Before using the Fawi Office, the User must agree to the Fawi Account Terms and the Fawi Privacy Policy .
If the User intends to distribute apps through the Fawi Platform, the User must agree to the Developer Distribution Contract and Fawi Wallet Terms.
Digital Content: Any digital creation (Products, Apps, Various Content) developed, managed and distributed using the services of the Fawi platform.
User, Editor, Developer or Publisher: The person who creates, manages and distributes Digital Content benefiting from the Fawi Office Services.
Device: any device that can access Fawi.
Fawi:
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 Developers, allowing Developers with Payment Accounts to get paid for Products distributed through Fawi.
Products: software, content, digital materials and other items and services made available by Developers Apps or through Fawi.
Collective Subscription Packages: These are subscription services defined and charged by Fawi, which supersede any packages involving access fees to products distributed through Fawi “In-Store-Purchase”.
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.
1.1 The Fawi Office is the professional side of the Fawi platform that allows you to create, manage and publish Digital Content, so the user is committed to making use of this functionality only for professional purposes.
1.2 The user also agrees to respect the rules for each use purpose, stipulated in this term of use, and to always act in good faith, respecting ethical values, moral values, local and international laws.
2.1. In the creation and editing processes at Fawi Office, the user agrees to provide true data.
2.2 If there are indicators that the data provided is false or inappropriate, Fawi has the right to suspend, terminate or remove digital creations from the Fawi Office platform or even the user's account.
2.3 Content that is illegal, racist, threatening, defamatory, obscene, privacy-invasive or that incites any type of violence is considered inappropriate data.
2.4 The user is responsible for any errors or damages caused by the registry of incorrect, incomplete or outdated information.
2.5 Users are responsible for any misconfigurations at the time of publishing applications, as well as subsequent issues caused in the operation of the applications.
2.6 In the publishing settings, users have the option to choose whether or not to monetize access to applications through Fawi, based on the following options:
2.7 When distributing an application, the user authorizes Fawi Office to generate Merchant credentials and respective pricing configurations in Fawi Wallet, through APIs provided by the latter, in order to facilitate the monetization of the application.
2.8 Fawi Coins received from the monetization of applications through Fawi, can be withdrawn and/or transferred to the bank accounts of the respective owners, according to the terms of use of the Fawi Wallet.
3.1 The user can remove the Digital Content created in the Fawi Office at any time, no longer having access to them through the Fawi Office and Fawi.
3.2 If Fawi concludes that any of the user's Digital Content or any part of it violates applicable laws or the terms of this agreement, Fawi reserves the right to reject, suspend or even remove Digital Content from the Fawi platform and devices.
4.1 If the user disables the Digital Content, it will no longer be distributed, viewed and accessed by third parties outside the Fawi Office.
5.1 The User, when transferring the respective Digital Content to another User, will lose guardianship and power over it from the moment the second user accepts the transfer. However, the user who accepts the invitation to transfer the Digital Content will assume all the responsibilities inherent to its management, as from the date of the transfer.
6.1 The User is responsible for all the functionalities of the Digital Content delegated to third parties and for its possible uses.
7.1 All payment processes and or subscriptions to services provided by the Fawi Office platform are made through service providers, so the user should consult Fawi Privacy Policy.
8.1 The use of Fawi Office requires that the user has a valid email account, with true information, and that the user accepts the app's Terms of Use. Some Services may be considered unsuitable for minors as they require parental or legal guardian control, thus respecting any age restrictions applied when using the Fawi Office.
9.1 Fawi Office may recommend services to you based on the Digital Content created and other activities. You may choose to be excluded from receiving such personalized recommendations for 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 Office permission to collect and store certain data, including, but not limited to, data on your device's activity, location, and use.
10.1 Your use of the Fawi Office Services must follow the rules set out in this section ("Usage Rules"). Any other use of the Services constitutes a material breach of this Agreement. Fawi Office may monitor the use of the Services to ensure that you are following these Usage Rules.
10.2 Through Fawi Office you have access to a set of Services, which can be accessed on any device that you own or control, compatible and that allows access to the Fawi Office.
10.3 You can access the Services using the Fawi Office software and your User Account, and you will not be able to modify or use modified versions of our software.
10.4 The delivery of Content by Fawi does not transfer any rights of commercial or promotional use to the user and does not constitute a concession or exoneration of any rights of copyright owners.
10.5 You may not alter or circumvent any security technology included in the Fawi Office Services.
11.1 The terms that can be found in this Contract and that are related to Services or functionality not available in your country of residence, will not apply 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 of your country of origin.
12.1 Depending on the type of device used, you may not be able to access all the functionalities or types of Content provided by Fawi Office, therefore Fawi cannot be held responsible for such a situation.
