These General Terms and Conditions of Sale and Use (the "Terms") are entered into between Awssome Inc., a Delaware corporation with registered office at 131 Continental Dr, Suite 305, Newark, DE 19713, doing business as AWSsome ("AWSsome", "we", "our", "us"), and "You", the legal entity accepting these Terms (the "Customer" or "Publisher"), acting through any natural person it authorises to use the Solution (each a "User").
Please read and understand these Terms before accepting them or accessing the Solution.
AWSsome follows GDPR guidelines and has a Data Processing Agreement in place to protect personal data. AWSsome owns all intellectual property rights for the Solution and customers are only granted a right to use it. AWSsome has implemented security measures to prevent data breaches. By default, Customer Data is stored in the cloud region automatically chosen for the nearest performance; regions include the EEA, UK, United States, Canada, Asia-Pacific, Latin America, Middle East and Africa on the Company's cloud provider geo-availability (Microsoft Azure, Amazon Web Services, or Google Cloud Platform). Customers may request any other public region offered by our cloud provider.
Anomaly: any malfunction, including purely technical malfunction, of the Solution, regardless of the cause, in relation to the Solution specifications and the Documentation.
Publisher Account: an account created by AWSsome from the information provided by the Publisher, to allow the Publisher to access the Solution.
User Account: an account created by a User authorized by the Publisher and AWSsome for the purpose of using the Solution.
Date of Availability: the date of availability of the Solution to the Publisher, manifested by AWSsome sending the Publisher a confirmation email of the Publisher Account.
Offer(s): the Solution is available in different formats, called "Offers." The Publisher selects an Offer and at least one Plan.
Plan(s): the conditions for subscribing to the Solution, including the type of subscription chosen, the modules selected, and the applicable price. Plans are available on aws.amazon.com/marketplace and the AWS Portal.
Private Offer: an offer created specifically for one Customer of the Publisher and conducted via the AWS Marketplace. A Private Offer may have its own terms that replace these Terms for the Publisher accepting the offer, as determined by Publisher in its sole discretion.
Customer: a customer that purchases the Publisher's product via a Private Offer.
Documentation: the descriptions and instructions for using the Solution, in print or machine-readable media, including any updates or modifications. This does not include commercial, promotional, or training documentation.
Publisher Data: the data generated by the Publisher and their Users when using the Solution, such as data submitted, stored, sent, or received through the Solution, which may include the Publisher's or its Customer's personal data.
Right of Use: the right to use the Solution granted by AWSsome to the Publisher and the Publisher's authorized Users, as described in Article 4.1.
Confidential Information: any kind of information (commercial, industrial, technical, financial, etc.) disclosed by one party (the "Disclosing Party") to the other (the "Recipient") in connection with these Terms, whether in writing, orally, or during an audit. It includes personal data, documentation, the Solution, all code, all computer programs, and all algorithms, methods, techniques and processes disclosed or used. It excludes information that (a) was independently developed without use of the Disclosing Party's Confidential Information, (b) is already known to the Recipient, (c) was already in the public domain or entered it through no act of the Recipient, or (d) was already known to the Recipient at the time of disclosure.
Updates: successive partial or complete versions of the Solution that may include corrections for anomalies and/or improvements to functionality.
GDPR: Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data.
Parties: AWSsome and the Publisher.
Subscription Period: the duration of the Right of Use granted to the Publisher under these Terms.
Privacy Policy: the privacy policy of AWSsome, available at our Privacy Policy.
Support Services: the services described in Appendix 2, consisting of answering Users' requests concerning the operation of the Solution.
Related Services: the support, maintenance, evolution and optimization services of the Solution.
Website: the AWSsome website at https://www.awssome.io/ or any replacement.
Solution: the AWSsome SaaS platform that enables Publisher to publish and sell its products on the AWS Marketplace.
Users: the natural persons authorized by the Publisher and acting under its responsibility (employees, service providers, collaborators or corporate representatives of the Publisher or its affiliates).
2.1. Purpose. The purpose of the Terms is to define the conditions under which (i) AWSsome provides a Right of Use of the Solution to the Publisher and Users, and (ii) the Publisher and Users access and use the Solution.
2.2. Publisher's Acceptance. The Publisher agrees to ensure that any User complies with the Terms, and confirms it has performed all necessary due diligence and received all information needed to determine that the Solution meets its needs.
3.1. Modification. AWSsome may change the Terms at any time, notifying the Publisher and Users at least thirty (30) calendar days before the effective date, in writing (e.g. by email) or through the Solution or Website.
