Terms of Use

1. Website and Platform; conditions of use

1.1. To provide a better service, AskWatch differentiates between using the Website as the user and using the Platform as the Client. To avoid any doubt:

• the user is a person, whether acting on their own behalf or representing an entity, who accesses and uses the Website with a primarily informational purpose;
• the Client is a person or entity, whether represented by themselves or by another person or entity, who uses (whether now or in the past) the Platform, on a free plan or a paid subscription, and has entered into the Agreement;
• you do not lose the status of the user by being the Client; accordingly, all the terms that apply to the user automatically apply to the Client unless the Agreement provides otherwise.

1.2. The Website is the part of the web resource that allows you to learn about AskWatch, decide whether to use the Platform, contact AskWatch and read the legal documents; it is available to both users and Clients. The Platform is the environment, including any API or other interfaces we make available, that monitors how AI search engines and assistants (such as ChatGPT, Perplexity, Google Gemini, Google AI Overviews, Google AI Mode and Microsoft Copilot) mention and cite a brand. The Client provides a website domain; AskWatch reads the public home page of that website, identifies the brand and its competitors and generates prompts; the prompts are sent to the AI search engines through third-party data collection providers; the answers are analysed with AI models; and the Client is shown visibility, position, sentiment, competitors and cited sources in the Platform and in reports (the "Reports"). The answers, sources, analysis and other data collected or produced for the Client are the "Collected Data". A first check may be started without an account.

1.3. The user may use the Website only to:

• access the Website for informational purposes;
• start a first check and create an account;
• view Reports shared with the user through a link;
• contact us; and
• read the legal documents posted on the Website.

1.4. The Client may use the Platform only to:

• use the features of the Website;
• create and use an account;
• use the features of the Platform, including sharing Reports through the mechanisms the Platform provides; and
• perform other actions permitted by the Agreement.

1.5. Only a legally capable person who has reached the age of 18 or the age of majority in their jurisdiction (whichever is greater) may be the user. By using the Website, the Platform or the information materials, you confirm and warrant that you have full legal capacity and have reached the age of 18 or the age of majority in your jurisdiction (whichever is greater).

1.6. Related materials, related information materials and materials supporting the running of the Website or Platform (the "information materials") are any information posted on the Website or Platform, including but not limited to computer code, texts and images, audiovisual works, audio tracks, separate sounds, animated images, analytical information, logos and videos.

1.7. AskWatch reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Platform (or any part of them) with or without notice. The Client agrees that AskWatch shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Website or Platform.

1.8. The Client may use the Platform, the Reports and the Collected Data for its internal business purposes, including sharing Reports with its own clients, colleagues and advisers, subject to the limitations set out in the Agreement. Except with the prior written consent of AskWatch, the Client shall not sell, resell, license or otherwise make available the Reports, the Collected Data or the information materials as a dataset or data product, use them to build or feed a database or service that replicates the Platform, or extract data from the Platform in bulk by automated means other than the interfaces we make available and within their limits. The Client is specifically prohibited from using the Reports, the Collected Data or any portion of the Platform:

• to encourage any illegal, fraudulent, abusive or other unlawful activities;
• to monitor, profile or collect information about individuals;
• for any purpose prohibited by applicable data protection and security laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"); or
• for any purpose other than monitoring and improving how brands, products and services appear in AI search engines and assistants.

2. Intellectual property

2.1. Since the Website, the Platform and all their components, including the information materials, are intellectual property created and/or owned by AskWatch or that AskWatch has the right to use, you acknowledge this and accept the following conditions of use of the Website and Platform:

