Terms of Use

1. INFORMATION ABOUT APPTWEAK S.A.

1.1. AppTweak is an App Store Optimization “ASO” all-in-one Software as a Service (SaaS) platform helping app developers and marketers to improve their app store visibility and increase organic downloads.

1.2. The general and informative website (https://apptweak.com, hereafter: the “General Website or Website”) and the SaaS Platform (https://app.apptweak.com, hereafter: the “Solution”) (altogether hereafter: the “Site”) is managed and operated under the responsibility of AppTweak S.A. with its registered office at 1050 Brussels (Belgium), Avenue Louise 235, registered with the Crossroads Bank for Enterprises under the VAT number BE0839.873.510 (hereinafter “AppTweak“, “we” or “us“).

1.3. These Terms of Use are specific conditions between AppTweak and any (legal) person (“User” or “you“) which relate solely to the access to and use of the Website and all of the features, functionalities, data, and content therein for the User which fully and unconditionally accepts them and must be supplemented, where applicable, by the Terms of Services, the Privacy Policy and the Cookies Policy which remain fully applicable to the legal relationship between AppTweak and the Users of the Website. They can be consulted at any time on the Site.

1.4. If you wish to purchase any of the SaaS Services offered by AppTweak, you will be redirected to our SaaS Platform (https://app.apptweak.com, hereafter: the “Solution”). Access to the Solution and any use of the SaaS Services automatically implies acceptance of AppTweak’s Terms of Services.

1.5. Any question or complaint can be directed to AppTweak at the above address or at the following e-mail address: info@apptweak.com.

2. UPDATES AND LANGUAGE VERSIONS

2.1. AppTweak reserves the right, at any time and without prior notice, to change/update these Terms of Use, the Privacy and Cookie Policy, as well as the access to the Website and its content. These changes are binding for the User(s) each time the Website is visited. It is therefore recommended to consult them at every use of the Website; the date of last modification is indicated at the top of these Terms of Use.

2.2. In case of differences between the language versions of these Terms of Use and/or the Privacy and Cookie Policy, the English version has priority.

3. ACCESSIBILITY AND OPERATION OF THE WEBSITE

3.1.  AppTweak will, insofar as possible, ensure that the Website is up-to-date and remains accessible to a normal number of Users. AppTweak does not guarantee that the functions of the Website will be available without interruption or error, that defects are immediately corrected or that the server that makes them available is free of viruses or other harmful components.

3.2.  AppTweak cannot be held liable for loss or damage, of whatever nature, which is the result of suspension, interruption, (technical) disruption, delay, difficult accessibility and / or termination of the accessibility of the whole or a part of the Website or viruses or other harmful elements that are present on the Website.

3.3. If the User finds an error, virus, or other harmful elements on the Website, they are requested to communicate it to AppTweak at the following address: info@apptweak.com, so that the necessary measures can be taken. AppTweak advises the User in any case to install firewalls, antivirus, and other necessary security software on his computer to prevent damage.

3.4. AppTweak reserves the right to suspend or stop the Website in whole or in part, at any time, without justification and without prior notice.

4. USE OF THE WEBSITE

4.1. The User agrees to use the Website only in accordance with its purpose, to the exclusion of any other purpose.

4.2. The User is obliged to ensure that all information he communicates is accurate and up to date.

4.3. The User agrees to use the Website in good faith and to respect the prevailing legislation, and in particular to refrain from:

– sending to AppTweak false or misleading content (and update this content, if necessary, to ensure that it does not become false or misleading), or communication that occurs as obscene, racist or xenophobic, insulting, deceptive, intrusive, offensive, harmful, violent, threatening, harassing, slanderous, infringing on intellectual property rights or any of these things;

– providing e-mail addresses or other types of content to AppTweak without the prior consent of the individuals involved;

– sending to AppTweak any content that violates the rights of a third party or damages them in any way (intellectual property rights, privacy, trade secrets, etc.);

– copying any literary, artistic, visual or audio-visual content of the Website for other purposes than personal consultation;

