Terms of use

Hello, we are very pleased that you are using abev.ai. We believe abev.ai is the most people-friendly social media management tool tailored for brands, agencies and their clients. Please read these terms and conditions before using abev.ai. "By clicking the "GET STARTED" button, you agree to our Terms of Service and acknowledge our Privacy Policy and agree to these Terms (as defined below).

These terms repeatedly contain words such as "we", "our", "you", "customer", "your", "terms", "service". So that you don't get lost, take a look at this explanation of what we mean when we use these words:

"We", "Our" - Stanford Media Institute, s. r. o. Ivanská cesta 4358/43 Bratislava - mestská čast' Ružinov 821 04, Slovakia, identification number: 55 100 562, registered with the District Court in Bratislava, Slovak Republic and our employees, associates, directors;

"Customer", "you", "your" - the person or company registered on our website in order to use abev.ai;

"Terms and Conditions" - these terms of service available at app.abev.ai/terms-and-conditions

"Services", "abev.ai" - the services we provide to the Customer through our website, application interface, applications and content on abev.ai.com;

"Website" - the website accessible at app.abev.ai, including any subdomains or pages within the same domain or any other website from which the Services are provided;

Terms of Use
1.1 You agree to use abev.ai only for the purposes permitted by the Terms and in accordance with all applicable laws, rules and regulations.
1.2 You are responsible for the content you upload, create, edit or share when using abev.ai and for the actions (including any loss or damage) associated therewith.
1.3 You are the owner of the Content and we do not exercise any intellectual property rights over your Content. By using any Content on abev.ai (for example, by uploading short text or an image), you grant us a worldwide, non-exclusive, perpetual, royalty-free license to use it in connection with such Content to the extent necessary for the operation of abev.ai (including but not limited to copying, storing, modifying, sharing with your team members, distributing or posting on social media, or deleting) and you warrant that you have reasonable rights (as the author or appropriate licensee) to use such content and to grant such license.
1.4 We are under no obligation to back up your content, so we strongly encourage you to archive it yourself.
1.5 You agree that we may list you as our customer. Specifically, we may use your name, logo or any other identification of your business, products or services, including any trademarks or works protected by copyright or other intellectual property rights, for our marketing activities, testimonials, public presentations of the Services and on our website www.abev.ai.com. You grant us a worldwide, non-exclusive, perpetual, royalty-free license to use any trademarks, copyrights and any other intellectual property as necessary to achieve the purposes of this section.
1.6 We blend abev.ai and the services it provides. You shall not copy, recreate, modify, adapt, mirror or create derivative works of abev.ai without our written permission.
1.7 We strongly encourage you to keep your account name and password confidential. Please notify us in the event of any unauthorised use of your account. We are not responsible for losses caused by hacked, stolen or otherwise misused passwords.

2. Provision of the Services

2.1 We have the right to update, add to or otherwise modify the Services and to temporarily discontinue the Services in the event of maintenance, repair or any other event we deem necessary. Further, we may permanently discontinue the Services at our discretion and we will give you reasonable advance notice.
2.2 You agree that such updates and additions to the Services may result in changes to the appearance or functionality of the Services.
2.3 If any changes to the Services would constitute changes to these Terms (including pricing), you will have the opportunity to object and terminate the Service in accordance with these Terms.
2.4 abev.ai will provide, implement, install and maintain, at its expense, any updates, upgrades, enhancements, improvements, bug fixes, patches and modifications to its Services.

3. Trial Period

3.1 We offer a trial period of 14 days from your first registration ("Trial Period").
3.2 During the Trial Period, you will be granted a temporary limited license to use abev.ai and try out all of its features.
3.3 After the Trial Period, you will have the option to continue your paid subscription. Please note that unless you tell us otherwise, we will retain your user account but you will no longer be able to use the Services.

