Terms of use

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Last updated on 6 february 2024

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1. Introduction

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1. These General Terms of Use (“Terms of Use“) are concluded between Wobby BV, a company incorporated under Belgian law, having its seat at Van Eycklei 2, 2018 Antwerpen, Belgium and registered with the Crossroads Bank for Enterprises with company number 0799.722.339 (“Wobby“, “we“, “us“) and the user (“User“, “you” or “your“), who may be granted authorized access by its employer or client (“Employer”). Wobby provides a no-code, AI-powered data analytics platform that enables users with no data background to analyze tabular statistical data (“Platform“). The User is the person who consults the Platform, downloads, files, uses them, registers via any form available on the Platform, creates a login, becomes a member, subscribes or enters into a contract with Wobby. These Terms of Use outline our relationship with you, as supplemented by our Privacy Policy and Cookie Policy. By using the Platform, you agree to be bound by the following terms and conditions and all applicable laws and regulations.
2. Your use of the Platform means that you are aware of, and agree to, the most recent version of the Terms of Use and our Privacy Policy as published on our website or the Platform. It is your sole responsibility to ensure that your use of any and all third party websites or content complies with all third party requirements.
3. We may modify these Terms of Use from time to time. We will notify you of any such change by email or notice on our website or in the Platform and will note the date of the last change. If you use the Platform after these updates are posted, you will be deemed to accept these changes and agree to be bound by them. These Terms of Use will continue to apply until terminated, either by you or by us, as described in these Terms of Use.

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2. User license

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1. Subject to timely payment of the fees by you or your Employer, depending on the chosen pricing plan, Wobby grants you a non-exclusive, limited, non-sublicensable and non-transferable right to use our Platform, subject to the limitations set forth in these Terms of Use and any other limitations communicated by us in writing. Nothing in these Terms of Use prohibits Wobby from providing our Platform to others, including your competitors.
2. Except for the limited rights expressly granted below, we reserve all right, title and interest in and to our Platform, including all associated intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Platform, use of the Platform or access to the Platform without our express written consent. You may not duplicate, copy or reuse any part of the visual design elements without our express written consent.
3. User may upload, create and provide any data(sets) or information to the Platform, and analyses, instructions, visualizations, reports, workspaces, summaries or any other form of output that is created by the User utilizing the Platform by any means permitted by Wobby (“User Content“). To the extent you upload, create or otherwise provide User Content to us, you grant Wobby a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content as may be necessary or useful to provide and maintain the Platform. Wobby reserves the right, but is not obligated, to review and remove User Content that is deemed to violate the provisions of these Terms of Use or otherwise inappropriate, third-party rights, or applicable laws or regulations.
4. Wobby will use its best efforts to resolve any issues, provided that the User complies with the Terms of Use. Please contact us via info@wobby.ai, LinkedIn (wobby.ai), or Twitter (@wobby_ai) for any feedback, support or inquiries.
   
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3. Access and use

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1. In order to obtain full access to the Platform, you must complete a registration. You will be asked to (a) provide certain registration details or other information; (b) create an account specific to you and activated by Wobby (“Account“) by choosing the Platform provided by us under the Terms of Use. You warrant that you will provide accurate and complete billing information, to the extent you want to purchase additional features, including but not limited to, full name, address, state, zip code and your phone number. By providing this payment information, you automatically authorize Wobby to charge the fees incurred through your Account to such payment instruments. If automatic billing does not occur for any reason, Wobby will issue an electronic invoice indicating that you must manually, within a specified time period, make full payment corresponding to the billing period indicated on the invoice. We may use electronic payment processors and/or third-party financial institutions (“ESPs“) to process financial transactions.  You acknowledge that each ESP has its own terms and conditions and that we are not responsible for these terms.
2. In order to create your Account, log in to, and/or participate in the Platform offered, you must be eligible and agree to the terms and conditions set forth below. Failure to qualify and continuously comply with any of the following terms and conditions constitutes a violation of these Terms of Use and may result in the termination of your Account and permission to use the Platform. In particular, you agree that:
   1. You are either eighteen (18) years old and able to access the Platform under the laws of all jurisdictions applicable to you. We expressly reserve the right (but have no obligation) to request proof of your age at any time;
   2. All information you provide to us in your registration form for the purpose of establishing your Account will be true and correct and you will promptly notify us of any changes to such information;
   3. Your Account is solely for your use and may not be used by any third party. You may not allow any third party to use your Account, password, login or user ID to access or use the Platform, or for any other purpose. We take no responsibility for any third party access to your Account. You must immediately notify us of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, username or password and all such use is deemed authorized by you. You are responsible for the security of the password you use to access the Platform and for all activities or actions under your password, whether your password is with our Platform or with a third party service;
   4. You have verified and determined that your use of the Platform does not violate any law or regulation in any jurisdiction applicable to you. It is your sole responsibility to ensure that this is the case;
   5. You will not use the Platform for fraudulent or otherwise illegal purposes;
   6. You will not conduct hacking attempts on the platform, or inject malicious code, AI, SQL or any other unauthorized injections;
   7. You understand that we may detect your Internet access location, without obligation, and may use techniques intended to block or restrict access from a jurisdiction where participation in the Platform is illegal or restricted;
   8. You will not mask your identity in any way, including, but not limited to, IP masking or accessing the Platform through any type of proxy server; and
   9. You will ensure that all use of your Account is in full compliance with these Terms of Use. We may suspend or terminate your access to the Platform without notice to you if you do not use the Platform for an extended period of time.
3. You agree to use the Platform only for its intended purpose, and You will not:
   1. sublicense, lease, rent, lend, distribute or otherwise transfer the Platform to any third party;
   2. decompile, reverse engineer, disassemble or otherwise derive the source code of the Platform;
   3. use or copy the Platform, except as expressly permitted in these Terms of Use;
   4. use the Platform to generate unsolicited email advertisements or spam;
   5. modify, remove or render illegible any copyright notice, digital watermark, proprietary legend or other notice contained on the Platform;
   6. intentionally distribute worms, Trojan horses, corrupt files or other items of a destructive or misleading nature or use the Platform for illegal, invasive, infringing, defamatory or fraudulent purposes;
   7. remove or in any way circumvent technical or other protection measures on the Platform.