• (a) the Website and Platform and their content, including the information materials and their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws;
• (b) AskWatch and its licensors (if any) own all right, title and interest in and to the Website and Platform (including any and all intellectual property rights in them), and you agree not to take any action inconsistent with such ownership interests;
• (c) the AskWatch name and all related names, logos, product and service names, designs and slogans are business names of AskWatch or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Website or Platform, including those of AI search engines and of brands monitored through the Platform, are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us;
• (d) we provide you with a personal, non-exclusive, non-assignable, non-sublicensable, non-transferable licence, limited by means of use, to access and use the Website during the term of the Agreement in accordance with the available functionality, which we may revoke at any time without prior notice. This licence has the sole purpose of enabling you to use the Website in the manner permitted by these Terms and subject to the use restrictions described in them;
• (e) subject to the Client's compliance with the Agreement and, for paid plans, the timely payment of the fees, AskWatch grants to the Client and its authorised employees, agents and independent contractors a non-exclusive, non-assignable, non-sublicensable, non-transferable licence, limited by means of use, to access and use the Platform during the term of the Agreement (and, for paid features, during the Subscription Term) solely for the Client's business operations in the manner permitted by the Agreement and subject to the use restrictions described in it. Any other use of the Platform by the Client or any person or entity is forbidden and is a violation of the Agreement unless otherwise agreed in writing;
• (f) the foregoing licences and your rights to use the information materials are limited by the terms of the Agreement. Any rights that are not expressly granted by the Agreement are not granted to you. The Agreement contains no implied rights, terms or provisions;
• (g) you shall not recreate, duplicate, copy, sell or resell, or use for commercial purposes, the Website, the Platform or any information materials posted on them, unless we give you written permission or the Agreement provides otherwise;
• (h) you are not allowed to use any of the information materials or the "look and feel" of the Website or Platform outside the Website and Platform, except for Reports used as permitted by Section 1.8;
• (i) the Website and Platform may require additional resources for proper functioning, for example access to the Internet and an email inbox able to receive sign-in codes and notifications. The costs of such resources are not included in the fees and shall be borne by the Client solely and separately; and
• (j) we are not responsible for any relationship between the user and third parties, or for the results of the use of the Website or Platform.

2.2. The user acknowledges these circumstances and undertakes to adhere to the following restrictions:

• when using the Website or Platform, the user shall not use any mechanisms, software or scripts that directly or indirectly interact with them and access to which was not provided to the user in accordance with the Agreement or our direct permission;
• the user shall not infringe the electronic integrity of, duplicate, decompile, reverse engineer, disassemble or decode the Website or Platform, try to overcome their protection in any way, or distribute malicious software that can harm us, the Website, the Platform or other users, or attempt to do any of the same;
• the user shall not use the Website or Platform in any manner that could disable, overburden, damage, disrupt or impair them or interfere with any other party's use of them, or use any device, software or routine that causes the same;
• the user shall not share any information obtained on the Website or Platform, whether on our behalf or on the user's own behalf, except through the relevant mechanisms of the Website or Platform or as permitted by Section 1.8;
• the user shall not create any technical obstacles to the functioning of the Website or Platform or duplicate the actions of the Website or Platform in any way;
• except as permitted by Section 1.8, the user shall not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website or Platform or any portion of them;
• the user shall not use any robot, spider, crawler or other automatic device, process, software or queries that intercept, mine, scrape or otherwise access the Website or Platform to monitor, extract, copy or collect information or data from or through them, other than through the interfaces we make available and within their limits, or engage in any manual process to do the same;
• the user shall not use the Website or Platform for illegal, harassing, unethical or disruptive purposes; and
• the user shall not violate any applicable law or regulation in connection with the use of the Website or Platform.

2.3. By collecting data on behalf and in the interest of the Client, AskWatch grants to the Client a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Reports and the Collected Data provided to the Client during the term of the Agreement for its internal business purposes, subject to Section 1.8. If the Client's account is closed or AskWatch reasonably suspects that the Client has violated the Agreement, this right may be revoked.

3. Financial terms; subscription

3.1. Some features of the Platform may be available free of charge. Access to paid features of the Platform is subscription-based: the Client pays the subscription fee (the "Subscription Fee") to be granted the licence under Section 2.1(e) for those features. The plans, prices, billing periods (the "Billing Period") and usage limits that apply are those published on the pricing page at the time of purchase. The Client may additionally purchase extra services, where offered; fees for such extra services are payable in advance.

3.2. The Subscription Fee is always payable in advance. By purchasing a subscription, you agree that AskWatch, through its third-party payment provider, will automatically charge your payment method the amount of the chosen plan, including on each renewal of the subscription (the "Recurring Payment").