4. Payment

4.1 The current applicable pricing options for all subscription plans are available at: www.abev.ai.com/pricing.
4.2 Your subscription is payable monthly or annually in advance on a recurring basis and is non-refundable depending on the subscription plan selected. To subscribe to your subscription plan, you will need a valid payment method.

depending on the subscription plan you have selected. To subscribe to your subscription program, you will need a valid payment method.
4.3 We will charge the subscription fee (i) to the credit card you provided to us upon registration or (ii) via PayPal payment (from your credit card or PayPal balance, as applicable) the day before your active subscription expires. If this is your first paid subscription, we will charge you the subscription fee promptly after you submit your request. In the event that we are unable to charge your credit card or PayPal balance, your access to the Services may be temporarily restricted until we successfully accept the subscription fee.

5. Upgrade, Downgrade and Termination of Services

5.1 You may upgrade your subscription at any time by selecting a different subscription in the billing section of your user account. Such changes will take effect upon receipt of payment of the new subscription fee.
5.2 You may downgrade your subscription at any time by selecting a different subscription fee in the billing section of your user account, but such changes will not take effect until the end of the paid subscription period (i.e. if you have a monthly subscription, at the end of the month). You will be billed for the amount of the new subscription plan from the first day of the next subscription period (i.e., the following month if you have a monthly subscription or the next year if you have an annual subscription).
5.3 Your subscription includes the set of features, functions and services set out in the subscription level that you have selected and paid for. Any new products, features or additions to the Services that we introduce from time to time are not included within your existing subscription unless we specifically state otherwise.
5.4 You may terminate your subscription at any time by sending an email to cancelations@abev.ai.com. We will not charge you any cancellation fee and we will cease regular payments in the future. You will be able to continue using abev.ai until the end of your subscription period.
5.5 We do not provide any refunds, in whole or in part, for subscription fees paid if you decide to terminate your subscription early or downgrade or otherwise stop using the Services.
5.6 We may irretrievably delete all of your data and content at the end of the subscription period. Please ensure that you have archived your data before the end of the Subscription Term.
5.7 We may block, restrict, terminate or suspend your account or otherwise limit the Services we provide to you without notice if you fail to comply with these Terms, in particular if you are late with any payments.

6. Limitation of Liability

6.1 To the fullest extent permitted by applicable law, you agree that we shall not be liable for any indirect, consequential, exemplary, incidental or punitive damages that may arise in connection with your use of the Services. You acknowledge and agree that any direct damages (actual damages, lost profits or revenue, business interruption) are not expected to exceed the value of a one-month subscription, i.e., the amount to be paid for the Services provided to you during the one-month period; and you agree that in the unlikely event that you incur any direct damages, such direct damages will be limited to such amount.
6.2 You agree that we are not responsible or liable for the acts, omissions or conduct of any third parties, in particular social media platforms, relating to your use of abev.ai and any linked sites and services. Your sole remedy against us for dissatisfaction with abev.ai is to stop using our Services.
6.3 You acknowledge that, except for planned temporary interruptions of the Services as set out in Section 3.1 above, we are not responsible for any delays or failures of our Services caused by causes beyond our control. We are not responsible for any damage or loss of your uploaded data or content caused by your activities, technical failures, malfunctions or the activities of third parties.

7. Prohibited Uses

7.1 You are responsible for your use of abev.ai, including use of abev.ai by any individual, associate or any other party with whom you interact, in accordance with these Terms and any applicable laws and regulations. In particular, you are required to ensure that you do not make any of the prohibited uses described in this Section 7.
7.2 The following activities are considered "Prohibited Uses" and are prohibited on abev.ai:
7.2.1 Any activity by an organization engaged in terrorist activity, hate crime, violence, or any criminal activity;
7.2.2 Any promotion or publication of violent crimes, theft and/or fraud;
7.2.3 Any depiction of criminal activity or admission of criminal acts committed by them or their associates;
7.2.4 Any promotion or publication of material or other content that may be considered inappropriate or indecent, including pornography, sexual harassment, hateful or embarrassing content;
7.25 Any use of Content that may violate applicable intellectual property rights, in particular copyright or trademark rights;
7.2.6 Any activity that may be deemed to be in violation of the laws of the Slovak Republic or your home jurisdiction, including libel, slander, defamation, invasion of privacy, activity causing emotional or other distress, breach of confidence;
7.2.7 Any expression of support or praise for groups, leaders or individuals engaged in any of the above activities.
7.3 We may, without prior notice, (i) block, restrict or terminate your subscription or your account based on suspicion that you have engaged in any Prohibited Use or (ii) remove or delete content that we believe constitutes Prohibited Use.

