for any payment obligation), when and to the extent such failure or delay is caused by any circumstances beyond Awario's reasonable control ("Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the effective date of these Terms of Use, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, the passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.

12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1. Applicable law. Any issue which is not agreed in the Terms of Use will be governed by the laws of England and Wales.
Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of the Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. The message is sent to the following e-mail address: to the Customer – to the e-mail address provided during registration; to the Awario – to support@awario.com. If dispute, disagreement, or claim was not solved by negotiations, such dispute shall be resolved in the competent courts of Larnaca, the Republic of Cyprus.

13. TERM OF THE TERMS OF USE
13.1. The Services are provided after you purchase one of the plans placed in the "Pricing" section of the Software and while you pay regularly according to the terms of the chosen plan. Once the paid period expires, and if you do not pay for the next period in accordance with the fees placed in the "Pricing" section of the Software at the moment of that payment, the provision of Services is terminated.
13.2. The provision of Services can be terminated before the expiration of the paid period in the following cases:
a. At the initiative of the Awario:
- without prior notice to the Customer if the Customer breaches any provision of the Terms of Use;
- with prior notice to the Customer for any reason if the provision of Services to the Customer becomes impossible.
b. At the initiative of the Customer:
- by not paying for the next payment period;
- at any time by deleting the Customer’s account;
- if a Force Majeure Event affecting Awario continues substantially uninterrupted for a period of 30 days or more.
13.3. Termination of the Services use or provision shall be considered a termination of these Terms of Use.
13.4. The Customer’s obligations to pay off the outstanding payments to Awario, if any, shall remain in force after Terms of Use termination until their full performance.

14. MISCELLANEOUS
14.1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.2. Entire agreement. These Terms of Use is the final, complete, and exclusive Terms of Use between you and Awario with respect to the subject matters hereof and supersede and merge all prior discussions and Terms of Uses between the parties with respect to such subject matters (including any prior Terms of Use).
14.3. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
14.4. Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".
14.5. Independent contractor. Your relationship to Awario is that of an independent contractor, and neither party is an agent or partner of the other.
14.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of these Terms of Use shall be binding upon assignees.