Terms and Conditions
Last updated: March 28, 2021
Please read these terms and conditions carefully before using Our Service.
By using, or registering to use, the Service, you acknowledges that you have read, understood and agreed to the entirety of these Terms of Service.
These Terms of Service may be amended from time to time. It is your responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. You agree that the continued use of the Service after such changes to the Terms of Services have been published will constitute your acceptance of such revised terms.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Account means your account after entering into this Agreement, which enables your to use the Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Portugal.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Enwake.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Enwake App refers to the Software as a Service (SaaS) subscription-based product available at https://app.enwake.com.
- Processed Documents refers to the documents sent by you, through your Account, to be processed through the Service.
- Service refers to the Website.
- Structured Content refers to any data, whether personal or not, generated or extracted by the Service.
- Subscription refers to the fee based plan subscribed by the User for a fixed monthly or an annual period. The Service is provided through separate offers, which functionalities are described on the Enwake Website, or through specific tailored offer(s).
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website or Enwake Website refers to web pages and applications hosted under https://www.enwake.com and associated Services hosted at any enwake.com sub-domain.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions 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 and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Agreement will be effective after you create an Account, including a free trial Account, and will remain in effect until its termination by either Party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscription and one (1) year as from the date of the subscription of an annual Subscription.
All Subscriptions will renew for successive periods of the same duration by tacit agreement, unless terminated by either Party. You may cancel your Subscription at any time by selecting Cancel Subscription in your Account subscription page. Your Subscription shall remain active until the end of the billing period. It is your sole responsibility to anticipate the end of the Subscription, which consequences will be borne exclusively by you. No amount received in advance by Enwake for the Subscribed Plan will be refunded. Cancelling your Subscription will not result in loss of Structured Content and you may restart your Subscription at any time.
You may close your Account and terminate this Agreement at any time by selecting Delete account in your Account profile page and thereafter confirming via email. All Structured Content will be automatically deleted from the Service at the termination date of the Agreement. You will not be able to recover your Structured Content after the termination date of the Agreement. Enwake reserves the right to terminate this Agreement and close your Account if you breach the terms of this Agreement.
Our obligations under this Agreement
Enwake undertakes to use all reasonable and human resources to provide the Service, subject to (i) your full payment of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to Enwake. For maintenance operations, Enwake will endeavour to inform you in advance by email, via our Website or the Service application. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to our liability or indemnification of any kind. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to our applicable rates.
Your obligations under this Agreement
You enter into this Agreement as an individual or on behalf of a company or other legal entity, and you grants that you have the authority to bind such entity and its affiliates. Accounts registered by ‘bots’ or other automated methods are not permitted.
- acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by you.
- ensure that you maintain the security of the Account and the related password.
- accurately transmit, under your sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. You commit to report any change to these information.
- pay the contractual fees under the conditions set out in the Agreement.
- respect Enwake’s intellectual property rights.
- refrain from using the Service in conditions that may impair the functioning or safety of the Service.
- refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with Enwake.
- refrain from uploading, or transmitting unsolicited email or “spam” messages.
- refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by Enwake
- refrain from transferring to your Account, documents that may:
- impair the functioning of the Service.
- contain or be likely to contain viruses or any code of a destructive nature
- be of an illegal nature, contrary to the laws or regulations in force, contrary to morality (pornography, violence, etc.) or infringing third parties rights, including (without limitation) intellectual property rights and the right to privacy.
Accordingly, you are responsible for any damages such data could cause to Enwake, to a third party, to the Service and will hold Enwake harmless against any claims that may be brought against Enwake by a third party because of such data and, more generally, your use of the Service. While the Agreement prohibits such conduct on the Service, you understand and agree that Enwake cannot be held responsible for the Processed Documents submitted to the Service. You therefore agrees to use the Service at your own risk.
Enwake may remove Processed Documents, Structured Content and Accounts containing data that Enwake considers in its sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Intellectual property rights
All intellectual property rights on the Enwake Website and/or Enwake App or Service and all content available on the Enwake Website remain the sole property of Enwake. Enwake warrants that it has developed the Enwake App and owns the intellectual property rights to the Enwake App.
Enwake undertakes not to claim any ownership on the Processed Documents and Structured Content processed through the Service, which remain the sole property of the user of the Service.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: email@example.com