8. Changes to the Terms

8.1 We may change, modify, add or remove any part of these Terms or the Services from time to time, including pricing and pricing options. You are responsible for checking these Terms periodically to see changes.
8.2 Changes will take effect on the date specified, but in no event after posting on the Website. Where possible, we will notify you of changes or remind you to review these Terms periodically by email. If you do not agree with the changes, you may object and terminate the Service in accordance with these Terms.

9. Intellectual Property

9.1 All content on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is owned by us or our content suppliers and is protected by intellectual property laws. Any Content may not be used unless we provide written permission and, if permission is granted, only within the limitations and in accordance with the license granted by us.
9.2 The compilation of all content on the Website is the exclusive property of abev.ai and is protected by intellectual property laws.
9.3 All software used on (or provided through) the Website is the property of abev.ai or its software suppliers and protected by intellectual property laws.
9.4 You may not, and will not permit anyone else to, directly or indirectly:
9.4.1 (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction does not apply to the limited scope, reverse engineering restrictions are prohibited by applicable local laws);
9.4.2 (ii) modify or create derivative works of any portion of the Service;
9.4.3 (iii) rent, lease or use the Service for timeshare or service bureau purposes; or
9.4.5 (iv) remove or obscure any proprietary notices on the Service. As between the parties, we will own all title, ownership and intellectual property rights in and to the Service and any copies or portions thereof.
9.5 You may not use any "direct link", "page scraping", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process to access, retrieve or copy, or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, in order to obtain or attempt to obtain any materials, documents or information by any means not intentionally made available through the Service. We reserve the right to prohibit any such activity.
9.6 You may not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any abev.ai server or to any of the services offered on or through the Service by hacking, "password mining" or any other illegitimate means.
9.7 You may not investigate, scan or test the vulnerability of the Service or any network connected to the Service, or violate any security or authentication measures on the Service or any network connected to the Service.
9.8 You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or abev.ai's systems or networks, or any systems or networks connected to the Service or to abev.ai.
9.9 You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person's use of the Service.
9.10 You may not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

