Terms and Privacy
Awario Privacy Policy
This privacy policy sets out how Awario uses and protects any information that you give Awario when you use this website.
Awario is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
What personally identifying information does Awario collect?
The level of information Awario collects depends on the level of your site/application usage. If you opt to use a free version of our software, you are required to enter your email address and name. We need this information in order to identify your account within the application.
If you purchase our software, we collect your email address, full name, address and credit card information or PayPal information. The payment is processed by a third-party secure server to ensure the safe transmission of the sensitive information. We do not store or have direct access to your payment information at any time.
Awario uses collected information for the following general purposes: products and services provision, billing, customer support, and research.
Awario does not share your email address or other personally identifying information with any third parties, except our service providers, such as credit-card payment processors, performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. The third-party service providers are subject to their respective privacy policies set forth to protect the sensitive information.
What tracking information does Awario collect?
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
Awario also uses third-party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the Internet. As always we respect your privacy and are not collecting any identifiable information through the use of Google's or any other third-party remarketing system. This allows us to make special offers and continue to market our services to those who have shown interest in our service.
For Google's advertising network, you may adjust your advertising preferences by visiting the Ads Preferences Manager.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
How we store our data?
We take appropriate physical, electronic, software related and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
When data can be disclosed?
Awario may disclose personally identifiable information under special circumstances in order to comply with valid legal processes. In addition, Awario may disclose certain information to our service providers, such as credit-card payment processors, performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. The third-party service providers are subject to their respective privacy policies set forth to protect the sensitive information.
Email contact
Awario will not share your email information with third parties, except our service providers, such as credit-card payment processors or e-mail distribution service providers performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. The third-party service providers are subject to their respective privacy policies set forth to protect the sensitive information.
When you sign up for the free version of the software Awario collects your email address. We may occasionally use this email to inform you about the important software updates or other relevant information that is important for your user experience. If you do not want to receive e-mail updates from Awario, you may unsubscribe by following the unsubscribe link included in the e-mail.
How to modify or delete your data?
If you want to modify your personal data, you can do it in your account settings at any time. Your data will be modified as soon as you make changes in your account settings and in accordance with such changes.
If you want to delete your data permanently, you can contact us with the relevant request at support@awario.com. By deleting all your data, which includes your e-mail address, name, and company name, you won’t be able to continue using Awario. Please note that after your request we can retain your data as necessary to comply with our legal obligations or resolve disputes. For instance, we can keep your data while you have outstanding debts to us.
If you don’t want your data to be deleted, but you no longer want to receive the email newsletter, you can opt out of receiving the email newsletter by pressing the “Unsubscribe” button in any email or by contacting us with the relevant request at support@awario.com. After this, you will no longer receive the email newsletter, but your data will not be deleted. Please note that if you opt out of receiving the email newsletter you may miss out on great deals or discounts.
If you have further questions regarding our privacy policy, contact us at support@awario.com.
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. 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.
6.3. 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.