13.1 User data will be treated following Fawi's Privacy Policy.
14.1 You can access the Fawi Office Services free of charge or for an amount, with either purchase being referred to as a “Transaction.” Each Transaction acquires a license to benefit from the Fawi Office Services. Each Transaction constitutes an electronic contract between the user and Fawi.
14.2 All payment processes and or subscriptions to services provided by the Fawi Office platform are made through service providers, so the user should consult the Fawi Privacy Policy.
14.3 Fawi Office will charge your selected payment method (credit card, debit card, gift cards/gift code or other means available in your country of residence) for any paid Transactions, including all applicable taxes. If for any reason, we are unable to charge via the selected payment method (for example, due to expiration or insufficient funds), you will remain responsible for any unpaid amounts and we will try to charge again using the payment method as soon as we update your payment method information.
14.4 You agree to receive all invoices in an electronic format, which may include email.
14.5 The prices of the Services may be changed at any time.
14.6 If technical problems prevent or unreasonably delay the availability of the Fawi Office Services, your exclusive and only resource will be to try again or request a refund, upon justification, of the price paid if the first option fails.
14.7 Fawi may, at any time, refuse a claim for refund if we find evidence of fraud, abuse of refund, 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 giving any 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 immediate processing, 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 using the template cancellation form below, or by making any other unambiguous statement. To meet the cancellation deadline, you must send your 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 order for the provision of Content if delivery has started after your order and the consent that you will, therefore, lose the right to cancel.
Model cancellation form: - For Fawi: - I herewith declare that I intend to terminate my contract regarding the following: [INSERT PURCHASE ID]; - Purchased on [INSERT DATE] / received on [INSERT DATE]; - Consumer name; - Consumer address; Consumer email (optional); - Date.
15.1 Fawi Office may allow you to purchase access to the Services on a subscription basis (“Paid Subscriptions”). Paid subscriptions are automatically renewed until canceled in your account settings. We will notify you if the price of a Paid Subscription has increased and, if necessary, we will obtain your consent to continue the Subscription. You will be charged no more than 48 hours before the start of the last Paid Subscription period.
15.2 If, for any reason, we are unable to charge you through the payment method (for example, due to expiration or insufficient funds) and if you have not canceled the Paid Subscription, you will remain responsible for any unpaid amounts and we will attempt to charge you through payment method as soon as you update your payment method information. In this case, there may be a change at the beginning of your next Paid Subscription period, as well as a change in the billing date for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscriptions.
15.3 Certain Paid Subscriptions may offer a free trial period before charging your payment method. If you decide to cancel the Subscription to a Paid Subscription before we start charging your payment method, cancel at least 48 hours before the free trial period ends.
16.1 The Fawi Office Services are licensed, not sold, by Fawi.
16.2 Fawi grants you a non-transferable license to access Fawi Office services. You may not transfer, redistribute or sublicense the licensed Services from the Fawi Office. You may not copy, attempt to obtain the source code, modify or create works sourced from the Fawi Office or Third Parties, or from any updates (except where this may be allowed by the license terms governing the use of open source components - Fawi Office or Third-Party).
16.3 The User is the sole responsible for their Digital Content, guarantees, and any complaints they may have related to their publications. You acknowledge and agree that Fawi is a third-party beneficiary of EULA, that must be made available for each Content distributed through the Fawi platform.
16.4 Fawi Office is not responsible for examining or evaluating the content or accuracy of any published Digital Content, and will not be held responsible for any External Third-Party Services.
16.5 Fawi will use due diligence and reasonable techniques concerning the use of any External Services provided or made available by the Digital Content published by the User. Fawi does not make any other promises or guarantees regarding its External Services and, in particular, does not guarantee:
17.1 The Publisher appoints Fawi as its Agent or market service provider, as described, to market the respective products.
17.2 This Contract covers the Products that users can access for free and Products for which users must pay an access fee. To receive fees for your Products and to be paid for Products distributed through Fawi, the Publisher must have a valid Payment Account under a separate contract with a Payment Processor, be approved by a Payment Processor for a Payment Account and maintain that account accordingly. At the time of the transaction for the Publisher Payment, a fee may be charged by the Payment Processor to be carried by the Publisher. In the event of a conflict between the Payment Processor contract and this Contract, the terms of this Contract will prevail.
17.3 Payments to the Publisher will be made monthly and the day may vary depending on the availability of Fawi's services.
17.4 Products may be presented to users free of charge or with access fees through subscription packages that Fawi establishes at its sole discretion. If Fawi finds that there are Taxes owned by the Publisher or Fawi itself on the Products sale, the Publisher grants authorization to Fawi to include such Taxes in the price charged to users. Fawi may price the Products in the currencies allowed by the Payment Processor. Fawi may display the price of the Products to users in their native currency, but Fawi is not responsible before the Publisher for the accuracy of exchange rates or currency conversion.
