AppTweak S.A. with its registered office at 1050 Brussels (Belgium), Avenue Louise 235, registered with the Crossroads Bank for Enterprises under number 0839.873.510 (hereinafter "AppTweak", "we" or "us"), offers App Store Optimization (ASO) services. It has developed a specific ASO tool that helps companies to improve their app store visibility and increase organic downloads (the “Tool”).
1. Acceptance of our terms and conditions
Any use by you of the website www.apptweak.com (the “Website”) and/or any additional service made available by AppTweak, including the Tool, (the “Services”) is conditional upon your acceptance of these Terms and Conditions, including our Privacy and Cookie Notice (collectively, the “Terms and Conditions”).
AppTweak reserves the right to amend these Terms and Conditions at all times without notice. You are responsible for checking these terms periodically for updates. If you continue to use the Services after we post changes to these terms and conditions, you confirm your acceptance with the new terms. When such a change is made, we will update the "Last Updated" date at the end of this document.
2. Use of the website and services
The Website is made available for general information purposes about the Services on the one hand, and for use of the Services on the other hand. We may add at any time and at our sole discretion any modifications or improvements to the scope of the Services.
We may enable you to establish an account with a username and password to access and use certain areas of the Website and Services (see https://www.apptweak.com/pricing). You may not create an account unless you are 18 years or older. Accounts registered by "bots" or other automated methods are not permitted. You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.
You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
You will only use the Services for your internal business purposes. It is forbidden to:
- allow a third party to use your account;
- use the Services to process data of a third party, and/or cause the Services to be available to any third party; and
- resell or commercialise access to or the use of the Services to any third party.
3. Intellectual property
AppTweak is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) related to the Website and the Services (including the Tool). Except as provided in these Terms and Conditions, your use of the Website or Services does not grant you any right, title, interest, or license to any such Intellectual Property rights. Except as provided in these Terms and Conditions, any use or reproduction of the Intellectual Property is prohibited.
You acknowledge and accept that that any use of these Intellectual Property other than authorized in these Terms and Conditions constitutes a breach of these Terms and Conditions and may result in immediate termination of your right to use the Website and/or the Services, without prejudice to any damages that you might be liable to pay.
You may not, in particular:
- copy or reproduce the Website and/or Services;
- modify, adapt, or create derivative works based on the Website and/or Services; or
- reverse engineer, decompile or disassemble the Website and/or Services.
4. Limited warranty
AppTweak seeks to publish information on the Website that is, to its best knowledge, up to date. However, AppTweak does not guarantee that the Website, or the Services available through it, will be provided on an uninterruptible basis, or that it or they are appropriate for any particular purpose. Nor does AppTweak guarantee that the Website and Services are secure, or free from error or viruses, or that the results obtained by using the Services are accurate, adequate, reliable or that potential errors appearing on it, if any, will be corrected.
The Services are provided “as is” and “as available”. AppTweak warrants to the user that the Tool will operate substantially in accordance with the functionalities described on our Website. This limited warranty shall not apply to problems that result from (i) factors outside of AppTweak's reasonable control; (ii) any failure by the user to comply with these Terms and Conditions; (iii) any failure by the user to use the Tool in accordance with the documentation or other instructions provided by AppTweak; (iv) any unauthorized use of the Tool; (v) the user's or any third party's hardware, software, and equipment; (vi) the user’s errors in entering, analysing, or reporting data; (vii) the fault or negligence of the user, operator error, improper use or misuse of the Tool, or any other causes external to AppTweak or the Tool; or (viii) downtime as a result of scheduled maintenance performed by or for AppTweak. To the fullest extent permitted by law, AppTweak disclaims all other warranties, either express or implied, including warranties of merchantability and fitness for a particular purpose.
The Website may contain hypertext links to other sites. These links are provided to the user on an indicative basis only. AppTweak does not control such websites nor the information contained in them. AppTweak cannot warrant the quality and/or exhaustiveness of this information.
5. Limitation of liability
Except in the event of wilful misconduct and to the extent permitted by mandatory law, we shall not be liable for (i) any loss of profit, loss of revenue, loss of contract, loss or corruption of data or loss of goodwill; or (ii) any indirect or consequential losses.
The maximum extent permitted by law, our aggregate liability, whether in contract, in tort (including negligence), under statute or otherwise under or in connection with these Terms and Conditions shall each be limited to the aggregate amount of charges you have paid to AppTweak in the twelve (12) months prior to the relevant liability arising.
These terms and conditions do not purport to exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for fraud or fraudulent misrepresentation.
A valid credit card is required for paying accounts and a credit card validation is required for free trial accounts, but will not be charged until immediately after the expiration of the trial period. Each paying account is entitled to a single 7-day trial period.
After the trial period, you shall pay the fees as agreed with AppTweak for the provision of the Services. We operate under a 48 hours refund policy. Therefore, if you forget to cancel your free trial or your subscription, our team will refund your first payment within 48 hours. If you exceed this period, we won’t be able to proceed with your refund.
An upgrade from any plan to any more expensive paying plan will be pro-rated. You will be billed the pro-rated fee immediately upon upgrading.
The Services are invoiced in advance on a monthly basis. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, refunds for months unused. Account credits do not roll over to the succeeding month.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. However, when necessary, your account will be pro-rated in the next billing cycle(s) when a downgrade occurs.
Downgrading your Service may cause the loss of content, features, or capacity of your account. AppTweak is not liable for such loss.
Prices of any Service may change. Such price changes shall only apply for the future. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us.
You can cancel your subscription anytime. You must be logged in to be able to unsubscribe. A link to cancel is available in the “My Account” section. Your feedback will be appreciated.
We may restrict, suspend, or terminate your access to the Website and/or your ability to use any of the Services at any time if we believe that you have breached these Terms and Conditions. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms and Conditions.
Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. All of your content will be immediately deleted from the Services upon termination of the Services. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
You not entitled to assign any of your rights or obligations under these Terms and Conditions or any other agreement entered into with AppTweak.
Any notices must be sent to AppTweak in English at info@AppTweak.com.
11. Applicable law and jurisdiction
These Terms and Conditions shall be governed and construed in accordance with Belgian Law. Any dispute arising from, or related to, the use of the Website, Services and/or these Terms and Conditions will be referred to the Courts of Brussels (Belgium).