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4. Your account

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1. Your Account must be registered under your current full legal name, your email address, and, if relevant, your current business address. It is your responsibility to keep your email address current. If you need to update your email address, please contact info@wobby.ai.
2. In order to access the full functions of the Platform, you must have a valid Account and comply with all the terms and conditions described in these Terms of Use.
3. When you create an Account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so will constitute a breach of the Terms of Use, which may result in immediate termination of your Account on our Platform.
4. In case of damage or loss of any login credentials, the User is obliged to notify Wobby thereof without delay and will indemnify Wobby for any incurred damages.

5. Verification of account information

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1. We reserve the right (but do not assume the obligation) to conduct an audit at any time to validate your Account information and/or to ensure that your participation on, and use of the Platform does not violate these Terms of Use and/or any applicable law. You authorize us and our agents to make any inquiries to you and for us to use and disclose to third parties that we deem necessary to validate this information. To facilitate the aforementioned validation, you agree to provide sufficient information or documentation as we, in our sole discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we are unable to verify the information applicable to your Account, your Account may be terminated.  

6. Payment

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1. Your payment to us for the premium features and in-app purchases must be made using payment methods that we may approve from time to time. Payments must be made from a payment source on which you are the named account holder. Payments are not refundable for any reason.
2. You agree that we will not be liable for any loss caused by unauthorized use of your credit card or other payment method by a third party in connection with the Platform. You waive your right to dispute any payment made on your Account and you will bear all costs.
3. Any attempted fraud, through the use of credit cards or other payment methods in connection with the Platform, or any failure by you to honor charges or requests for payment, may result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
4. In the event of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We have the right to notify all relevant authorities or entities (including credit reporting agencies) of payment fraud or other illegal activity and may engage collection services to collect payments
5. Except where required by law, fees paid are non-refundable.

7. Processing of account payments

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1. We may use electronic payment processors and/or third-party financial institutions (“ESPs“) to process financial transactions.  You acknowledge that each ESP has its own terms of use and that we are not responsible for these terms. In the event of any conflict between these Terms of Use and the ESP’s terms and conditions relating to the Platform, these Terms of Use will prevail.

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8. Termination or cancellations of accounts and refunds

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1. We may terminate these Terms of Use, terminate all or part of your access to the Platform, or suspend all or part of a user’s access to the Platform, at any time, without notice to you, if we believe, in our sole discretion, that you or any user associated with you has violated or may violate any term or provision of these Terms of Use, if we believe it is required by law, or otherwise. We may delete any Account information or other material related to your use of the Platform on our servers or otherwise in our possession. You acknowledge that we will not be liable to you or any third party for any termination of your access to the Platform.
2. We reserve the right to suspend or terminate your Account for non-payment of you or your Employer, depending on the chosen pricing plan. If we terminate your Account, all of your Account information may be deleted. You will be charged for the use of the Platform until the date you terminate your Account, if user purchases have been made.
3. You may terminate your Account of your applicable contract/subscription at any time in accordance with the user settings.