3.3. The Recurring Payment is charged automatically from the payment method you have provided at recurring intervals equal to the Billing Period until the subscription is cancelled. The Subscription Term is the period for which the Client has paid and during which the Client may access and use the paid features of the Platform.

3.4. After it expires, the Subscription Term automatically renews for successive terms of the same duration unless the Client cancels the subscription in accordance with the Billing Policy or AskWatch notifies the Client that the subscription will not be renewed. Cancellation stops future renewals; it does not end the current Subscription Term early, and the Client keeps access to the paid features until that term expires. AskWatch has no obligation to notify the Client that the Subscription Term is running out.

3.5. Every AI answer collected for the Client incurs costs for AskWatch with third-party providers. For this reason, the fees paid are non-refundable, including where the Client uses the subscription only partially, cancels the subscription during the Subscription Term, downgrades its plan, or cannot use the Platform for reasons outside AskWatch's control. The only exception is a Subscription Term in which the Platform was not actually used, meaning that no prompts were run and no AI answers were collected for the Client in that term: in that case the Client may request a refund of the fee for that term by email to hello@askwatch.ai, as set out in the Billing Policy.

3.6. If the Client is a consumer in the European Union, the statutory right to withdraw from a paid subscription applies only until performance has begun with the Client's express consent. By starting to use a paid subscription (in particular, once AI answers are collected for the Client), the Client requests that performance begin during the withdrawal period and acknowledges that the right of withdrawal is thereby lost.

3.7. If the Client owes AskWatch any unpaid fees, AskWatch may suspend the Client's access to the paid features of the Platform without prior notice until the fees are paid in full. The suspension does not relieve the Client of its obligation to pay the fees, even though the Client may not use those features.

3.8. AskWatch may change its prices from time to time and will communicate any price change to the Client in advance. A price change takes effect at the start of the next Subscription Term following the date of the change.

3.9. By continuing to use the paid features of the Platform after a price change takes effect, you accept the new price. If you do not agree to a price change, you may reject it by cancelling the subscription before the next Subscription Term begins.

3.10. All fees, commissions and deductions associated with the transfer of the amounts payable under the Agreement, including fees and disbursements of financial institutions such as banks and payment systems (the "Commission Fee"), shall be paid by the Client. To avoid any doubt, no amount payable to AskWatch shall be reduced by the Commission Fee.

3.11. Unless stated otherwise at the time of purchase, all fees are net amounts and exclusive of any applicable taxes, duties, levies or similar charges, including any withholding taxes, whether arising out of an international treaty or national legislation. The Client shall inform AskWatch of all taxes, duties, levies or other deductions applicable in the Client's jurisdiction, and the amount charged will be increased accordingly.

3.12. If the Client fails to provide the required information, AskWatch assumes no responsibility for the consequences, and the Client will compensate any resulting expenses. The Client shall reimburse AskWatch for reasonable expenses and recovery costs incurred in collecting any past due fees. If the fee for a further Subscription Term is not paid, the subscription may be paused, which does not release the Client from its obligation to pay the fee.

3.13. All details on how the Client is billed, how it can manage or cancel the subscription and when a refund may be granted are set out in the Billing Policy.

4. Account

4.1. The user who wishes to become the Client may create an account on the Platform by entering an email address and confirming it with a one-time code sent to that address. The Platform does not use passwords.

4.2. The user acknowledges these circumstances and accepts the following registration rules:

• we reserve the right to decline a registration or close an account at our discretion;
• when registering, the user shall provide only accurate data and shall not use third-party data, including another person's email address, without that person's permission;
• the email address used for registration shall be unique, meaning that it has not already been used to register another account;
• the user shall keep up to date all data provided during registration or in the account. The user is solely responsible for, and bears all the risks associated with, incorrect or outdated data;
• access to the account is confirmed with one-time codes sent to the user's email address. The user is solely responsible for securing access to that email inbox and shall not disclose one-time codes to anyone. We are not responsible for the use of the account by third parties who have obtained access to the user's email inbox or codes;
• all actions performed with the user's account are deemed to be performed by the user; and
• we reserve the right to verify any data you provide when registering and using the Website or Platform, as well as your identity.