3.2. Publisher reaction to changes. If the Publisher disagrees with changes, it may terminate the Terms without penalty on one month's notice. If no termination request is received within two months of notification, the Publisher and its Users are deemed to have accepted the changes. Changes required by law take effect automatically.
3.3. Acceptance or refusal by the User. A User who disagrees with changes should stop using the Solution immediately. Continued use after two months following notification is deemed acceptance.
4.1. Right to Use. Subject to payment of the subscription fee, AWSsome grants the Publisher and its affiliates a limited, non-exclusive, non-transferable and personal Right of Use of the Solution and its updates, for the Subscription Period and for as long as the Terms remain in effect.
4.2. Access. The Solution is accessible via the URL communicated by AWSsome during onboarding. Transmission quality depends on network infrastructure. The Publisher is responsible for the security of its equipment and Publisher Data, including protection against viruses and intrusions.
4.3. Publisher account. The Publisher must create a Publisher Account with complete, accurate and up-to-date information, keep it current, keep its password confidential, and notify AWSsome promptly if it is compromised. A confirmation email validates account creation.
4.4. User Account. Each User creates a user account (first and last name, company, valid email, password). Accounts are specific to the email provided and cannot be shared. The Publisher is solely responsible for the use of User Accounts.
4.5. Restrictions. The Publisher and its Users must not:
4.6. Suspension. AWSsome may suspend the Right of Use in the event of a security breach (to protect Publisher Data), an uncured breach of the Terms, or actions AWSsome considers inappropriate or disruptive. The Publisher generally has seven (7) calendar days from notification to resolve a breach before suspension, except in emergencies.
5.1. AWSsome IP. AWSsome owns and retains all intellectual property rights and titles to the Solution, including copyrights, patents, trade secret rights, and trademarks. The Publisher acquires no ownership, only the Right of Use, and shall not remove, conceal or modify any proprietary notices.
5.2.1. Mutual IP Indemnity. (a) AWSsome will defend the Publisher against any third-party claim that the unmodified Solution infringes that party's EU, UK or US patent, trademark or copyright, and will pay resulting damages finally awarded or settled. (b) The Publisher will defend AWSsome against any claim that Publisher Data, or a Marketplace listing created by the Publisher, infringes a third party's IP. Indemnity is conditional on prompt written notice, sole control of defence and settlement, and reasonable cooperation.
5.2.2. Exceptions. AWSsome's indemnity does not apply to use beyond the Right of Use, modifications or derivative works not made by AWSsome, use of an obsolete infringing version after a non-infringing version is released, or combination with technology not provided by AWSsome where the infringement could have been avoided.
5.2.3. Remedies. AWSsome may, at its discretion, grant a continued Right of Use, or replace or modify the Solution to make it non-infringing. If neither is reasonable, AWSsome may terminate the Terms with no refund of prepaid fees.
5.3. Publisher Data. The Publisher is responsible for all data it submits and must have permission to use any copyrighted, trademarked or proprietary material. The Publisher grants AWSsome a non-exclusive, royalty-free licence to host, reproduce, process and transmit Publisher Data solely to provide and support the Solution, for the term plus any legally required retention period.
5.3.3. Sub-processors. AWSsome relies on selected third-party providers (e.g. Microsoft Azure, AWS, GCP). A current list of sub-processors is available on request at privacy@awssome.io. AWSsome notifies affected Publishers in advance of new sub-processors handling Personal Data, with an opportunity to object per the DPA.
Complaints related to the security of the Solution may be sent to legal@awssome.io. AWSsome will acknowledge receipt within ten (10) working days and use commercially reasonable efforts to respond fully within thirty (30) days.
7.1.1. Availability. AWSsome undertakes to make the Solution available per the SLA (Appendix 1), targeting 99% availability. Below 99%, SLA credits apply. Below 90%, the Publisher may terminate immediately (no refund of prepaid fees), and AWSsome will provide a guided offboarding with a free SKU to keep the Marketplace listing live. Availability is subject to the cloud provider's SLA.
7.1.2. Updates. Updates are provided at no additional charge; certain enhancements may require additional fees at AWSsome's discretion.
7.1.3. Anomalies. The Solution is provided "as is." AWSsome undertakes to attempt to remedy reproducible Defects with professional diligence but does not warrant fitness for any specific goal.
7.1.4. Security. AWSsome implements technical and organizational measures to secure data and Personal Data (as detailed in the DPA), maintains the Solution 24/7 (subject to the SLA), reports security breaches, and manages individuals' rights per the GDPR.