17.5 Acting as its agent, and the Publisher as key, Fawi is the registered merchant for Products sold or made available to users in International Economic Spaces. The price defined for the subscription packages, after being divided by the total number of accesses of the applications per user, during the period of each subscription, will determine the amount per access and, or the total payment that the Publisher will receive. A "Transaction Fee" is charged, as described here and which can be periodically reviewed by Fawi, on the sale price, which is shared by the Payment Processor and, if any, by the Authorized Supplier.
17.6 In certain countries/territories, as described here, Fawi determines whether a Product is taxable and, if so, the applicable tax rate is charged by Fawi, the Payment Processor or the Authorized Supplier and delivered to the relevant tax authority for the Products sold to users. Fawi may update the countries/territories where it decides and delivers Taxes with a due notification from the Publisher. In all other countries/territories, the Publisher is responsible for determining whether the amount received by them is taxable, the applicable tax rate to be collected and for delivering the Taxes to the relevant tax authority which are deducted from the amount received by the Publisher (price sale of Fawi packages less the Transaction Fee and Taxes if any). In cases where Fawi charges and delivers Taxes in the applicable countries/territories, the Publisher and Fawi recognize a Publisher's provision for Fawi for tax purposes and the Publisher for their tax obligations arising from such additional provision.
17.7 In cases where the Payment Processor or an Authorized Supplier notifies Fawi that it has been required by the applicable (local) law or by the applicable government or tax authorities to withhold taxes, or if Fawi is required under the law (local) or by the applicable tax or governmental authorities, to withhold any Taxes (in this case, "Withholding Tax"), Fawi will also deduct an amount equal to the Withholding Taxes from the amounts delivered by Fawi to the Publisher. Withholding tax includes, but is not limited to, withholding tax obligations on cross-border payments or those imposed by taxes on telecommunications.
17.8 The Publisher may also make the Products available free of charge. If the Product is free, you will not be charged a Transaction Fee. Under these conditions, the Publisher allows Fawi to display advertising during the beginning of the Products, and may optionally disable this functionality for a fee. To avoid unexpected fees for users, the Publisher agrees that the Products initially made available to users free of charge will remain so. Any additional charges are related to an alternative or supplementary version of the Product.
17.9 The Publisher authorizes Fawi to issue refunds to users and the Publisher agrees that Fawi can deduct the number of such refunds from payments made to the Publisher. In all other cases, the Payment Processor's standard Terms and Conditions for refunds apply. Refunds to users may not include taxes previously charged on Products purchases.
17.10 Users are authorized to access each Product distributed through Fawi an unlimited number of times without any additional fee. However, if the Publisher removes a Fawi Product due to a legal Removal (as defined in section 8.2), that Product will be removed from all parts of Fawi, and users will no longer have the right or the ability to access the Product in question.
18.1 Fawi is responsible for providing maintenance and support only for the Fawi platform, or as required by applicable law. The User is responsible for providing the maintenance and support of his published Digital Content.
19.1 Conflicts resulting from the use of Digital Content by third parties, must be solved between the User and third parties.
20.1 Fawi will provide the Services with reasonable diligence and techniques. Fawi does not make any other promises or guarantees about the Services and in particular, does not guarantee that:
20.2 Except as provided in 23.4, or if you are exercising a right of refund or suitable legal compensation, 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:
20.3 Nothing in this Agreement removes or limits Fawi's liability for fraud, gross negligence, willful infringement, death or violation of physical integrity.
20.4 If you breach this Agreement, you will be liable 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 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.
21.1 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.
21.2 The Fawi name, logo, Store and other service brands, graphics, and logos used, related to the Services are trademarks or registered trademarks of Fawi. You are not granted any right or license concerning any of the preceded brands.
21.3 If you believe that any Content available through the Services infringes the copyright claimed by the user, please contact Fawi.
22.1 When using the Fawi Office Services, the user grants Fawi permission to save usage history.
23.1 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.
23.2 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.
24.1 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.
24.2 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.
24.3 Fawi's failure to enforce any right or provisions in this Agreement does not constitute a disclaimer of such right or provision.
24.4 Fawi will not be held responsible for any failure to comply with obligations due to causes beyond its control.
24.5 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.
24.6 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.
24.7 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).
24.8 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.
24.9 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.
25.1 By using Fawi, you agree to the Terms of Use stipulated in this document, subject to sanctions for non-compliance.
26.1 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.
Para quaisquer dúvidas ou esclarecimentos entre em contacto com a Fawi através do email:
support@myfawi.com