Terms & Conditions

Uses of Services

The terms and conditions below govern your account and the use of services provided by AWESUM® Digital.

Your contract and account are with AWESUM®, owned and operated by AWESUM® DIGITAL Ltd, registered in Scotland with Company number SC843305. By signing up for our services or using our platform, you agree to be bound by these terms.

Terms of Service

When you register for AWESUM® CRM or access the AWESUM® Digital website (referred to as "Our Services"), you consent to the stipulated terms and conditions ("Service Agreement").

Any enhancements or additions to the existing Services will also fall under this Service Agreement.

The latest version of the Service Agreement is always accessible here.

AWESUM® Digital can modify the Service Agreement by announcing alterations on its website.

It's advisable to periodically review the Service Agreement to stay informed about any revisions that might affect you.

Before utilising our Services or setting up an AWESUM® account ("Account"), you must acknowledge and consent to all terms in this Service Agreement, as well as AWESUM®'s Privacy Guidelines, Cookie Guidelines, and, if relevant, the Data Management Addendum ("DMA"), which are all referenced herein.

For your convenience, we've provided concise summaries in plain language. However, these are not legally enforceable. For a comprehensive understanding of your legal obligations, please refer to the entire "Service Agreement." By engaging with AWESUM® or any of its Services, you accept these conditions. Please remember to revisit periodically for any updates or modifications.

User Agreement & Responsibilities

When you register for a subscription plan with AWESUM®, referred to as "the Software", you recognise, confirm, and consent to the following:

(a) The Software is an evolving platform, with ongoing enhancements and feature additions.

(b) AWESUM® is committed to continuous software development to offer enhanced and innovative functionalities to its users.

(c) AWESUM® does not assure complete immunity from unexpected outcomes, data losses, communication interruptions, project setbacks, or unforeseen damages or losses.

(d) AWESUM® is not bound to incorporate or offer any particular features, whether suggested, hinted at, or trialled, into the Software.

(e) The 'onboarding' session is not an exhaustive setup service. It comprises a single Zoom meeting, capped at 60 minutes. During this session, an AWESUM® expert will guide you in linking your primary integrations, such as Email, Stripe, Facebook, Instagram, Google account, and Google Business Profile account. They will also provide a brief overview of your account.

(f) Comprehensive setup services, data migration, and extended sessions with AWESUM® Experts come at an additional charge, which you may opt for.

(g) You are solely responsible for safeguarding and managing all data and information processed by the Software.

(h) Any expenses incurred in backing up or restoring data, whether lost or corrupted due to your interaction with the Software, will be borne by you.

(i) Any long-term commitment does not bind you; you can terminate your plan whenever you wish.

(j) You recognise and confirm that the monthly package includes only a specified number of text messages, phone calls, and emails. Exceeding the stipulated usage, as detailed on the pricing page (https://Awesum.digital/pricing), will result in extra charges as per the 'pay-as-you-go' rate chart on the same page.

Creating an AWESUM® CRM account also acknowledges and consents to the associated Terms of Service.

1. Account Terms

By creating an account, you consent to the following stipulations:

• You must either be 18 or older, have reached the age of majority in your jurisdiction, or possess parental or guardian authorisation to use these Services.
• During registration, you must provide your genuine legal name, current residence, a legitimate email address, and any other necessary details.
• It's your duty to ensure that the details you provide during registration are truthful, precise, and comprehensive.
• Please note that AWESUM® will primarily communicate with you through the email address you've shared.
• Safeguarding your password is your responsibility.
• AWESUM® is not responsible for any losses or damages resulting from your inability to secure your account or password.
• You hold responsibility for all actions and uploaded content, including videos, documents, data, illustrations, photographs, and links, associated with your AWESUM® account ("Content").
• If AWESUM® determines that you've violated any aspect of the Terms of Service, your access to the Services may be instantly revoked.

2. Account Activation

As per section 2.1, the individual registering for the Services becomes the official account holder ("Account Owner") and is bound by our Terms of Service. This person is also granted the rights to any related account features we offer in association with the Services.

