1. OVERVIEW
- The website www.amplifame.com (the “Website”) and the Amplifame Application (the “Application”) are the property of Techinfluence SRL, a limited liability company having its registered headquarters in Constanţa, Mircea cel Bătrân Street, No. 152BIS, Office No. 6, Room 2, floor 4, Constanța County, registered with the Trade Registry under no. J13/1563/2017, Sole Identification Number RO37613390 (hereinafter ”Techinfluence”).
- The use of the Website and of the Application is governed by the following Terms and Conditions of Use (“Terms of Use”). By downloading or using the Application, these Terms of Use will automatically apply to you - you should make sure therefore that you read them carefully before using the Application.
- In these Terms of Use, references to “we”, “us” or “our” mean Techinfluence, and references to “you” and “you're” are to users of the Amplifame Application.
- In these Terms of Use, unless otherwise provided, words in the singular form shall include the plural form, and vice versa, and words in the masculine gender form shall include the feminine gender form, and vice versa, where permitted by the context.
- The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Terms of Use.
2. DEFINITIONS AND TERMS
Content - means all materials, including photo, video, audio materials, and generally all the results of intellectual activity, whether or not recorded in a material form, designed and/or developed, in whole or in part, by the Creator in order to promote the products and/or services of Techinfluence's clients.
Creator - user of Amplifame Application who will design and/or develop the Content in accordance with Techinfluence's requirements and its clients;
Intellectual property rights - means any and all rights, whether or not protected by intellectual property rights, including but not limited to copyright and related rights, trademark rights, brands, rights to geographical indications, geographical indications, patents, rights to industrial designs, industrial design rights, trade name rights, any rights attached to a design, and any other intellectual property rights, whether registered or unregistered, as such defined anywhere in the world;
Primary Email Address - means the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you;
Services - services made available to users who use the Amplifame application.
3. APPLICATION OF TERMS OF USE
3.1. By downloading or using the Application you agree to be legally bound by these Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use. If you do not agree with these Terms of Use in their entirety, you may not use the Application. .
3.2. You can review the most current version of the Terms of Use at any time on the Website or using the Application. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Application following the posting of any changes constitutes acceptance of those changes. The Terms of Use will always show the 'last updated' date at the top.
3.3. In case of a conflict between these Terms of Use and other terms provided with respect to updates, such other terms will prevail. This section will not require Techinfluence to deliver new features and functionality or any future products which may be offered.
4. USE OF THE AMPLIFAME APPLICATION
4.1. We do not charge any fees for the use/download of the Application.
4.2. Techinfluence is committed to ensuring that the Application is as useful and efficient as possible. For this reason, we reserve the right to make changes to the Application or to charge for its Services, at any time and for any reason. We will never charge you for the Application or its Services without making it very clear to you exactly what you're paying for. Any new features or tools which are added to the current Application shall also be subject to these Terms of Use
4.3. Users of the Application undertake to use the Application and its content, that is, the texts, photographs, graphics, images, icons, technology, links, and other audiovisual or sound content, including the Application software, graphic designs, and source codes, also covering the information entered by other users, in accordance with the entire legal system, with generally accepted practices, with these Terms of Use and other instructions on the Application.
4.4. You're not allowed to copy or modify the Application, any part of the Application, or our trademarks in any way. You're not allowed to attempt to extract the source code of the Application, and you also shouldn't try to translate the Application into other languages or make derivative versions. The Application itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it are owned and controlled by Techinfluence. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Application. If you have any questions about the Terms of Use, please email us at contact@amplifame.com
4.5. All brands, trade names, trademarks, or logos made available in the Application are the property of Techinfluence or third parties who have authorized their use. The use of the Application by you shall not be understood as an authorization for you to quote or make use of such trademarks, trade names, and logos.
4.6. At some point, we may wish to update the Application. The Application is currently available on Android & iOS - the requirements for both systems (and for any additional systems we decide to extend the availability of the Application to) may change, and you'll need to download the updates if you want to keep using the Application.
4.7. Techinfluence does not promise that it will always update the Application so that it is relevant to you and/or works with the Android & iOS versions that you have installed on your device. However, you promise to always accept updates to the Application when offered to you. We may also wish to stop providing the Application and may terminate the use of it at any time with a written notice communicated 10 days in advance. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms of Use will end; (b) you must stop using the Application, and (if needed) delete it from your device.
4.8. The Application does use third-party services that declare their own Terms and Conditions. Please refer to the Terms and Conditions of third-party service providers used by the app: Google Play Services, Facebook, Sentry (a third-party service provider that provides the analytics service used by Techinfluence), App Store.
5. PRIVACY POLICY
5.1. Please refer to Techinfluence's Privacy Policy, for information on how Techinfluence collects, uses, and discloses personal information from its users. By downloading and using the Application, you agree to our use, collection, and disclosure of personal information in accordance with the Privacy Policy.
6 . ACCOUNT TERMS
6.1. Eligibility: the Application is available exclusively to individuals aged 18 years or older. If you are under the age of majority in your jurisdiction but at least 18, you agree to review these Terms of Use with a parent or legal guardian to ensure you and your parent or legal guardian understand and agree to these Terms of Use. If you are the parent or legal guardian agreeing to the Terms of Use for an individual 18 years of age or older, then you agree on behalf of yourself and the individual, and you accept full responsibility for their use of the Application.