7.1.5. Hosting. Hosting is on Microsoft Azure, AWS or GCP in the public cloud region automatically selected for proximity and performance. A Publisher may request another available public region, confirmed in writing subject to feasibility.
7.1.6. Warranty. AWSsome represents that it has all necessary AWS Marketplace authorizations to provide the Solution and the Right of Use, and will remain compliant with AWS requirements during the Subscription Period.
7.2. Publisher's Obligations. The Publisher and Users agree to use the Solution lawfully, per the Documentation and these Terms, for professional activity only; are solely responsible for Publisher Data; will not attempt unauthorized access; will provide necessary technical information; will ensure only authorized Users access the Solution; and will maintain the confidentiality of Confidential Information.
8.1.1. Termination for convenience. The Publisher may terminate at any time on notice. Any started Plan is due; amounts already paid for any started month are non-refundable.
8.1.2. Termination for breach. Either Party may terminate for the other's uncured breach, on written notice, where the breach is not remedied within fifteen (15) calendar days. Pre-paid fees are non-refundable. The Publisher's sole remedy for AWSsome's uncured material breach is the right to terminate.
8.2. Reversibility. Within thirty (30) days of termination, AWSsome removes synchronization with third-party software, and the Publisher exports its Data or requests a copy of the last backup. A reversibility phase (max one month) may be requested in writing; beyond AWSsome's commercially reasonable cooperation, reversibility is at the Publisher's expense.
9.1. Price. The Publisher pays the price set forth in the applicable Plan(s).
9.2. Payment. Sales are by default conducted through AWS Marketplace storefronts. AWSsome may agree alternative payment methods in writing. Payment is overdue only if undisputed and unpaid fifteen (15) days after a written reminder. Amounts unpaid more than sixty (60) days after the due date accrue late-payment interest at the lesser of 8% per annum above the ECB reference rate or the maximum permitted by law, plus reasonable collection costs.
9.3. Supplier Payment Terms. AWSsome remits undisputed supplier invoices within forty-five (45) days of receipt or the invoice due date, whichever is later. Invoices must be PDF, sent to finance@awssome.io, quoting the relevant Purchase Order. These terms apply to Purchase Orders issued on or after 15 July 2025.
AWSsome maintains an Information Security Management System certified to ISO/IEC 27001 and conducts regular audits.
10.1.2. Limitation. AWSsome is responsible only for providing the Solution to integrate with Cloud Marketplace(s). The Publisher is responsible for its own decisions and actions. AWSsome is not liable for interruptions or damages arising from force majeure, the Publisher's equipment, unauthorized or fraudulent use, misuse, third-party intrusions despite reasonable measures, the content of Publisher data, third-party data, delays not caused by AWSsome, transport/network issues not implemented by AWSsome, payment-provider changes, telecom operator acts, or emails treated as spam. These exclusions do not apply in cases of gross negligence or willful misconduct.
10.1.3. Nature of damage. Each Party is liable only for direct, foreseeable losses proven to result from its fault. Neither Party is liable for indirect or unforeseeable loss, including loss of profit, business, revenue, customers, or opportunities.
10.1.4. Aggregate Limit. Except for liability that cannot be limited by law or that results from willful misconduct or gross negligence, each Party's total cumulative liability under these Terms (including the DPA) shall not exceed the Subscription Fees actually paid by the Publisher for the single twelve (12) month Subscription Term immediately preceding the event. Data-protection liability is determined per Article 82 GDPR, subject to the cap and exclusions except where Article 82 forbids such limitation.
Each Party is released from liability where non-performance results from force majeure (per article 1218 of the Civil Code and Court of Cassation jurisprudence). The affected Party shall notify the other promptly and limit consequences. If force majeure continues for more than one (1) month, the Parties shall discuss amendment; failing agreement, either Party may terminate without compensation by written notice.
AWSsome provides Support Services per Appendix 2.
13.1. Planned Maintenance. AWSsome periodically performs maintenance, usually with little or no impact on availability.
13.2. Unscheduled Maintenance. AWSsome may perform unscheduled maintenance at any time, including emergency corrections, and may update the Solution to comply with legal or technological developments.
13.3. Notification. Where possible, AWSsome gives five business days' notice of scheduled maintenance, and uses commercially reasonable efforts to notify of maintenance expected to affect availability, scheduling interruptions for least impact.
14.1. The Recipient shall treat all Confidential Information as confidential and use it only to perform its obligations, not disclosing it without the Disclosing Party's prior written consent (except to employees and contractors bound by comparable confidentiality who need access), using at least reasonable protective measures.
