Terms of Service
Last Updated: January 15, 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Afterwake ("we," "our," or "us") governing your access to and use of the Afterwake analytics platform and services (the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
Description of Service
Afterwake is a Business Intelligence (BI) and analytics platform that centralizes data from multiple ecommerce and marketing sources into a single, actionable dashboard. Our Service includes:
- Data Integration: Connection to third-party services such as Shopify, Meta Ads, Google Ads, and other ecommerce and marketing platforms
- Analytics and Reporting: Real-time insights, analytics, and automated recommendations
- Data Visualization: Dashboards and reports to help you make data-driven decisions
- AI-Powered Insights: Automated analysis and recommendations based on your data
Account Registration and Responsibilities
Account Creation
To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information remains accurate and up-to-date
Eligibility
You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that:
- You are of legal age to form a binding contract
- You have the authority to enter into these Terms
- Your use of the Service will not violate any applicable law or regulation
- You have the right to connect and access any third-party services you integrate
Account Security
You are responsible for maintaining the security of your account. We recommend using strong, unique passwords and enabling multi-factor authentication when available. We are not liable for any loss or damage arising from your failure to maintain account security.
Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit any malicious code, viruses, or harmful software
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Service or servers connected to the Service
- Use the Service to process or store illegal content or content that violates third-party rights
- Reverse engineer, decompile, or attempt to extract the source code of our Service
- Use automated systems (bots, scrapers) to access the Service without our express written permission
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Collect or harvest information about other users without their consent
We reserve the right to suspend or terminate your account immediately if you violate these acceptable use provisions.
Data Ownership and Rights
Your Data
You retain full ownership of all data you provide, upload, or connect to our Service ("Your Data"). We do not claim any ownership rights over Your Data.
By using our Service, you grant us a limited, non-exclusive, worldwide license to access, use, process, and store Your Data solely for the purpose of providing and improving our Service. This license terminates when you delete Your Data or your account.
Third-Party Data
When you connect third-party services to Afterwake, you represent and warrant that:
- You have the legal right to access and use such data
- You have obtained all necessary consents and authorizations
- Your use of such data complies with the third-party service's terms of service
- You will not use our Service to violate any third-party rights
Data Processing
We act as a data processor on your behalf. We process Your Data in accordance with our Privacy Policy and applicable data protection laws.
Subscription and Payment Terms
Subscription Plans
Our Service is offered through various subscription plans with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.
We reserve the right to modify our pricing, features, or subscription plans at any time. We will provide at least 30 days' notice of any price increases for existing customers.
Billing and Payment
- Payment Terms: Subscription fees are billed in advance on a monthly or annual basis, as selected by you
- Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
- Payment Methods: We accept major credit cards and other payment methods as specified on our website
- Failed Payments: If payment fails, we may suspend or terminate your access to the Service
- Refunds: Refunds are provided in accordance with our refund policy, which may vary by plan
Cancellation
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.
Upon cancellation, you will retain access to the Service until the end of your paid period. After cancellation, your account may be downgraded to a free tier (if available) or your data may be deleted in accordance with our data retention policy.
Service Availability and Uptime
We strive to provide reliable and continuous access to our Service. However, we do not guarantee that the Service will be available at all times or that it will be error-free.
The Service is provided on an "as is" and "as available" basis. We may:
- Perform scheduled maintenance that may temporarily interrupt service
- Experience unexpected downtime due to technical issues
- Modify, suspend, or discontinue features or the entire Service
- Impose usage limits or restrictions to ensure fair use
We are not liable for any damages or losses resulting from Service unavailability, interruptions, or errors. We will make reasonable efforts to notify you of planned maintenance and significant service disruptions.
Intellectual Property
Our Intellectual Property
The Service, including its original content, features, functionality, design, logos, and trademarks, is owned by Afterwake and protected by international copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code, unless laws prohibit those restrictions or you have our written permission.
Feedback
If you provide us with feedback, suggestions, or ideas about our Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our Service without any obligation to compensate you.
Third-Party Services and Integrations
Our Service integrates with third-party services such as Shopify, Meta Ads, Google Ads, and other platforms. Your use of these third-party services is subject to their respective terms of service and privacy policies.
We are not responsible for:
- The availability, accuracy, or reliability of third-party services
- Any changes third-party services make to their APIs or functionality
- Any data loss or issues resulting from third-party service outages
- Compliance with third-party service terms and policies
You are responsible for maintaining valid credentials and authorizations for all third-party services you connect to our Service. We may suspend or remove integrations if third-party services revoke access or change their terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTERWAKE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers or Your Data
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, or other harmful code transmitted through the Service
- Any errors or omissions in any content or for any loss or damage incurred
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Afterwake and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Your violation of any applicable laws or regulations
- Any data or content you provide, upload, or connect to the Service
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
Termination
Termination by You
You may terminate your account at any time by canceling your subscription and deleting your account through your account settings or by contacting us at support@afterwake.com.
Termination by Us
We may suspend or terminate your account immediately, without prior notice, if:
- You violate these Terms or our Privacy Policy
- You engage in fraudulent, illegal, or harmful activities
- You fail to pay subscription fees when due
- We are required to do so by law or court order
- We discontinue the Service or a material portion thereof
Effect of Termination
Upon termination:
- Your right to access and use the Service will immediately cease
- We may delete Your Data in accordance with our data retention policy
- You remain responsible for all fees and charges incurred up to the termination date
- Provisions that by their nature should survive termination will survive
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in accordance with applicable jurisdiction and venue requirements.
Informal Resolution
Before filing a claim, you agree to contact us at support@afterwake.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 30 days.
If we cannot resolve the dispute informally, you agree to resolve any disputes through binding arbitration or small claims court, as applicable.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Afterwake regarding the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance under these Terms resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or telecommunications failures.
Contact Information
If you have any questions about these Terms, please contact us:
General Support
support@afterwake.comLegal Inquiries
legal@afterwake.comAcknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.
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