6.2. Registration: to access the Application, you must register for an Amplifame account (“Account”). To complete your Account registration, you must provide us with your valid email address (“Primary Email Address”) and select a password for your Account. For using the Services within the Application, you must provide us with your identification data, payment details, phone number, and any other information indicated as required. Techinfluence may reject your application for an Account, for any reason, at our sole discretion. If you register through a Social Networking Service (”SNS), such as Facebook, we will extract the personal information you have provided to the SNS (such as your name, email address, profile information, profile picture, photos, names, and profile pictures of your friends, your friend's profile information, and other information you make available via the SNS from the account you have with the SNS) and use that information to create your account, which we will process in accordance with the Privacy Policy.
6.3. You represent and warrant that the information you provide to Techinfluence is accurate, true, not confidential, and not in violation of any contractual obligations or other third-party rights. You agree that it is your responsibility to keep your information accurate and updated.
6.4. You acknowledge that Techinfluence will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Primary Email Address you provide to Techinfluence and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Techinfluence can only be authenticated if they come from your Primary Email Address.
6.5. You are responsible for keeping your password secure. Techinfluence cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6.6. Technical support in respect of the Application is only provided to Techinfluence clients.
6.7. Updates: Techinfluence shall have the right in its sole discretion to substitute, replace, modify, update or upgrade ("updates") the Application as Techinfluence deems advisable; and, all such updates shall be incorporated in and subject to these Terms of Use and shall be the exclusive property of Techinfluence. If Techinfluence shall provide you with any updates, you will be required to utilize such a version. Techinfluence will only be required to support the most recent and current version provided to you. You will not be able to see all of the functionality provided by Techinfluence, if you don't have the latest version of the code and accepted any new term that may apply.
7. CONTENT
7.1. Representations and Warranties: The Creator represents, warrants and agrees that it is the exclusive owner of the Content created, based on the agreement with Techinfluence, in order to promote the products and/or services of Techinfluence's clients and/or has all rights, licenses, consents, and releases necessary for the Content that made available on the Services.
7.2. License. The Creator grants to Techinfluence an exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit such the Content created by the Creator, based on the agreement concluded with Techinfluence for each accepted advertising campaign aiming to promote the products and/or services of Techinfluence's clients, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Techinfluence sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services.
8. INAPPROPRIATE CONTENT
8.1. The Creator may not post inappropriate Content in connection with Techinfluence and its clients. Inappropriate Content includes anything Techinfluence, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:
- impersonates any person or entity or falsely states or otherwise misrepresents the Creator's affiliation with any person or entity, or creates a false identity for purposes of misleading others;
- promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another's privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- the Creator does not have the right to disclose under contract or applicable law;
- contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
- involves the transmission of "junk mail", "chain letters" or unsolicited mass e-mails — "spam";
- uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
- engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
- includes other people's personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses.
8.2. Violating these Terms of Use may lead to the Creator being immediately and permanently banned.
9. PROVIDING A RELIABLE AND SECURE APPLICATION
9.1. If you have spent any time reviewing the Application, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our Application operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies for providing you with a secure and safe environment.
9.2. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Techinfluence, you accept these risks and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
10. LIMITATION OF LIABILITY. INDEMNITY
10.1. You should be aware that there are certain things that Techinfluence will not take responsibility for. Certain functions of the Application will require the Application to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Techinfluence cannot take responsibility for the Application not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
10.2 If you're using the Application outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third-party charges. In using the Application, you're accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the Application, please be aware that we assume that you have received permission from the bill payer to use the Application.
10.3. Along the same lines, Techinfluence cannot always take responsibility for the way you use the Application - i.e., you need to make sure that your device stays charged - if it runs out of battery and you can't turn it on to avail the Application, Techinfluence SRL cannot accept responsibility.
10.4. With respect to Techinfluence's responsibility for your use of the Application, when you're using the Application, it's important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Techinfluence accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Application.
10.5. You waive and shall not assert any claims or allegations of any nature whatsoever against Techinfluence, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Application, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Application at your own risk.
10.6. You shall defend, indemnify and hold harmless Techinfluence and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Application, and from the use of the Application by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
10.7. We endeavor to the best of our ability to ensure that the information published within the Application is accurate and up-to-date. However, the supplied information, may at times include unintended errors or inconsistencies.
11. INACTIVE ACCOUNTS
11.1. If your account is inactive for at least two months, Techinfluence reserves the right to deactivate any account, without any prior notice to the applicable user. Deactivated accounts are not deleted—they are placed in storage and can be restored.
12. WAIVER. SEVERABILITY. HEADINGS.
12.1. If any provision of the Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact will be substituted therefore. Techinfluence's failure to require or enforce strict performance of any provision or to exercise any right under the Terms of Use shall not be construed as a waiver of any such provision or right.
13. MALWARE
13.1. Techinfluence makes every effort to ensure and has taken every appropriate step to detect that the materials available within this Application are not likely to generate technical threats, by using virus-protection technologies. It is, however, your responsibility to keep your phone and access to the Application secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Application won't work properly or at all.
13.2. Techinfluence shall not be liable for loss, disruption, or damages caused to the data, networks, or computers of the users of this Application as a result of downloading or using the materials available within the Application or at the links accessed through the Application.
14. QUESTIONS AND COMMENTS
14.1. If you have any questions regarding these Terms of Use, your access to the Platform or use of the Services, please contact us at contact@amplifame.com.
These terms and conditions of user are effective as of 2023-01-06.