4.3. Providing inaccurate or false information during registration or use of the Website or Platform may affect the quality of the service and may be a reason for refusing to register an account or for blocking it.

4.4. The user is solely responsible for maintaining access to the email address associated with the account; if that access is lost, we may be unable to restore access to the account. We do not have access to your email inbox and are not responsible for third parties' access to it. The user shall not use the Website, the Platform or the information materials before reaching full legal capacity or obtaining the necessary authority, and shall not use another user's account.

4.5. When registering an account and using the Website or Platform, you provide us with some of your personal data. Personal data is processed in accordance with the Privacy Policy and the Cookie Policy, which describe the personal data we process and contain other important information.

5. Client's data; Client's content

5.1. In the course of using the Platform, the Client submits information to the Platform, such as website domains, brand names, competitors, prompts, language, market or location, selected AI search engines and the email addresses of people with whom the Client shares Reports (the "Client's Data"). The Client's Data also means all data submitted, stored, posted, displayed or otherwise transmitted by or on behalf of the Client to the Platform. With the help of the Platform, AskWatch collects and produces the Collected Data for the Client.

5.2. Such collection is performed on behalf of the Client and in the Client's business interest. To the extent the Client's Data or the Collected Data contain personal data (for example, names of individuals appearing in prompts, competitors or AI answers, or the email addresses of Report recipients), the Client determines the purposes of that processing by choosing what to monitor and with whom to share Reports, and AskWatch processes such personal data on the Client's behalf in accordance with the DPA.

5.3. As between AskWatch and the Client, all right, title and interest in and to the Client's Data and all Intellectual Property Rights in and to the Client's Content (together, the "Property") belong to and are retained solely by the Client. The following rules apply:

• the "Client's Content" includes the Client's brand names, trademarks, logos, company names, prompts, texts and other content in any format that the Client submits to the Platform;
• the "Intellectual Property Rights" means (i) patents and patent rights, rights of priority, mask work rights, copyrights, moral rights, trade secrets, know-how and any other form of intellectual or industrial property rights; (ii) any other protected rights or assets and any licences and permissions in connection with them; and (iii) trademarks, trade names, logos, service marks, designs and other designations of source; in each case recognised in any country or jurisdiction of the world, whether or not registered or capable of registration, for the full period of such rights, and including all extensions and renewals of them and all applications for registration in connection with them;
• the Client grants to AskWatch a limited, non-exclusive, royalty-free, fully paid, worldwide licence to use the Property and perform all acts with respect to it that are necessary to allow the Client to use the features of the Platform, including transmitting prompts, brand names and other Client's Data to the third-party providers through which the Platform operates, or as otherwise authorised by the Client in writing.

5.4. The Client shall comply with all applicable data protection laws in relation to the personal data it submits to the Platform, including by having a lawful basis for submitting it and providing any notices those laws require.

5.5. When submitting the Client's Content:

• AskWatch is not liable for any loss or damage that the Client's Content may cause to the Client or others and makes no warranty that any of the Client's Content is accurate or complete;
• AskWatch is not responsible for screening, policing, editing or monitoring the Client's Content; and
• AskWatch is not responsible for correcting the Client's Content on the Client's behalf. Prompts are sent to AI search engines as they are configured in the Client's account, whether written by the Client or generated by the Platform for the Client.

5.6. Since AskWatch is not obliged to check the admissibility of the Client's Content, the Client remains liable for such content at all times and shall not submit any content that is unlawful, infringing, defamatory, harassing or malicious, or any personal data that the Client has no right to submit (the "Prohibited Content").

5.7. The Client further represents and warrants that the Client's Content:

• does not violate the Agreement;
• does not cause injury to any person or entity and does not violate any third party's proprietary, statutory or common law rights;
• complies with all applicable laws and regulations; and
• does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; does not breach the rights of any person or entity, including rights of publicity or privacy; is not defamatory; and does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.