If you're enrolling for the Services on behalf of your employer, then the account is owned by your employer. Doing so confirms that you possess the authority to commit your employer to our Terms of Service.

3. Usage Guidelines

When using our Services, please be mindful of the following conditions:

We offer technical support exclusively to paid Account Owners, primarily through webchat and Zoom. However, different channels may be available if you've booked time with an AWESUM® Expert or have opted for a service that includes onboarding or another specified support method.

The behaviour of your account, as well as that of your clients, is your responsibility.

While using our Services, neither you nor your clients should:

• Engage in any illicit or unauthorised activities or breach any local laws, including copyright laws or the laws of the United Kingdom.
• Copy, sell, or exploit any part of our Services without our written consent.
• Disrupt or access services in ways other than those we've prescribed.
• Purchase keywords or domain names that imitate or misuse AWESUM® trademarks.
• Bypass any restrictions on your account.
• Test the security of any AWESUM® system without our prior consent.
• Attempt to uncover the technical underpinnings of our Services.
• Violate any confidentiality agreements or privacy settings.
• Store sensitive information using our Services. If you do, it's at your own risk, and you must comply with all relevant laws.
• Introduce malicious software or harmful links into the Services.
• Infringe on others' intellectual property rights or engage in illegal activities.
• Override any built-in restrictions in the Services.
• Lease, resell, or use our Services for the benefit of third parties without our consent.

For any queries regarding the Terms of Service, reach out to support@Awesum.digital.

Be aware that while your content (excluding credit card details) might be transferred without encryption:

(a) It could traverse multiple networks.

(b) It might be modified to meet the technical demands of various networks or devices.

However, rest assured that credit card details are always encrypted during the transfer process.

We don't intentionally cater to or sell products to minors. If you're under 16, you can only use our website or Services with the active involvement of a parent or guardian. Minors shouldn't provide any personal data on our website. If we discover that we've inadvertently collected information from a child under 13 without parental consent, we'll promptly delete it. If you suspect we have data from a child under 13, please get in touch with us at support@Awesum.digital.

4. Rights Held by AWESUM®

Here's a breakdown of AWESUM® rights concerning the Services and the associated Terms of Service:

We reserve the right to alter or discontinue the Services at any time, without prior notice.

We reserve the right to deny our Services to any individual or entity at our discretion.

AWESUM® doesn't conduct preliminary checks on Content. We decide whether to reject or remove any Content accessible through the Services.

While we're not obligated, we might decide to delete Content or restrict an Account Owner's access to the Services if they distribute Content that we deem, at our discretion, to be illegal, harmful, slanderous, defamatory, explicit, or in violation of any intellectual property rights or these Terms of Service.

Any form of verbal or written hostility (including threats) from an Account Owner or their representatives toward any AWESUM® client, staff, member, or executive will result in the immediate deactivation of their account.

We maintain the right to offer our Services to your rivals and don't guarantee exclusivity in any specific market area. You also recognise that AWESUM® staff and contractors might be users or instructors of AWESUM® and could be your competitors. However, they won't use your confidential data in such activities.

If there's a disagreement over account ownership, we may request documents to verify or establish the account's ownership. Such documents could include a scanned copy of your business permit, a government-issued ID, and the last four digits of the registered credit card, among others.

AWESUM® has the final say in determining the legitimate owner of an account and can transfer the account to that owner. If the rightful owner isn't clear, we might temporarily suspend the account until the conflicting parties resolve.

5. Agreement Clarity and Continuity

If AWESUM® doesn't act upon or insist on any right or provision in the Terms of Service at any point, it doesn't imply a waiver of that right or provision in the future. The Terms of Service represent the full understanding between you and AWESUM® and guide your use of the Services. This agreement precedes any earlier agreements or understandings between you and AWESUM®, including any previous versions of the Terms of Service.

6. Liability Restrictions

You acknowledge and consent that TreeTopFrog Ltd won't be held accountable for any direct or indirect damages, whether they're regular, incidental, or consequential, such as loss of revenue, reputation, data, or any other losses that arise from using or not being able to use our service.

