Terms of Use March 1, 2024
Before using Fawi, the user must agree to the Fawi Account Terms of Use and the Fawi Privacy Policy.
With Fawi, the user has a wide range of different apps at their disposal, which can be used without the need to install. Users can explore the store by searching and finding apps that satisfy all types of needs. Fawi can be used on any device as long as it meets the app compatibility requirements.
To use our Services, you need compatible hardware, software (the latest version is recommended and sometimes mandatory) and Internet access (fees may apply by third-parties). The performance of our Services may be affected by these factors.
Definitions
Digital Content: Any digital creation (Products, Apps, Various Content) developed, managed and distributed using the services of the Fawi platform.
User: The person who uses contents benefiting from the Fawi services.
Device: any device that can access Fawi.
Fawi:
- Fawi, A Portuguese company, registered at the Commercial Registry Office, under the taxpayer identification number 516944223, headquartered at AV FERNANDO PESSOA 11 ESCRITORIO 7 LISBOA 1990 108.
- the software and services that allow Developers to distribute Products to Device users, including also a professional module (Fawi Office) that allows creation, management, and publication of those Products. Any reference to Fawi in this Agreement must be interpreted to also include the Fawi Office, every time such interpretation is possible.
Intellectual Property Rights: all patent rights, copyrights, trademark rights, trade secrets rights, database rights, moral rights and any other intellectual property rights (registered or unregistered) worldwide.
Payment Account: a financial account assigned by a Payment Processor to a Developer that authorizes the Payment Processor to collect and send payments on behalf of the Developer for Products distributed through Fawi.
Payment Processor (s): the entity authorized by Fawi to provide services to users, allowing users with Payment Accounts to get paid for Products distributed through Fawi.
Contents: software, content, digital materials and other items and services made available by Developers Apps or through Fawi.
In-Store-Purchase: Todas as cobranças de acesso aos produtos, feitas através da Fawi e sem recorrer ao uso direto do API de pagamento da “Fawi Wallet”, por parte dos desenvolvedores.
In-App-Purchase: Todas as cobranças de acesso aos produtos, feitas através dos aplicativos e do uso direto do API de pagamento da “Fawi Wallet”, por parte dos desenvolvedores.
Fee: Any and all additional amounts charged by Fawi in transactions made through the Fawi Wallet processor.
Boosted Advertisements: Paid advertising for Products distributed through Fawi and/or applications.
Tax: any taxes on the sale, use, value-added; federal, state or local goods and services, as well as other similar transaction taxes. This term excludes taxes on telecommunications and similar types of taxes, real estate taxes and taxes based on the Developer's income, including withholding taxes, income, franchise, activity, and occupation, as well as other similar types of taxes.
1. Term Scope
1.1 Given that the contents of the third-party apps, allocated via the Fawi platform, come from servers of the related Publishers, Fawi is not responsible for interactions, permits, payments, and data exchange between the third-party apps and their users, so this term of use only covers interactions with the Fawi platform servers, through the Fawi App.
2. Age restrictions
2.1 The use of Fawi requires that the user has a valid email account, with true information, and that the user accepts the app Terms of Use. Some content may be considered inappropriate for minors, as it requires parental control or a legal guardian through the configuration of "parental control" or access to devices, therefore respecting any age restrictions applied when using Fawi.
3. Use of third-party apps
3.1 Each user commits to check the information of third-party applications distributed by the Fawi Store, namely the Privacy Policy, Terms of Use and Permissions before interacting with it.
4. Fees from third-parties
4.1 It is not Fawi's responsibility to charge any access fees or data incurred by third parties (such as your internet provider or mobile operator) related to the use and viewing of content through Fawi.
5. System Permissions
5.1 The User must grant Fawi all System Permissions needed, to guarantee the functionality of the Fawi platform and better user experience.
5.2 When using Fawi, the user accepts that the System Permissions are used by third-party applications, however, the user will have to authorize each permission of each application, for better security and transparency in the system.
5.3 The User may disable the permissions, through their Fawi settings, at any time.
6. User Data
6.1 User data will be treated in accordance with Fawi's Privacy Policy.
7. User History
7.1 When opening the apps, the user grants Fawi permission to store the access history of each app.
8. User Favorites
8.1 By selecting the “favorite” option or by clicking on the star representing the “favorite” option, the user allows Fawi to save the user's list of favorite apps.
9. Shortcuts
9.1 When selecting the option “Add to home screen”, the user permits Fawi to save the application shortcuts to the home screen of the device with the appropriate features.
10. Recommendations
10.1 The Fawi Services may recommend Content based on the Apps you used and other activities. You may choose to be excluded from receiving personalized recommendations to some Services in your account settings. Some recommendation features may require your permission before being activated. If you enable these features, you will be asked to give Fawi permission to collect and store certain data, including, but not limited to, data on your device's activity, location, and use.