5.8. AskWatch reserves the right to remove and reject any of the Client's Content:

• in connection with the Client's failure to pay any fees when due;
• for violation of applicable laws or the rights of third parties, as may be determined at AskWatch's discretion;
• for violation of the Agreement; or
• if the Client's Content would breach the usage policies of the third-party providers through which the Platform operates.

5.9. To the fullest extent permitted by law, AskWatch gives no guarantee regarding the visibility, mentions, citations, positions or sentiment of any brand in AI search engines, or any traffic, conversions or sales. Answers are produced by third-party AI search engines, change over time and by location, and may be inaccurate or incomplete; the analysis of answers uses AI models and may contain errors. AskWatch makes no representations as to the expected benefits of using the Platform or that the Platform and its features are suitable for the Client's intended purpose.

5.10. AskWatch does not control and has no liability for third-party platforms, including AI search engines and data collection providers, their security, functionality, operation, availability or interoperability, or how those platforms or their providers use the Property.

6. Data privacy

6.1. All personal data submitted in connection with the Client's use of the Website and Platform is subject to the Privacy Policy. AskWatch will use information about the Client and its authorised employees, officers and agents that AskWatch obtains directly from the Client or through the Client's use of the Website and Platform, as well as the Collected Data, in accordance with the Privacy Policy, solely to provide and improve the Platform.

6.2. AskWatch has implemented and will maintain appropriate technical and organisational measures intended to protect the information it processes against accidental, unauthorised or unlawful access, disclosure, damage, alteration, loss or destruction. The Client will ensure that all information it provides is current and accurate. The Client is responsible for the settings of its account, including whether and with whom Reports are shared (anyone who has the link to a shared Report can view it), for its secure use of the Platform, including securing access to the email inbox used to sign in, and for keeping its own copies of any information it needs.

6.3. If AskWatch becomes aware of any unauthorised or unlawful access to the Client's Data stored by AskWatch or its service providers resulting in loss, disclosure or alteration of the Client's Data (a "Security Incident"), AskWatch will notify the Client of the Security Incident without undue delay (provided that such notification may be delayed as required by a law enforcement agency) and take commercially reasonable steps to comply with its obligations under applicable data protection laws in responding to the Security Incident. AskWatch's obligation to report or respond to a Security Incident is not an acknowledgement by AskWatch of any fault or liability with respect to it. The Client shall notify AskWatch without undue delay of any possible misuse of its account or of any security incident related to the Platform.

6.4. To the extent AskWatch processes personal data on the Client's behalf that is subject to applicable data protection laws, AskWatch acts as a processor (or service provider) and will comply with its obligations as such under those laws and the Data Processing Agreement.

6.5. The Client is responsible for its own compliance with applicable data protection laws in its use of the Platform and its own processing of personal data. To avoid any doubt, when using the Reports and the Collected Data, the Client shall comply with all applicable data protection, security and privacy laws, regulations and guidelines, including but not limited to:

• the GDPR, together with any amending or replacement legislation and any laws and regulations of EU Member States or the United Kingdom issued under or equivalent to it;
• Brazil's General Data Protection Law (the "LGPD"); and
• all other equivalent laws and regulations in any relevant jurisdiction relating to personal data and privacy, as each may be amended, extended or re-enacted from time to time.

6.6. If the Client breaches Section 6.5, AskWatch may immediately suspend the Client's access to the Website and Platform. In addition to any other damages to which it may be entitled under the law, should the Client or any person using the Website or Platform through the Client's account knowingly breach any material term of the Agreement, AskWatch shall be entitled to injunctive relief, including attorneys' fees and court costs, as required to cure the breach.

7. Confidentiality

7.1. "Confidential Information" means information disclosed under the Agreement that is designated by the disclosing party as proprietary or confidential or that should reasonably be understood to be proprietary or confidential given its nature and the circumstances of its disclosure.

7.2. AskWatch's Confidential Information includes any terms agreed with the Client individually and any non-public technical or performance information about the Platform. The Client's Confidential Information includes the Client's Data that the Client has not made public. As the receiving party, each party shall:

• hold the Confidential Information in confidence and not disclose it to third parties except as permitted in this Section; and
• use the Confidential Information only to fulfil its obligations and exercise its rights under the Agreement.