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9. Trademarks, trade names and service marks

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1. Unless otherwise indicated, all logos, names, packaging designs and marks on the Platform are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

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10. submitted information

1. With the exception of personal data, if you provide us with feedback, including data, variables, comments, suggestions, ideas, notes, drawings, graphics, concepts or other information (“Feedback“), you are providing that Feedback, and all of your rights thereto, to us free of charge, and such Feedback will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This applies whether you submit such Feedback to us by email, through a form on the website or Platform, on a bulletin board or otherwise.
2. We may from time to time monitor, review and, in our sole discretion, modify or delete any postings and User Content you make on the Platform, but we are under no obligation to do so. You agree not to submit or transmit any material that is unlawful, threatening, defamatory, libelous, obscene, pornographic, or discriminatory, or that could otherwise violate any law, regulation or rule, or these Terms of Use. You are solely responsible for the material you post on the Platform. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through, the Platform any material that interferes with the normal operation of the Platform, including posting or otherwise transmitting material unrelated to the subject matter at hand or that otherwise restricts or inhibits any other user from using the Platform. Through your use of the Platform, you may submit and/or we may collect certain limited information about you and your website use in accordance with our Privacy Policy. We will use such information for the purposes set forth in the terms of our Privacy Policy, we are not required to keep such submissions confidential, and we may use submissions (including, without limitation, for products or advertising) without incurring royalties or other fees of any kind, and we will not incur any liability as a result.

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11. Warranties; Disclaimer & limitation of liability

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1. You warrant that you will abide by and respect these Terms of Use and any additional guidelines of our Platform. If these Terms of Use or additional guidelines cause you any harm, we will not be held liable.
2. You understand that we cannot and do not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may have contaminated or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to meet your specific requirements for accuracy of data input and output, and for maintaining a means outside the Platform for reconstructing lost data. We assume no responsibility or risk for your use of the Internet.
3. Our services and all materials on the Platform are provided “AS IS” and “AS AVAILABLE” and without warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Wobby makes no representations or warranties about the accuracy, completeness, or suitability of any material on the Platform, or on any website or websites “linked” to the Platform. Wobby does not warrant that the Platform will be available, uninterrupted, error-free, or free of viruses or other harmful components.
4. To the extent permitted by applicable law, under no circumstances will Wobby or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, loss of data, use, goodwill or other intangible losses, arising from (i) your access to or use of or inability to access or use the Platform; (ii) any third-party conduct or content on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or modification of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if any remedy set forth herein is found to fail of its essential purpose.
5. To the maximum extent permitted under applicable law, the maximum liability of Wobby to you, arising from these Terms of Use will in no event exceed the total amount paid by you or your Employer, depending on the chosen pricing plan, for the Platform giving rise to the liability in the twelve (12) months preceding the first incident from which the liability arose or two thousand (2,000) EUR, whichever is higher, and in any event. The aforementioned limitations will not apply to a Party’s liability resulting from (i) fraud or deceit, and/or (ii) willful misconduct.
   
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12. Indemnification

1. You agree to defend, indemnify and hold harmless Wobby, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors from and against any and all liability, loss or damage, costs or expenses, including but not limited to court costs, attorneys’ fees, and any awards or damages caused by, in connection with or incidental to: (a) your use of our Platform; (b) uploading User Content; and (c) other services offered through the Platform.

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13. Websites of third parties

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1. We may provide links and references to Internet sites maintained by others independent of Wobby (“Third Party Sites”). We have not reviewed all of the Third Party Sites linked to the Platform and are not responsible for the content of, or any products or services offered on, such Third Party Sites. Wobby makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such Wobby. Your access to Third Party Sites from the Platform is at your own risk.

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14. Miscellaneous

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1. If any provision of these Terms of Use is deemed invalid, illegal or unenforceable, such provision will be deemed amended to comply with applicable law and the remaining provisions of the Terms of Use will continue in full force and effect to the extent permitted by law. Your use of our Platform is subject to our Privacy Policy. These Terms of Use represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications with respect to the subject matter. Our relationship is that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms of Use.
2. Wobby cannot be held responsible in case of default (temporary or otherwise) or in case of failure to perform any of its obligations as a result of a case of force majeure or coincidence.
3. These Terms of Use will be construed in accordance with Belgian law, without regard to any conflict of law principles. The competent courts of Antwerp will have exclusive jurisdiction over any dispute or controversy arising from or related to these Terms of Use or its subject matter.
4. If, due to circumstances beyond the control of Wobby, it is unable to continue with the performance of its obligations or is simply made more expensive or difficult, Wobby and the User may undertake to negotiate, in good faith and fairly, within a reasonable time, an adjustment to the contractual conditions, this in order to be able to restore the balance.

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