This is an original draft, published while counsel reviews it. Limitation of liability, our contracting entity and address, governing law, and venue are not stated below — they are still being drafted, and we would rather show you the real text than a finished-looking page nobody has reviewed. Where a signed agreement exists, it controls.
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Agreement
These Terms govern access to Aware websites, trials, software, APIs, and related services unless a signed order form, master services agreement, design partnership agreement, or other written agreement applies. If a signed agreement conflicts with these Terms, the signed agreement controls for the services it covers.
Accounts and authorized users
You are responsible for information submitted through your account, safeguarding account credentials, and activity by your authorized users. You may use the services only for lawful business purposes and within the scope of the plan and usage rights you purchase.
Trials and evaluations
Trials and evaluations are limited to the period, environment, use case, data volume, and other restrictions stated at signup or in writing. Evaluation access may not be used for production, resale, redistribution, or other external commercial use unless Aware agrees otherwise in writing.
Fees, billing, and taxes
Paid plans are billed according to the order, checkout, or invoice presented at purchase. Fees are non-refundable except where required by law or expressly stated otherwise. You are responsible for applicable taxes other than taxes imposed on Aware's net income. Additional usage, integrations, services, historical data, or usage rights may require additional fees.
Customer data and instructions
You retain ownership of data and materials you provide to Aware. You authorize Aware to process those materials only as reasonably necessary to provide, secure, and support the contracted services, subject to any separate data processing or confidentiality terms that apply.
Aware technology and intellectual property
Aware retains ownership of the services, software, models, interfaces, documentation, methods, and other technology it develops or provides, including improvements and derivative technology, except for customer-owned materials. No rights are granted except the limited rights needed to use the services under the applicable plan or agreement.
Usage restrictions
You may not interfere with the services, bypass access controls or limits, attempt unauthorized access, use the services unlawfully, or reverse engineer protected elements except where applicable law expressly permits it. API and data customers may not redistribute, resell, white-label, permanently archive, train substitute models on, or create a substitute database from Aware data unless those rights are expressly granted.
Third-party services
Aware may interoperate with third-party systems selected by you or required for delivery. Third-party services are governed by their own terms, and Aware is not responsible for their independent operation or availability.
Confidentiality
Where the parties exchange non-public information that is reasonably understood to be confidential, each party will use reasonable care to protect it and use it only for the relationship between the parties, subject to any more specific confidentiality agreement.
Service changes and availability
Aware may improve, modify, or discontinue features over time. We will not intentionally describe planned or experimental functionality as generally available. Service levels, support commitments, and enterprise deployment obligations apply only when stated in the applicable plan or signed agreement.
Disclaimers
Aware provides software to support enterprise analysis and decisions. Outputs may include sourced facts, inferences, assumptions, forecasts, and recommendations. Customers remain responsible for consequential business, legal, financial, operational, and strategic decisions and for verifying information appropriate to their use case.
Suspension and termination
Aware may suspend access where reasonably necessary to address security, legal, payment, misuse, or service-integrity concerns. Either party may terminate as permitted by the applicable plan or agreement. Rights intended to survive termination, including ownership, accrued payment obligations, confidentiality, and restrictions on misuse of Aware technology, remain in effect.
Changes to these Terms
Aware may update these Terms from time to time and will post the updated version with a revised effective date. Material changes to paid services should be communicated in a commercially reasonable manner.
Contact
Questions about these Terms may be submitted through Aware's website contact channel.