11. Rules for Use of Content and or Services
11.1 Your use of the Fawi Content and or Services must follow the rules established in this section ("Usage Rules"). Any other use of the Content and or Services constitutes a material breach of this Agreement. Fawi may monitor the use of the Content and or Services to ensure that you are following these Usage Rules.
11.2 Through Fawi, you can access a set of Third-Party Apps, with no need to install them on your device. You can use Apps on any device that you own or control, which is compatible and that allows access to Fawi.
11.3 You can access the Content and/or Services using the Fawi software and your User Account, and you won't be able to modify or use modified versions of our software.
11.4 You may use the Content and or Services only for personal, non-commercial purposes.
11.5 The delivery of Content by Fawi does not transfer to the user any rights of commercial or promotional use and does not constitute a concession or exoneration of any rights of the copyright holders.
11.6 You may not tamper with or work around any security technology included in the Fawi Services.
12. Availability of Content and services
12.1 The terms related to Services, types of Content, features or functionality that can be found in this Agreement and are not available in your country of residence, will not apply to you except and until they are made available to you. Some Services and Content available to you in your country of origin may not be available to you when traveling outside your country of origin.
13. Devices
13.1 Depending on the type of device used, you may not be able to access all the features or types of Content provided by Fawi, which cannot be held responsible for such a situation.
14. Fawi Payments
14.1 You can access Fawi's Content and or Services free of charge or for an amount, with either purchase being referred to as a “Transaction.” Upon each Transaction, you acquire a license to use only the Content or benefit from the Fawi Services. Each Transaction constitutes an electronic contract between the user and Fawi.
14.2 All payment procedures and or subscriptions to the services provided by the Fawi platform are made through service providers, so the user should consult the Fawi Privacy Policy.
14.3 Fawi will charge you for any paid Transactions via your selected payment method (credit card, debit card, gift cards/gift code, digital wallet or other means available in your country of residence), including all applicable taxes. If for any reason, we are unable to charge you via the selected payment method (for example, due to expiration date or insufficient funds), you will remain responsible for the unpaid amounts and we will try to charge again using the chosen payment method as soon as your payment method information is updated.
14.4 You agree to receive all invoices in electronic format, which may include email.
314.5 The prices of the Content and or Services may change at any time.
14.6 If technical problems prevent or unreasonably delay the delivery of Content and or access to Services on Fawi, your exclusive and only recourse will be to try again or request a refund of the price paid if the first option fails and upon justification.
14.7 Fawi may refuse a claim for refund at any time if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Fawi to a corresponding counterclaim.
14.8 Right of cancellation: If you choose to cancel your order, you can do so without any given reason, within 14 days after the date you received the receipt. To cancel your order, you will need to inform us of your decision. To ensure that the process is immediate, we recommend that you use the support email: “support@myfawi.com”. Subscription services can only be canceled after the initial subscription and not after each automatic renewal. You also have the right to inform us by using the template cancellation form below or by making any other clear statement. To meet the cancellation deadline, you must send the cancellation notice before the 14 day period expires. We will refund you within 14 days of the day we receive your cancellation notice. We will use the same payment methods you used for the Transaction, and you will not incur any costs for such a refund. You cannot cancel your content supply order after the beginning of the order delivery and the acceptance that you will lose, therefore, the right to cancel.
Cancellation form template: - For Fawi: - I herewith state that I intend to terminate my contract regarding the following: [INSERT PURCHASE ID]; - Purchased on [INSERT DATE] / received on [INSERT DATE]; - Buyer's name; - Buyer's address; Buyer's email (optional); - Date.
15. Subscriptions
15.1 The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid subscriptions are automatically renewed unless canceled in your Fawi account settings or Payment Processor account settings. We will notify you if the price of a Paid Subscription has increased and, if needed, we will obtain your consent to continue the Subscription. You will be charged by no more than 48 hours before the start of the last Paid Subscription period.
15.2 If by any reason we are unable to charge through the payment method (for example, due to expiration date or insufficient funds), and if you have not yet canceled the Paid Subscription, you will remain responsible for any unpaid amounts and we will attempt to charge through payment method as soon as you update your payment method information. In this case, the beginning of your next Paid Subscription period might change as well as the billing date for each period. We reserve the right to cancel your Paid Subscription if we are unable to charge your payment successfully when renewing your subscriptions.
15.3 Certain Paid Subscriptions may offer a free trial period before charging. If you decide to cancel a subscription to a Paid Subscription before we start charging you via your payment method, cancel at least 48 hours before the free trial period ends.