7.3. The receiving party may disclose Confidential Information to its employees, agents, contractors, service providers and other representatives having a legitimate need to know, provided that it remains responsible for their compliance with this Section and they are bound by confidentiality obligations no less protective than those in this Section.

7.4. The receiving party may disclose Confidential Information if required by law, subpoena or court order, provided that (if permitted by law) it notifies the disclosing party in advance and cooperates in any effort to obtain confidential treatment.

7.5. These confidentiality obligations do not apply to information that the receiving party can document:

• is or becomes public knowledge through no fault of the receiving party;
• it rightfully knew or possessed prior to receipt under the Agreement;
• it rightfully received from a third party without breach of confidentiality obligations; or
• it independently developed without using the disclosing party's Confidential Information.

7.6. Unauthorised use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for a breach or threatened breach of this Section.

7.7. These confidentiality obligations apply during the term of the Agreement and for two (2) years after it ends.

8. Warranties; disclaimers; limitations of liability

8.1. We provide access to the Website and Platform on an "as is" and "as available" basis. This means that we do not guarantee that access to the Website and Platform will be uninterrupted or timely, or that the Website and Platform will be free of errors. We cannot guarantee that the Website and Platform will function properly on all devices and under all conditions. However, we shall make every reasonable effort to ensure their proper functioning.

8.2. The Website and Platform, including the Reports, may contain links to third-party websites and resources, including the sources cited in AI answers. We do not control and are not responsible for the content of third-party websites and resources. Your use of them is at your own risk. We strongly recommend that you read the terms of use and privacy policies of such websites and resources and access them only if you agree with those documents.

8.3. To the extent permitted by law, neither we nor any of our affiliated persons (employees, contractors, shareholders, agents, representatives, partners, advertising, promotional and other agencies providing services to us, and legal advisers) are responsible for any inaccuracies or omissions in the information materials, or for any special, indirect or other damages or lost profits caused by or in any way related to the use of or inability to use the Website, the Platform or the information materials, or for any harm, damage, demands and other actions that may occur at any stage of using the Website and Platform, in particular:

• breakdown or suspension of the functioning of telephone lines, equipment, software, the Internet, information networks, email services, etc.;
• unsuccessful, incomplete, falsified or untimely computer transmissions or emails;
• any actions taken outside our control;
• any damage, loss or harm arising from the use of the Website and Platform;
• typographical errors in any materials provided through the Website and Platform;
• any inaccuracy, incompleteness, change or unavailability of answers produced by third-party AI search engines.

8.4. Nor are we responsible, including but not limited to, in the following cases:

• if you do not achieve the expected result using the Website or Platform;
• if you violate any provision of the Agreement; or
• if you experience any difficulties while using the Website or Platform.

8.5. You understand and agree that you are solely responsible for the truthfulness and accuracy of the information you submit to the Website and Platform and of the information you provide in the course of using the Website, the Platform and the information materials. You bear any expenses and commissions you incur when using the Website or Platform.

8.6. You agree to indemnify and hold harmless us and our affiliates against any claims, lawsuits or demands, including legal advisers' fees, arising from your use of the Website or Platform, your violation of or non-compliance with the Agreement, your violation of third-party rights, or any other act or omission of yours.

8.7. We and our affiliates (employees, contractors, shareholders, agents, representatives, partners, advertising, promotional and other agencies providing services to us, and legal advisers) are not responsible for any unethical, unauthorised, illegal or unlawful use of the Website or Platform. This includes lawsuits, unfair advertising, loss of position or reputation, monetary compensation, resignation, termination of cooperation and any other disciplinary and legal consequences. You take full responsibility for any disciplinary and legal consequences arising from illegal, unethical or infringing use of the Website or Platform.

8.8. AskWatch will have no liability to the Client in connection with:

• the Client's failure to have a lawful basis for, or to provide the notices required by applicable law in relation to, personal data it submits to the Platform;
• the Client's collection, use or disclosure of data as contemplated in the Agreement, including the sharing of Reports; or
• data security or data use where AskWatch acts in accordance with the Client's instructions.

