In General

Awakizen Technologies Inc. owns and operate this Website ("https://www.awakizen.com") and Awakizen App. This document governs your relationship with "https://www.awakizen.com" ("Website") and Awakizen App ("App"). Access to and use of this Website and App and the products and services available through this Website and App (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to these Services are permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason these Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of Services.

This Website and App may contain links to other websites (the "Linked Sites"), which are not operated by Awakizen Technologies Inc.. Awakizen Technologies Inc. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy page. By using these Services, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse Services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through these Services. Breaching this provision would constitute a criminal offense and Awakizen Technologies Inc. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Services or to your downloading of any material posted on it, or on any Website and App linked to it.

Taking action in case of problems

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem.

Removing your content

If we reasonably believe that any of your content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties, or Awakizen Technologies Inc., then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to our Services

Awakizen Technologies Inc. reserves the right to suspend or terminate your access to the services or delete your account if any of these things happen:

• you materially or repeatedly breach these terms, service-specific additional terms or policies
• we’re required to do so to comply with a legal requirement or a court order
• we reasonably believe that your conduct causes harm or liability to a user, third party, or Awakizen Technologies Inc.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through Services remains the property of Awakizen Technologies Inc. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Awakizen Technologies Inc. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Services nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of Liability

The material displayed on these Services are provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Awakizen Technologies Inc. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of Services or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Awakizen Technologies Inc.'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Rights you grant

You retain ownership rights of your content you upoad on the Services. However, we do require you to grant certain rights to Awakizen Technologies Inc. and other users of the Services, as described below.

By providing content to the Services, you grant to Awakizen Technologies Inc. a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Services and Awakizen Technologies Inc.’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Services.

You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your content through the Services, and to use that content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Services. This license does not grant any rights or permissions for a user to make use of your content independent of the Services.

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from the Services. You understand and agree, however, that Awakizen Technologies Inc. may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted.

You grant to Awakizen Technologies Inc. the right to monetize your content on the Services (and such monetization may include displaying ads on or within content). This Agreement does not entitle you to any payments.

Refund Policy

Once you add money to your account balance, it won't expire and you won't be able to withdraw it. We will deliver any active ads based on the budget you've chosen until your balance is used up. Any leftover money is non-refundable if you close your account while you still have an active balance, except where required by law.

Linking to Services

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Services must not be framed on any other site, nor may you create a link to any part of Services other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on Services are in no way associated, linked or affiliated with Awakizen Technologies Inc. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on Services are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Awakizen Technologies Inc..

Indemnity

You agree to indemnify, defend and hold harmless Awakizen Technologies Inc., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of Services or your breach of the Terms of Service.

Variation

Awakizen Technologies Inc. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website and App.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Awakizen Technologies Inc.. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Awakizen Technologies Inc..

Last updated on: 8 August 2021