10. Data Protection

10.1 This Section 10 constitutes the "Data Processing Agreement" between abev.ai and the Customer and describes our practices regarding the Processing of Personal Data on behalf of the Customer in the provision of the Services.
10.2 Any capitalised terms used in this section and not otherwise defined shall have the meaning set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the "Regulation") or Act No. 18/2018 Coll. on the Protection of Personal Data (the "Act") (the "Regulation and the Act" collectively referred to as the "Data Protection Act").
10.3 For the avoidance of doubt, this section does not apply to such processing where we act as a data controller. For more information on what specific activities we carry out as data controllers, please see our separate privacy policy.
10.4 We will process personal data provided by you, in particular data relating to account management, information and content provided by you, your use of the Services or transaction information.
10.5 We will not disclose Personal Data to any third party except (i) as necessary to carry out the activities and Services; (ii) in accordance with documented instructions from the Customer; (iii) as part of entities affiliated with abev.ai by common control, management or ownership; (iv) as part of a merger, acquisition or other investment by a third party in abev.ai, or (v) if necessary to comply with Data Protection Legislation or other laws to which we are subject, in which case (to the extent permitted by law) we will inform Customer of this legal requirement prior to Processing Personal Data.
10.6 We will:
10.6.1 Process Personal Data only on the basis of documented instructions from the Customer, including in respect of transfers of Personal Data to a third country or international organisation, unless required to do so by Union or Member State law to which we are subject, in which case we will inform the Customer of this legal requirement before Processing, unless the law prohibits such information for important reasons of public interest. Documented instructions are contained in this section and in the Terms and Conditions;
10.6.2 apply all commercially reasonable technical and organisational measures to protect Personal Data in accordance with the provisions of Article 32 of the Regulation;
10.6.3 assist the Customer, as data controller, in complying with its obligations under Articles 32-36 of the Regulation, taking into account the nature of the processing and the information available to the data processor;
10.6.4 taking into account the nature of the processing, assist the Customer with appropriate technical and organisational measures, as far as possible, to comply with the controller's obligation to respond to requests to exercise the data subject's rights set out in Chapter III of the Regulation;
10.6.5 ensure that persons authorised to process personal data are bound by an obligation of confidentiality or have an appropriate legal duty of confidentiality;
10.6.6 inform the Customer of a personal data breach without undue delay after becoming aware of it, stating (1) the nature of the personal data breach, (2) the likely consequences and (3) the measures taken to address the personal data breach; such information may be provided on a phased basis if it is not readily available. We will provide Customer with our full cooperation and will act as directed by Customer to assist in the investigation and remediation of such data breach;
10.6.7 at the Customer's option, delete or return all Personal Data without undue delay after termination of the Services, delete existing copies of the Personal Data, unless otherwise required by law or otherwise agreed by the parties;
10.6.8 make available to the Customer, upon reasonable request, all information necessary to demonstrate compliance with the obligations set out in Article 28 of the Regulation and to allow and, on reasonable prior notice of not less than 4 weeks, contribute to audits, including inspections where the documents provided are insufficient to demonstrate compliance, carried out during normal business hours, not more frequently than once a year, by an independent third party professional auditor appointed by the Customer at the Customer's expense.
10.7 We may engage certain third parties to provide parts of the Services or to assist with the provision of technical or professional support. By accepting the Terms, the Customer authorises us to sub-contract the processing of Personal Data. In each case, subcontractors are subject to binding obligations between us and the subcontractor that contain substantially similar provisions to those set forth in this section. Upon written request from the Customer, we will inform the Customer of the details of such subcontractor(s).
10.8 We do not transfer Personal Data to countries outside the European Economic Area unless it is in accordance with Chapter V of the Regulation. In the case of such transfers, we will adopt standard contractual clauses or such other mechanism as may be appropriate for the particular transfer.
10.9 If the Customer resides, is based in or uses the Services from a country outside the European Economic Area, the Customer acknowledges that personal data in and from such use will pass to Us.
10.10 The Customer undertakes to process all personal data, in particular the provision of personal data to Us, in accordance with data protection legislation including, without limitation:
10.10.1 ensuring that all notifications and consents to regulatory authorities required by the Data Protection Legislation are made and maintained by the Customer; and
10.10.2 ensuring that all Personal Data is processed fairly and lawfully (in particular, the Customer has a valid legal basis for any processing necessary in accordance with the Terms), in a transparent manner (in particular, the Customer has provided appropriate privacy notices to Data Subjects), is accurate and up to date.
10.11 The Customer shall indemnify and hold us harmless from and against any losses, fines, damages, fees or any additional expenses (including reasonable legal fees and other reasonable litigation costs) arising in connection with the Customer's breach of this section or non-compliance with the Data Protection Legislation. In accordance with Article 82(2) of the Regulation, We, as Processor, shall only be liable for damage caused by the Processing if We fail to comply with the obligations of the Regulation specified specifically by the Processor or if We have acted outside or contrary to the lawful instructions.
10.12 At the Customer's request, we may charge reasonable fees for any activities or assistance performed in connection with this section that are beyond the scope of the Services.

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General Terms and Conditions

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