Welcome to WEMASY B.V.!
These Terms of Use (the "Agreement" or "terms") regulate and control any access and use of www.wemasy.com ("Website", "Site") owned and operated by WEMASY B.V. ("WEMASY B.V.", "we", "us", "our"). These terms of use apply to all users, including unregistered visitors, registered and subscribed users (collectively, "users", "you", "your"), who are using any WEMASY B.V. services, including our websites and any of their subdomains, web applications ("WEMASY B.V. Apps"), mobile applications ("Mobile Apps"), and related services (collectively, the "Platform", "Services"). By accessing or using any part of the Website, you solely accept these terms. If you do not agree to all the terms of these terms of use, you may not access the Website or use any of our services.
These terms of use are a legally binding contract between you and us and regulate your use of our Platform and its services. Any documents referred to herein and our Domain Names Policies, Privacy Policy, Data Processing Contract, and Automatic Backup Policies shall be deemed to be a material part of these terms of use. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement. We reserve the right to update, change, or replace any part of these terms of use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
ACCEPTANCE OF TERMS OF USE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORM AND ITS SERVICES. BY CLICKING THE "I ACCEPT" BUTTON HEREIN OR BY ACCESSING OR USING OUR WEBSITE AND ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR USE OF OUR WEBSITE IS ALSO SUBJECT TO OUR PRIVACY POLICY. THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WEMASY B.V. AT SPORTLAAN 45, 6717 LA EDE. GELDERLAND, NETHERLANDS. IF YOU DO NOT AGREE WITH ANY TERMS SET FORTH HEREIN, INCLUDING ANY CHANGES, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLACE ANY ORDER. WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS OF USE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. WE WILL NOTIFY YOU BY EMAIL IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS OF USE.
GENERAL USE:
WEMASY B.V. is an all-in-one online platform or system offering domain, web building, pop-ups, SEO analysis, analytics, campaigns, webshop, rank tracking, click protection, A/B testing, subscription, invoicing tools and other website related service (the “Services”) to international users. We are offering our users numerous tools and features for creating, publishing, and using stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as "User Platforms". Subject to these terms of use, by using our Platform and its services, you represent and warrant that: a) all registration information you submit is true, accurate, current, and complete, b) you have the legal capacity and you agree to comply with these terms of use and you are not a minor in the jurisdiction in which you reside and you have given us consent to allow any of your minor dependents to use this Site, c) you will not use the Platform for any illegal or unauthorized purpose, and d) your use of our Platform will not violate any applicable law or regulation. You acknowledge and agree that we may suspend or terminate your access to and use of the Platform and any of its services if we have reason to believe that the information you provide upon registration or in any account update is untrue, inaccurate, not current, incomplete, or for other reasons in our sole discretion.
AVAILABILITY, SECURITY & ACCURACY OF OUR PLATFORM AND ITS SERVICES
We are offering our Platform and its services on an "as is" and "as available" basis. We make no warranty that your access to the Platform or using our API will be uninterrupted, timely, or error-free, as this cannot be guaranteed due to the nature of the internet. Additionally, we may need to carry out repairs, maintenance, or introduce new features periodically. Access to the Platform may be suspended or withdrawn temporarily or permanently, without notice, either to you personally or to all users. We may also impose restrictions on the length and manner of usage of any part of the Platform for any reason. If we impose restrictions on you personally, you must not attempt to use the website under any other name or user or on any other computer, mobile, or similar device. We do not warrant that the Platform will be compatible with all hardware and software you may use. We shall not be liable for any damage to or viruses or other codes that may affect any equipment, software, data, or other property as a result of your download, installation, access to, or use of the Platform, nor for the actions of third parties. But, we will implement industry-standard security measures to protect your website against DDoS attacks. We reserve the right to change or update the Platform and anything described in it without notice to you, including suspending access to the website or closing it indefinitely.
Additionally, you acknowledge and understand that your use of our analytics tool or any other tools implies that our data may not be 100% accurate. We may experience data loss or other errors in tracking, for instance, some hours may be missing or data may not be entirely correct when tracking user analytics. Furthermore, when utilizing our campaign tool, the receipt of emails is not guaranteed to be 100%. There may be instances where emails sent to customers, etc., are not received.
INTERPRETATION:
“Users” the unregistered visitors, registered and subscribed users or any person including Contributors using WEMASY B.V. on behalf of User.
"Service(s)" means WEMASY B.V.'s proprietary online platform or system offering domain, web building, pop-ups, SEO analysis, analytics, campaigns, web shop, rank tracking, click protection, A/B testing and subscription, invoicing tools and other related website functionalities (the “Services).
“Pro Version” the subscription term described in the Pricing and other pages of our website.