TreeTopFrog Ltd and its suppliers are not liable for any loss of profits or other damages, even if they result from negligence, related to our website, our services, or this contract.

If any third party presents a claim or demand against us due to your actions, breach of this agreement, or violation of any law/rights, you'll protect and compensate us, including our affiliates, partners, officers, and employees, covering all legal fees.

The Services are provided to you "as is" and "when available", without guarantees or promises. We don't guarantee that our Services will always be perfect, secure, or timely.

We can't guarantee that the outcomes from using our Services will always be correct or dependable.

We don't promise that the quality of any products, services, or information you get from us will always meet your expectations, nor that we'll fix every error in our Services.

Our maximum liability for all claims, regardless of their nature (whether legal, contractual, or otherwise), won't exceed the lesser of: the fees you've paid us in the past month or £100 GBP.

7. Ownership of Content and Intellectual Property

AWESUM® doesn't lay claim to any intellectual property rights over the materials or Content you submit through our Services.

Whatever you upload remains your property. If you wish to remove your content from AWESUM® CRM, you can do so by deleting your account, and we'll erase your Content in accordance with our Privacy Policy.

You hold all rights to the content you provide to an AWESUM® site and ensure it adheres to relevant laws and regulations.

When you provide Content, you permit:

(a) AWESUM® to display and store your Content;

(b) Other online users to view your Content; and

(c) AWESUM® to inspect the Content you've provided to our Services whenever necessary.

You recognise that we might need to check specific content to ensure it's legal and doesn't breach these Terms of Service. While we can restrict access to or decline to showcase content we believe breaks the law or these terms, we're not obligated to oversee any content you or others submit.

Any feedback or ideas you share with AWESUM® related to our services or operations ("Feedback") becomes AWESUM®'s property. By providing Feedback, you relinquish any claims to ownership or compensation.

You grant AWESUM® a non-exclusive right to use your branding elements, like trade names, logos, and trademarks, to promote our service.

We won't share your "Confidential Information" (information you've given us that isn't public knowledge) with third parties unless it's part of delivering our Services. However, there are exceptions, such as if the information:

(a) Was already public when we received it;

(b) Becomes public afterwards without our involvement;

(c) Was shared with us by a third party without breaking confidentiality;

(d) Is something we're legally obligated to disclose; or

(e) Is something you've permitted us to share.

Even if you delete content, your account, or these terms are terminated, we may retain a copy of certain information if legally required.

8. Fee Procedures

To process orders, accounts must have a valid credit or debit card associated with them.

Your linked card will be automatically charged every 30 days for our subscription-based plans. The primary account holder will receive a payment confirmation via the registered email.

The account owner must contest any discrepancies or errors in the billing within two weeks of receiving the invoice.

For those outside the United Kingdom, the stated fees don't include current or future federal, provincial, state, local, or other governmental taxes, fees, or charges ("Taxes").

For tax residents in the United Kingdom, the subscription fee already includes the GST and applies to certain AWESUM® products and services ("Taxable Offerings").

AWESUM® doesn't offer refunds under any circumstances.

9. Account Cancellation & Data Deletion

You can cancel your subscription anytime by emailing us at support@Awesum.digital or by managing your account settings.

30-Day Cancellation Period

All subscription cancellations are subject to a 30-day notice period. This means:

• Your billing will stop 30 days after your cancellation request.
• You'll continue to have access to the platform during that period.
• No further charges will apply after the 30-day window.

Important: Data Deletion Upon Closure

Once your account is cancelled and the 30-day notice has passed, we will permanently delete all associated data, content, and records within 72 hours. This process is irreversible.

Before cancelling, it's your responsibility to:

• Back up any critical data, content, or communications.
• Export or save anything you want to keep.

AWESUM® is not liable for any data loss once deletion has occurred.

10. Adjustments to Services and Pricing

The costs associated with using AWESUM® can be adjusted, provided a 30-day notice is given. We might notify you of such changes by updating the AWESUM® website (awesum.digital) or through an announcement in your AWESUM® site's admin panel.