– extracting, by definitive or temporary transfers, all of or part of the content of the Website, or all of or part of one or different types of data available on the Website, no matter the extraction method used;

– reuse, through public disposal of all of or some of the content of the Website, or all of or part of one of the different types of data available on the Website, no matter the form;

– sending to AppTweak any content that refers to illegal websites or websites with inappropriate content;

– using the Website to send unsolicited spam, pyramid schemes or similar fraudulent processes;

– circumventing technical protection measures for documents and multimedia;

– taking any action that may adversely affect the proper functioning of the Website, the Service, including the use of computer viruses, ransomware or mass mailing;

– gaining (or attempting to gain) unauthorized access to (a part of) the Website or equipment (hardware and software) used for the proper functioning of the Website;

– using of a false name, a pseudonym or use of the identity of someone else or of an entity;

– using of the Website for purposes other than those described in these Terms of Use.

4.4. AppTweak can not be held responsible for any non-compliance by the User with the Terms of Use, the Privacy and Cookie Policy, and/or prevailing legislation. The User holds AppTweak harmless against any action, claim, or complaint from third parties (including public authorities) with regard to his/her use of the Website.

4.5. The User uses the Website entirely at his/her own risk. The Website, the components, and all information, software, facilities, and associated services are offered as they are, subject to availability without any form of guarantee (explicit or implicit), and within the limits of the applicable legislation.

4.6. AppTweak can not be held responsible for any loss or damage (direct, indirect, tangible, or intangible) arising from the use of the Website and its components or the inability to use the Website in whole or in part.

4.7. The User is obliged to inform AppTweak immediately in writing if they become aware of inappropriate behaviour or prohibited use related to the Website, by sending an e-mail to info@apptweak.com.

5. LINKS TO AND ON OTHER WEBSITES

Links to other websites can be displayed on the Website. Other websites may hold links to the Website. These third-party websites are not operated by AppTweak, which can not be held liable for their operation, content, and use. Unless expressly stated otherwise by AppTweak on the Website, the existence of such links does not imply any approval by AppTweak regarding these Third Party Websites or the use that could be made of them, nor any association or partnership with the operators of this Website(s).

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Website and its components (trademarks, logos, graphics, photos, animations, videos, music, texts, etc.) are the property of or duly licensed to AppTweak. They are protected by intellectual property rights (including copyright, neighbouring rights, rights relating to databases, design rights, trade secrets, and trademarks, etc.) and may not be reproduced, used, or distributed without the prior written consent of AppTweak or, as the case may be, the relevant right holder.

6.2. Other product or company names mentioned on the Website may be the trademarks of their respective owners. The User is prohibited from modifying, copying, communicating, translating, distributing, reproducing, publishing, licensing, assigning, or selling the information, software, products or services obtained from these Websites without the prior written authorization of the right-holder or AppTweak. It is also forbidden to create works derived from the aforementioned elements.

7. PERSONAL DATA

7.1. Use of the Website or the Services may result in the collection and processing of personal data by AppTweak. AppTweak is committed to protecting the User’s Personal Data

a) in accordance with Data Protection Laws (hereinafter the “Data Protection Laws”; meaning European Privacy Laws, where applicable, (i) EU Regulation 2016/679, adopted on 27 April 2016 (“GDPR”), (ii) Directive 2002/58/EC of 12 July 2002 (“e-Privacy Directive”), and any legislation replacing the GDPR and the e-Privacy Directive, (iii) any law, statute or regulation relating to the protection of Personal Data of a Member State of the European Economic Area (“EEA”), which may apply to one of the Parties in the context of its data processing activities or its establishment in the EEA, and all subordinate legislation made under them, together with any codes of practice or other guidance issued by the data protection regulator in the Territory), and

b) under the conditions detailed in our Privacy Policy available by clicking on the following link: privacy policy.

7.2. In order to simplify access and navigation on the Website, and to personalize the presentation for each User, the Website uses “cookies” as described in the Cookie Policy.