14.2. Exceptions. Confidential Information may be disclosed pursuant to a court or governmental order, with prompt notice to the Disclosing Party and reasonable efforts to limit scope.
15.1. Data controller. The Parties comply with applicable data protection regulations, in particular the GDPR, as independent data controllers for their own processing, and provide relevant information per their Privacy Policies and the DPA.
15.2. Sub-contractor. Where AWSsome processes Personal Data on behalf of the Publisher, the DPA governs and prevails over conflicting terms.
15.3. Further Processing. AWSsome may process Personal Data as a data controller for fraud/malware prevention and detection, security incident management, improvement of the Solution, and statistics. The Publisher authorizes this Further Processing.
15.4. Data Subject Rights. Users may access, rectify, erase, restrict or object to processing of their Personal Data, and have the right to data portability and to lodge a complaint with the competent supervisory authority.
AWSsome may subcontract all or part of its obligations without prior authorization, remaining solely responsible for the performance of its obligations and liable for any breach by its subcontractor.
The Publisher authorises AWSsome to reference the Publisher's name and display its logo and trademarks on the AWSsome website and marketing materials solely to identify the Publisher as a customer. The Publisher may withdraw consent in writing, after which AWSsome ceases new public use within thirty (30) days.
AWSsome may transfer its rights and obligations to a third party by any legal means, ceasing to be responsible after notifying the Publisher. Any assignment by the Publisher requires AWSsome's prior written consent (not to be unreasonably withheld).
The Parties waive the application of Article 1195 of the Civil Code and renounce renegotiation of the Terms whatever circumstances may occur.
20.1. These Terms are governed by French law, without conflict-of-law rules. 20.2. The Parties shall endeavour to resolve disputes amicably. 20.3. A persistent complaint may be addressed to the Afepame Mediator, Association Afepame, 36 rue Taitbout, 75009 Paris. 20.4. Absent an amicable arrangement, disputes are submitted to the Commercial Court of Paris.
No failure or delay in exercising a right is a waiver. If any provision becomes unenforceable, the remainder is unaffected and the provision applies with necessary modifications. The English version governs interpretation.
Any amendments must be in writing and signed by both parties.
These Terms may be executed in counterparts, which together form one agreement.
24.1. Notices must be given by email. 24.2. Notices to AWSsome: legal@awssome.io. 24.3. Notices to the Publisher: the email of the individual who completed the initial Marketplace purchase decision, until another contact is designated. 24.4. A notice is deemed received on the earlier of a successful transmission confirmation or the first business day after sending, absent a delivery-failure message.
These Terms supersede in their entirety any "marketplace purchase", "click-through", "shrink-wrap", "browse-wrap" or similar non-negotiated terms, including any surfaced when establishing a Publisher or User Account.
1. Service Availability. AWSsome targets at least 99% monthly availability, calculated as [(Actual Availability ÷ Total Scheduled Availability) × 100%], where Total Scheduled Availability is 24/7. Exclusions (not counted as interruptions) include force majeure, misuse against the Terms, maintenance, permitted suspensions, failures of third-party technology or the Publisher's environment, and unavailability caused by Publisher data.
2. SLA Credits.
| Solution Availability | SLA Credits |
|---|---|
| < 99% and ≥ 97% | 1% |
| < 97% and ≥ 95% | 3% |
| < 95% | 5% |
SLA Credits are a percentage of the monthly price, applied as a reduction on the next invoice. SLA credits are the Publisher's sole and exclusive remedy for breach of the SLA.
Users may submit support requests by email to support@awssome.io, providing diagnostic information necessary to process the request. AWSsome's support team may, with limited and time-bound access used solely to process the request, access Publisher data or impersonate the User. Requests that are actually new-feature requests may be redirected to the product team for consideration in a future update. Support is provided while the Terms are in effect.
AWSsome employees access the Solution via AWS IAM Identity Center SSO within AWSsome's AWS Organization. Publisher Users can access the platform via AWS IAM Identity Center SSO if they have an AWS account or federated identity; otherwise AWSsome can issue credentials via Amazon Cognito User Pools. Users inactive for two weeks are automatically logged out. Passwords are stored encrypted with 256-bit AES managed by AWS KMS. API keys are encrypted with AWS KMS, with automatic key rotation and access strictly limited on a need-to-know basis, tracked via AWS CloudTrail. Sub-contractors are audited for security and privacy practices before engagement.