9. Term and termination; applicable law and dispute resolution

9.1. The Agreement remains in full force and effect while the Client or user uses the Website or Platform and, in any case, until the expiry of the current Subscription Term.

9.2. AskWatch may suspend or terminate the Client's access to or use of the Platform and close the Client's account for the Client's breach of the Agreement, or if AskWatch believes that the Client is abusing or disparaging AskWatch, its business reputation or the Platform in any way, or AskWatch has reasonable grounds to believe that cooperation with the Client may harm its business reputation.

9.3. The Client acknowledges and agrees that once AskWatch deletes the Client's account, all the Property, the Reports and the Collected Data may be deleted or lost and may not be recoverable. In case of suspension or termination, paid fees are not refundable, except as provided in the Billing Policy. Sections 2, 3 and 5 to 8 survive the termination or expiry of the Agreement.

9.4. The Agreement and your use of the Website and Platform are governed by the laws of the Republic of Cyprus ("Cyprus"), excluding its conflict of laws rules. Your use of the Website may also be subject to other local, national or international laws. For any matter related to the interpretation or performance of the Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of the City of Nicosia, Cyprus. You accept personal jurisdiction in such courts. If you are a consumer, nothing in this Section deprives you of the protection of the mandatory laws of your country of residence or of your right to bring proceedings in the courts of that country where applicable law grants it.

10. Miscellaneous

10.1. The Agreement constitutes the full agreement between AskWatch and you. The Billing Policy, the Privacy Policy, the Cookie Policy and, where applicable, the DPA are integral parts of the Agreement and are incorporated into these Terms by reference. A reference to the Agreement means a reference to any and all of its integral parts.

10.2. This version of the Terms supersedes any other agreements between you and us regarding its subject matter, as well as all previous versions of the Terms. If any provision of the Terms is held invalid or unenforceable, this does not affect the other provisions, which remain in full force and effect, and the invalid or unenforceable provision shall be interpreted or amended so as to give effect to its purpose to the greatest extent possible. You and we shall not rely on any written or oral information that is not embodied or referred to in the Terms.

10.3. A failure by you or us to enforce any term of the Terms does not constitute a waiver of the right to enforce that or any other term.

10.4. Nothing in the Terms establishes any form of partnership, employment or joint venture between you and us. You and we are not agents of each other, and neither of us can enter into contracts or other transactions on behalf of the other. Nothing in the Terms creates obligations for third parties, and no third party is bound by the Terms.

10.5. Communication between you and us takes place in English. Messages, requests and notices to us shall be sent to hello@askwatch.ai; we may send notices to you at the email address associated with your account. Notices are deemed to have been received within one day of the date they were sent.

10.6. The headings in the Terms are intended to make the Terms easier to read and are not to be used to interpret them.

10.7. The Terms are an electronic agreement. Their electronic form has the same legal effect as if they were signed with a physical signature.

10.8. We may change the Terms (and any integral part of the Agreement) as described in the introduction to these Terms, and the functionality of the Website and Platform as described in Section 1.7, so please check this page periodically. If you do not accept any of the Terms or any changes to them, do not start using, or stop using, the Website, the Platform and the information materials.

10.9. You agree that a breach of these Terms may cause irreparable injury to AskWatch for which monetary damages would not be an adequate remedy, and that AskWatch shall be entitled to equitable relief in addition to any other remedies it may have under the Terms or at law, to the extent permitted by applicable law.

10.10. You may at any time request a PDF copy of these Terms, the Privacy Policy, the Cookie Policy or any other legal document posted on the Website by email to hello@askwatch.ai.

10.11. The words "including" and "in particular" are used by way of illustration or emphasis only and do not limit the generality of any preceding words.

10.12. Legal information for correspondence: ESTERSON LIMITED, 75 Prodromou Avenue, Oneworld Parkview House, 4th floor, Nicosia 2063, Cyprus. Email: hello@askwatch.ai.