8. REQUIREMENTS REGARDING THE CONTENT PUBLICATION

8.1. The User commits not to publish on the Website content that might:

– mention Third-Parties information such as addresses, phone numbers, e-mail addresses, social security numbers, and credit cards numbers;

– in AppTweak’s reasonable judgment be reprehensible, or that can restrain any other individual’s use of the Website, or that could trigger for AppTweak or users of the Website their responsibility or damage.

8.2. The User commits to full responsibility for the content published on his/her profile and its consequences.

8.3. The User possesses all the content they publish on the Website. The User declares and certifies that they possess indeed (a) all rights on the content they publish or obtained the necessary authorizations for publishing; (b) the User’s content is exact; and (c) the use and display of the content furnished do not violate these Terms of Use nor any other right, or harm or prejudice another individual or entity.

8.4. Only for the use of the Website and for services facilitation, if the User publishes content on the Website unless stated otherwise, they grant AppTweak a non-exclusive and free license to use, reproduce, adapt, publish, translate, create new derivative works, distribute, execute or display this content worldwide on any support on or related to the Website and the promotion of it, and without use restriction regarding the User’s name, image or identity.

9. MODERATION AND GOOD BEHAVIOR

9.1. AppTweak is not to be held responsible for all the content a User posts, stocks or downloads through the User or any other individual, or for all loss or damage, or any user’s conduct, and AppTweak is not responsible for errors, defamation, omissions, wrong information, obscenity, pornography or blasphemy that the User might encounter.

9.2. This provision does not create any right or reasonable expectation that the Website might never hold any content cited previously. As a Website provider, AppTweak is not responsible for declarations, representations, or content furnished by its users in any public forum, Website, Solution, message, or communication.

9.3. Even though AppTweak is not entitled to filter, edit or control the content posted on the Website, AppTweak holds the right to, at its own discretion, retract, filter, or modify any content posted or stocked on the Website for any reason whatsoever, and without prior notice. The User is the only one entitled to copy or safeguard any content They publish or stock on the Website.

9.4. If the content published by a user were not to respect the previously enounced provisions in the Terms of Use, AppTweak holds the right, immediately and without prior notice to suspend, delete, or ask for modification of the content.

9.5. The User can thus not, pretend to any damages or interests. It is therefore reminded that the User personally incurs, the specific criminal sanctions in regard to the litigious content (prison penalties and fines), other than any eventual conviction to pay monetary damages.

9.6. In the case of a dispute between users regarding content published by one of them, it is the User’s duty to get in contact with each other and to find a solution to their dispute. AppTweak is not expected to intervene and will not intervene in that dispute resolution. AppTweak holds the right not to give any follow-up to the claim of a User that would be addressed to her, and without any responsibility.

10. COMPLAINTS

Every claim/complaint of the User regarding the Website will be communicated in writing within eight (8) calendar days after it has become known that there is a reason to do so. The absence of any dispute in accordance with the aforementioned rules implies unconditional acceptance by the User of the fact that gives rise to the claim and, de facto, the definitive waiver of any claim under this point.

11. VALIDITY OF CONTRACTUAL CLAUSES

11.1. If a provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The Parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision that achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. The obligations of the Parties under any invalid or unenforceable provision of these Terms of Use will be suspended while an attempt at substitution is made.

11.2. Any failure or delay by a Party in exercising any right under these Terms of Use shall not constitute a waiver of its rights under these Terms of Use or preclude the further exercise of any such rights unless waived in writing.

12. APPLICABLE LAW AND COMPETENT COURT

12.1. The validity, interpretation, and/or execution of these Terms of Use are entirely and exclusively subject to Belgian law, to the maximum extent permitted by the prevailing rules of private international law.

12.2. The Parties irrevocably agree that the Courts of Brussels (Belgium) have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use.

12.3. Before launching legal proceedings, the User and AppTweak will aim to resolve the dispute amicably. That is why they will first contact each other. Then if appropriate and necessary, reach out for mediation, arbitration, or any other alternative dispute resolution method.