AWESUM® holds the authority to change or halt the Services, in whole or in part, with or without prior notification.

Any changes, suspensions, or discontinuations of our Services will not result in any liability on AWESUM®'s part towards you or any third party.

11. Use of External Tools

AWESUM® may allow you to utilise third-party tools, such as the AWESUM® App Store, as part of our Services. It's important to note that we don't oversee or influence these tools in any way.

Using these tools, you understand that they are provided "as is." AWESUM® doesn't endorse them, nor do we offer any guarantees or representations regarding their functionality. Consequently, we won't be held accountable for any issues arising from your use of these third-party tools.

When using these external services, it is crucial to be aware of and agree to their terms. Always ensure you're comfortable with the conditions set by the third-party providers.

We advise seeking expert guidance before relying on specific tools, especially those like tax calculators. They should be seen as reference points and not replace specialised tax advice when determining the appropriate tax rates to charge users.

12. AWESUM®'s Experts and Consultants

AWESUM®'s Experts and Consultants are a mix of in-house, contracted, and independent third-party professionals ("Experts") who assist in setting up and managing your AWESUM® site. It's important to note that while some Experts are part of our team, we don't employ all of them. Moreover, AWESUM® Consultants operate independently; we have no direct affiliation with them.

We don't officially endorse or vouch for independent consultants or 'experts'. Any work done by these independent Experts and Consultants, or any unfulfilled tasks, is not our responsibility. Any links to their websites, announcements about their services, or email responses related to them are shared for informational purposes only. Such references shouldn't be seen as an endorsement, affiliation, or recommendation of any kind by AWESUM®.

AWESUM® won't be held accountable for any direct or indirect damages arising from your interactions or contractual relationships with independent AWESUM® Experts or Consultants. This stance remains firm even if we've been informed of potential damages, and it's in line with the maximum extent permitted by law.

13. Respecting Copyright Laws

Our Stance on Copyright

In line with the Digital Millennium Copyright Act (DMCA), AWESUM® has a clear stance:

(a) We'll block or remove content we believe, in good faith, to be copyrighted material that's been illegally shared by our affiliates, content providers, or users.

(b) We'll discontinue services to those who repeatedly violate this policy.

13.2 Reporting Copyright Violations

If you think that content on AWESUM®'s platform infringes upon your copyright, please inform our designated agent with:

• A signed statement from the copyright owner or authorised representative.
• Provide details of the copyrighted work you believe has been infringed upon.
• Specific location of the content you're reporting.
• Your contact details: address, phone number, and email.
• A statement of good faith belief that the copyright owner didn't authorise the content.
• A sworn statement that the information provided is accurate and that you're authorised to act on behalf of the copyright owner.

13.3 AWESUM®'s Response to Valid Infringement Reports

Upon receiving a valid infringement notice, our policy is to alert the content provider or user about the notice. We'll remove the content in 48 hours unless a counter-notice is provided. If no valid counter-notice is received, the content will be permanently removed.

13.4 Counter-Notice Procedure

If you believe your content was wrongly removed, you can send a counter-notice to AWESUM® with:

• Your signature (physical or electronic).
• Identification of the content in question.
• A statement that you believe the removal was due to a mistake or misidentification.
• Your contact details and a statement that you consent to the jurisdiction of the Federal Court in your district or, if outside the United Kingdom, where AWESUM® is located.

We'll restore the content and inform the original complainant if we receive a valid counter-notice. The content will stay up unless the copyright owner takes legal action against the provider or user.

13.5 Contact for Copyright Concerns

For any copyright-related concerns, reach out to:

Name: AWESUM® DIGITAL, Attention: Copyright Infringement

Email: support@Awesum.digital

14. Vendor Details for AWESUM®

Business Identity: AWESUM® DIGITAL / AWESUM®

Language Agreement

All official documents and agreements related to this service will be drafted in the English language.

Copyright © AWESUM® 2024.

Visit our website at www.awesum.digital for our complete Terms of Service.