Terms of Service

Last updated: 16th September 2019

Please read these Terms of Service (“Terms”) carefully before using the https://www.awake.ai website or the https://app.awake.ai, https://portapp.awake.ai’ web application (the “Service”) operated by Awake.AI Ltd (“Awake”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access and shall discontinue using the Service.

In addition to these Terms, Awake’s Privacy Policy (available at https://awake.ai/privacy-policy/) applies to the use of the Service. Our Privacy Policy helps you understand what personal data we collect, and how such data is used.

Subscriptions

Some parts of the Service may be accessed by subscribing to free subscription and some parts of the Service are billed on a subscription basis (“Subscription(s)”).

The entity purchasing a Subscription is hereafter referred to as the “Subscription Owner”.

All Subscriptions are personal and may be used by named users connected to a Subscription (“Subscriber” or “Subscribers”) only. The number of Subscribers included in a Subscription depends on the number of seats purchased by the Subscription Owner.

A Subscription is purchased for a subscription period chosen at the time of purchase. At the end of the subscription period, the Subscription is automatically renewed for a new subscription period corresponding to the term of the original subscription period. The Subscription Owner will be charged with the same payment method as with the most recent Subscription. The Subscription can be terminated at Service or by contacting your contact person at Awake at any time. If the Subscription is terminated, no subscription fees will be returned and all accrued and unpaid service fees will be charged.

Awake has the right to change the fees at any time and at its sole discretion. Awake will inform you in advance of the changed fees. By continuing the use of the Service or making new payments you will be deemed to have accepted such a change in the fees. Awake has the right to appoint payment service providers to receive payment of fees on behalf of Awake.

Termination

You may stop using our Service at any time.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or fail to make any payments hereunder.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

Content and Intellectual Property Rights

The Service displays information and materials submitted both by us and the users. When using the Service, you must evaluate the content in the Service carefully and bear all risks related to any content and take full responsibility for the use of any content in the Service.

The Service may allow you to submit content in the Service. When you submit content in the Service, you are entirely responsible for that content, and you agree not to submit any unlawful content, content violating any intellectual property rights, content containing any viruses or harmful code or otherwise inappropriate content. This responsibility continues even if you stop using our Services.

Awake may monitor any content in the Service, and we may moderate, remove or refuse to display any content in the Service at our sole discretion. This does not mean that we necessarily review any content, so do not assume that we do.

As between you and us, you retain all intellectual property rights and title to the content you submit to the Service. When you submit content to the Service, you grant Awake a worldwide, perpetual, fully paid up and unlimited license to use, store, reproduce, modify, create derivative works, communicate, publish, distribute and otherwise utilize such content for the purpose of providing Services. This license continues even if you stop using our Services. You represent and warrant that you have the legal right to grant these rights to Awake; please make sure you have all the necessary rights to grant Awake this license to the content you submit to the Service.

All rights, title and interest in and to the Service (including the related software and media), the design of the Service and associated content including text, computer code, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein are owned by or licensed to Awake. Using the Service does not give you ownership of or any rights to any intellectual property in the Service or the content you access, if not expressly otherwise stated in these Terms.

Confidentiality

Awake does not treat content that you submit to the website as confidential. Content submitted through the web application is treated as confidential within the users that have access rights to the submitted content according to the web application user authentication rules and policies.  

Support 

Free support assisting in the use of Service is provided, at our sole discretion and without any warranties or service level guarantees for response times, by email. Contact info@awake.ai for assistance.

Commercial support is available as a commercial subscription. Support subscription gives you access to a support request ticketing based support service with guaranteed response and processing times. Detailed support delivery terms are enclosed in a Service Level Agreement (“SLA”) document, that is negotiated between the parties prior to the start of the support subscription period.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Awake and enable you to access and use certain third-party services.

Awake has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Use of any such content, goods or services operated by third parties shall be subject to the relevant third-party’s terms and conditions applicable to such use. You further acknowledge and agree that Awake shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

Awake may change these Terms at any time, upon notice, and we recommend that you review the Terms regularly. If you do not agree to the new terms for the Service, you should discontinue your use of the Service. You will be deemed to have accepted such changes by continuing to use the Service. None of the changes will apply retroactively and the changes will become effective on the announced date.

Awake may change the Service by adding, modifying or removing any features or functionalities. We may also stop providing parts of, or the whole of, the Service. We may also create new operating guidelines, limitations or terms applicable to the Service at any time.

Reference right

Awake may use the name and logo of you, or the company that you are representing, in marketing collateral, websites, and promotional materials to identify you as a customer of Awake.

Disclaimers and Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AWAKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AWAKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AWAKE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AWAKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF AWAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). AWAKE’S LIABILITY, IF ANY, IS LIMITED TO THE AMOUNTS WHICH YOU PAID TO AWAKE FOR THE SERVICE OR SUBSCRIPTION.

Indemnities

You agree to defend, indemnify and hold harmless Awake and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors from and against any and all third party claims and all liabilities, assessments, losses, costs or damages, including reasonable attorneys’ fees,  resulting from or arising out of (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your actual or alleged violation of any third party rights. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service. Awake reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

Force Majeure

Awake shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Awake, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Awake’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Miscellaneous

If any particular provision of these Terms shall be held invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired.

If you do not comply with these Terms, and we do not take action right away, it does not mean that you are not fully obligated to perform your obligations in the future, or that we are giving up any of our rights, such as taking action in the future.

These Terms shall be governed by and construed in accordance with the substantive laws in force in Finland. These Terms shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. The official text of these Terms or any notices given or accounts or statements required hereby shall be in English.

Any dispute or controversy or claim arising out of or relating to the Service or these Terms, shall be resolved by final and binding arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one (1) arbitrator appointed according to the aforementioned rules. The arbitration shall be conducted in the English (or Finnish if both parties mutually so agree) language in Turku, Finland.

Contact Us

If you have any questions about these Terms, please contact us: info@awake.ai.

Awake.AI Ltd.

Business ID: 2945733-8

Address: DataCity, Lemminkäisenkatu 14-18C, 20520 Turku, Finland

Email: info@awake.ai

Website: awake.ai