16. Content License
16.1 Licenses for accessing third-party apps through Fawi, are provided to you by Fawi itself, considering that there is no installation of third-party apps.
16.2 Under no circumstances will access be sold, rather licensed.
16.3 Fawi grants you a non-transferable license to access Third-Party Applications. You cannot transfer, redistribute or sublicense the licensed accesses of Third-Party Applications. You may not copy, attempt to obtain the source code, modify or create works derived from Third-Party Applications or from any updates (except when this is permitted by the licensing terms determining the use of open-source components included in the Third-Party Applications).
16.4 After the User accesses third-party apps, Fawi is not responsible for any subsequent licensing of the bond between the End User and third-party Applications.
16.5 Fawi acts as an agent for App Providers by making the Fawi Store available, not being a part of the sales contract, licensing or user agreement between the user and the App Provider. Any App you access is guided by the End User License Agreement (EULA) to be made available by the correspondent Supplier.
16.6 The Supplier of any Third-Party App is solely responsible for its content, guarantees, and any claims that it may have concerning the Third-Party App. You acknowledge and agree that Fawi is a third-party beneficiary of the EULA provided by each Third-Party App.
16.7 Fawi is not responsible for examining or evaluating the content or accuracy of any Third-Party Apps, and will not be responsible for any External Third-Party Services.
16.7 Fawi will be diligent and use reasonable techniques concerning accessing Third-Party Apps and any External Services provided or made available by Third-Party Apps to the user. Fawi makes no other promises or gives any other guarantees regarding Third-Party Apps and their External Services and, in particular, does not guarantee:
- That its use will take place without interruption or errors;
- That it will be provided free of loss, corruption, attacks, viruses, interference, hacking or other security intrusions, and Fawi waives any responsibility related to the above. The user is responsible for backing up their system.
17. Third-Party Application Maintenance and Support
17.1 Fawi is responsible for providing maintenance and support only for the Fawi platform, or as required by applicable law. App Providers are responsible for providing maintenance and support for Third-Party Apps.
18. Quotes and Public Comments
18.1 The User may evaluate their experience using the apps, whether or not followed by a personal comment and cannot: - Publish any materials for which they do not have permission, right or license to use; - Publish censurable, offensive, illegal, misleading or harmful content; - Publish other's personal, private or confidential information; - Publish or transmit spam, among others, unsolicited or unauthorized advertising, promotional materials, or instructional advertisements;
18.2 The use of such features must comply with the given guidelines, which may be updated from time to time. If you see content that does not comply with these guidelines, please use the Report a Problem feature. You herewith grant Fawi a worldwide, royalty-free, perpetual, non-exclusive license to use the submitted content and related marketing within the Services, as well as for Fawi's internal purposes. Fawi may monitor and decide to remove or edit any content submitted.
19. Third-Party Apps Updates
19.1 Whenever updates are made by third-party apps, the user will be notified and asked for the respective permit to carry out updates that may be indispensable for the proper functioning of the apps. Such updates serve both to add new features and permissions and to correct errors found in third-party apps.
20. Malware
20.1 If the user perceives any evidence of Malware behavior by third-party apps, he must immediately stop using them and report the services of the Fawi platform.
21. Complaint
21.1 Through the option "Flag App" in the store information area of the apps, the user can report any app that they believe to be malicious, showing that the data provided is false, inappropriate, and with content viewed as illegal, racist, threatening, defamatory, obscene, invasive of the privacy of others, inciting any type of violence or copying and infringing intellectual property.
22. Third-Party App Dispute Resolution
22.1 Conflicts resulting from the use of third-party apps by the user, must be resolved between the user and those responsible for the apps.
23. Disclaimer of Warranties; Liability Limitations
23.1 Fawi will provide the Services with reasonable efficiency and techniques. Fawi does not make any other agreement or guarantees about the Services and in particular, does not guarantee that:
- The use of the Services will be uninterrupted or error-free. Occasionally, Fawi may suspend the Services for indefinite periods, or cancel the Services at any time for technical/operational reasons and if possible will notify you;
- The Services will be exempt from loss, corruption, attacks, viruses, interference, hacking, or other security breaches which will be considered Force Majeure events, and Fawi disclaims any liability related to it. You will be responsible for the backup of your system before, during and after using the Services, including any content or data used related to or acquired from the Services.
- Fawi will not be held responsible for data charges that the User may incur related to the use of the Services.
