Terms and Privacy
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.
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 [email protected]. 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 [email protected]. 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.
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").
1.5. 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.
1.8. 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
2.2. 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.
3.1. 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 [email protected].
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.
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.
7.1. 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 [email protected]. 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 [email protected].
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).
8.1. 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 [email protected].
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
10.2. 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.
11.3. 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.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
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:
- 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.
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.