End User License Agreement (EULA)

1. Acceptance of Terms

By accessing or using the Platform, you affirm that you have read, understood, and agree to be bound by this EULA, as well as our Privacy Policy and any other applicable agreements. If you do not agree to these terms, you must immediately stop using the Platform.

2. License Grant

Awakeness.ai grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for legitimate business purposes within your organization.

3. Restrictions on Use

You agree to the following restrictions:

3.1 No Illegal or Harmful Use: You will not use the Platform for any illegal, unethical, or harmful activity, including but not limited to:

• Violating any applicable laws or regulations.
• Engaging in harassment, abuse, or any activity that could harm other users.

3.2 Targeting Limitations: You may only use the Platform to interact with or target users within your own organization unless you have explicit written permission from Awakeness.ai to target external users.

3.3 Fair Usage Policy: You agree to adhere to Awakeness.ai's Fair Usage Policy, which may include limits on data usage, API requests, and other Platform resources. Excessive usage that impacts service quality or performance may result in restricted access or additional fees.

3.4 Prohibited Activities: You shall not:

• Modify, decompile, reverse-engineer or create derivative works based on the Platform.
• Access the Platform through automated means, including bots or scripts, without prior authorization.
• Share, sublicense or redistribute access credentials to unauthorized parties.

4. Data Ownership and Privacy

4.1 User Data: You retain ownership of any data you input into the Platform ("User Data"). By using the Platform, you grant Awakeness.ai the right to process and analyze this data solely to provide services and improve the Platform.

4.2 Data Protection: Awakeness.ai implements reasonable security measures to protect User Data. However, you are responsible for ensuring that your use of the Platform complies with any applicable data protection and privacy laws.

4.3 GDPR Compliance: Awakeness.ai processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable privacy laws. Users have rights under GDPR, including access, rectification, erasure, restriction, and objection to processing, as well as data portability and the right to lodge a complaint with the relevant supervisory authority.

5. Responsibility for Content

You are solely responsible for the content you create, upload, or share through the Platform. The Company disclaims all liability for any damages resulting from such content.

6. Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, designs, trademarks, and documentation, remain the property of Awakeness.ai. This EULA does not transfer any ownership rights to you.

7. Termination

7.1 Termination by User: You may terminate this agreement by ceasing all use of the Platform and deleting your account.

7.2 Termination by Company: Awakeness.ai reserves the right to terminate or suspend your access to the Platform at any time without notice if you violate this EULA.

8. Limitation of Liability

To the fullest extent permitted by law, Awakeness.ai shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform.

9. Warranty Disclaimer

The Platform is provided "as is" and "as available." Awakeness.ai disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Awakeness.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Platform or violation of this EULA.

11. Governing Law and Dispute Resolution

This EULA is governed by the laws of Romania, without regard to its conflict of laws principles. Any disputes arising under this EULA shall be resolved through binding arbitration in accordance with the rules of the Romanian Chamber of Commerce and Industry, with the venue located in Bucharest.

12. Amendments and Updates

Awakeness.ai reserves the right to update or modify this EULA at any time. You will be notified of significant changes through the Platform or via email. Continued use of the Platform after such updates constitutes your acceptance of the new terms.

13. Privacy Policy

This Privacy Policy governs the manner in which the website collects, uses, maintains, and discloses information collected from users (each, a 'User') of the website ('Site').