23.2 Except as described in point 22.4, or if you are exercising refund or applicable legal compensation right, in no event will Fawi, its directors, officers, employees, affiliates, agents, suppliers, or licensors be liable for any loss or damage caused by Fawi, its workers or agents when:
- There is no violation of a legal duty towards you due to Fawi or to any of our workers or agents;
- Is not a reasonably foreseeable result of any of these violations;
- Any increase in loss or damage results from your breach of any term or condition of this Agreement;
- Results from a decision by Fawi to remove or refuse to process any information or content, to advise you, to suspend or terminate your access to the Services, or to take any other action in the course of a suspected breach or as the result of Fawi discovering that a breach of this Agreement has occurred; or
- Is related to loss of income, business or profits, or any loss or corruption of data related to your use of the Services.
23.3 Fawi will use reasonable efforts to protect the information submitted by the user together with the Services, including in what concerns fraudulent use.
23.4 Nothing in this Agreement removes or limits Fawi's liability for fraud, gross negligence, willful infringement or death, or for violation of bodily integrity.
23.5 If you breach this Agreement, you will answer to Fawi, its administrators, employees, workers, affiliates, agents, suppliers, and licensors, for any claim resulting from your breach. You will also be held accountable for any action taken by Fawi, as a part of its investigation of a suspected breach of this Agreement, or as a result of its findings or decision that a breach of this Agreement has occurred.
24. Intellectual Property
24.1 You agree that the Services such as Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, among others, contain reserved information and material that is owned by Fawi and/or its licensors and is protected by applicable intellectual property and other laws, amidst others, copyright. You agree that you will not use such reserved information or materials in any way, apart from the use of the Services for personal, non-commercial uses, per this Agreement. No part of the Services may be replicated in any format or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute the Services or Content in any way, and you will not exploit the Services in any unauthorized manner.
The Fawi name, the Fawi logo, the Fawi Store and other service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Fawi. You are not granted any right or license with respect to any of the foregoing marks.
24.3 If you believe that any Content available through the Services infringes the copyright claimed by the user, please contact Fawi.
25. Language
25.1 Given Fawi's ability to provide a translated version of the Terms, you agree that the translation is provided for your convenience only and that the English versions of the Terms will establish your relationship with Fawi.
25.2 If there is any contradiction between what the English version of the Terms says and what a translation says, then the English version will take precedence.
26. General legal terms
26.1 This contract replaces any previous contracts that the User has accepted, thus constituting the entire legal contract between the User and Fawi. You may also be subject to additional terms and conditions that may apply when using affiliate services, third-party content, third-party software, or additional services.
26.2 If any provision of this Agreement is found to be invalid or not applicable, that provision will be interpreted alongside the applicable law, to show, as closely as possible, the original intentions of the parties and the remaining parts will remain fully operational and in effect.
26.3 Fawi's failure to enforce any right or provisions in this Agreement does not constitute a disclaimer of such right or provision.
26.4 Fawi will not be held responsible for any failure to comply with obligations due to causes beyond its control.
26.5 Fawi may notify you concerning the Services by sending an email to your email address, or by letter to your postal address, or by posting on the Services. Warnings will become effective immediately. Fawi may also contact you by email or push notifications to send you additional information about the Services.
26.6 Alternative Dispute Resolution. The European Union is operating a voluntary online Dispute Resolution platform accessible through the following link: http://ec.europa.eu/consumers/odr, in which Fawi has chosen not to participate. If you have a problem please contact our customer support.
26.7 You herewith grant Fawi the right to take measures that we consider to be reasonably necessary or appropriate to enforce and or verify compliance with any part of this Agreement. You agree that Fawi has the right, without liability to you, to disclose any data and or information to state authorities, government officials, and or a third party, as Fawi believes is reasonably necessary or appropriate to enforce and or verify compliance with any part of this Agreement (including but not limited to the Fawi's right to cooperate with any legal process related to your use of the Services and or Content, and or a claim by a third-party stating that your use of the Services and/or Content is illegal and or infringes the rights of such third-party).
26.8 The User agrees that if Fawi does not enforce any legal right stated in this agreement, it will not be considered as a formal disclaimer of Fawi's rights and that rights and appeals will still be available to Fawi.
26.9 If any court which has jurisdiction to rule on this matter, concludes that any clause in this contract is invalid, that clause will be removed from this contract without affecting the rest. The remaining provisions of this contract will continue to be valid and enforceable.
26.10 You and Fawi agree to submit to the exclusive jurisdiction of the federal or state courts located in Fawi's county of choice to solve any legal issues arising out of or related to this Agreement.
27. Consent
27.1 By using Fawi, you agree to the Terms of Use stipulated in this document, subject to sanctions for non-compliance.
28. Terms Changes
28.1 If there are changes to the Terms, the user will be notified 30 days in advance before the changes take effect. After this period, the user checks whether he accepts the new terms and can thus continue using Fawi.
Contact us
For any questions or clarifications please contact Fawi via email:
support@myfawi.com