“User Data or Personal Data” the data inputted by the visitors, registered and subscribed users for the purpose of using the Services or facilitating the user’s use of the Services. Or any data of any type that is submitted to the Services by or on behalf of user, including without limitation: (a) data submitted, uploaded or imported to the Services by user (including from Third Party Platforms) and (b) data provided by or about user (including chat and message logs) that are collected from the user Properties using the Platform and it’s Services.
“OAuth” It’s an open-standard authorization protocol or framework that describes how unrelated servers and services can safely allow authenticated access to their assets without actually sharing the initial, related, single logon credential. It works by delegating user authentication to the service that hosts the user account, and authorizing third-party applications to access the user account.
"Feedback" means comments, user story, questions, suggestions or other feedback relating to any WEMASY B.V. service.
"Laws" means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
"Taxes" means any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of WEMASY B.V..
"Third-Party Website or Platform" means any website, software, mobile application, software-as-a-service, data sources or other products or services not provided by WEMASY B.V. that are integrated with Services and as described in the Clause 14 of this Terms
“Confidential Information” information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information in clause 8
“User Subscriptions” the user who purchased any services offered through our Platform
“Subscription Fees” the subscription fees payable by the user
TERMS OF USE OF PLATFORM AND ITS SERVICES
Who can Use Our Services: To use or access our Platform and its services, you must be at least 18 years old or have reached the age of majority in accordance with your local law and have the legal authority to register on behalf of your organization. We reserve the right, in our sole discretion, to deny registration to anyone at any time and for any reason whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current, and complete information when prompted for it.
Registration or Sign Up: Before you are allowed to use the WEMASY B.V. Platform, you need to register for an account and complete the online registration process on our platform. We have an optional authorization (OAuth) registration option with social media plugins like Facebook, Google, Github, Discord and other similar platforms. These tools may allow automatic registration and a direct connection with those network's servers through your browser, and the registration information will be transferred to us by those networks. If you access our platform and its services with your login credentials from those platforms, we may receive personal information about you from such social networking platforms, in accordance with the terms of use and privacy policy of those platforms. All users must complete all mandatory registration fields with true, accurate, current, and complete content. If your information changes, please promptly update your account accordingly to ensure that we can provide you with accurate and appropriate services. We reserve the right to restrict your access, temporarily or indefinitely block your account, stop any services you have in progress, warn other users of your actions, or issue you a warning if, including but not limited to a) if you breach any terms of these Terms of Use; b) we are unable to verify or authenticate any information you provide to us; c) we believe that your actions may cause any loss or liability to other users or to us.
If you are a Contributor, you are required to register and create a user account of your own in order to access the user account or workspace or to specific Projects or to specific tool under which you are a Contributor. Therefore, these Terms of Use apply to Contributors as well.
If you are a Reseller User, then depending on the agreement between you and the Reseller, the Reseller may own the user platform, and you may be invited by the Reseller as a Contributor to such user platform.
If you are a Community Member, you are required to register and create a user account of your own in order to be a community member of our forum. As a Community member you can sell your templates and other permissible items through our forum.
If you are invited as a Contributor to a user platform or if you are a Reseller User, or if you are a Community Member you acknowledge that the owner of such user platform and/or the Reseller and/or Community Member (i) shall have full access to any information (including personal information) that is stored by you or on your behalf on such user platform and (iii) shall have all the rights and functionalities awarded to a user account owner, in connection with such user platform.
Account and Password Usage: It’s important that the information associated with your account is accurate and up-to-date. You may need to provide your name, address, email address, phone number, your company number, etcetera, to fulfill your account information. You may invite others to your User Account and your user platforms, and assign them certain roles and permissions to perform certain activities within your User Account and/or user platforms. A person granted permission to perform activities on a User Account and/or a user platform, who does not own them, is referred to herein as a “Contributor”.
If anyone other than yourself (including Contributors) accesses your User Account and/or any of your user platforms' settings, they may also perform actions available to you, make changes to your User Account and user platforms, and accept any legal terms available therein, make various representations and warranties, and more. All such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account and/or user platforms, whether or not specifically authorised by you. You are responsible for maintaining the confidentiality of any and all actions that take place while using your User Account and/or user platforms, and you must immediately notify our Support Center of any actual or suspected scam, loss, theft, or unauthorised use of your account or account password. We are not responsible for any loss that results from unauthorised use of your username and password, with or without your knowledge.
Also, In certain circumstances, we may offer the capability for authorized personnel to temporarily assume control of user accounts to facilitate assistance with content modification or issue resolution, ensuring optimal user experience and support services.
Ownership of User Account / Platform: For each User Platform, we will consider the owner of such User Platform to be the person or entity whose email address is listed in our records as the owner of the User Account under which the User Platform was created. In case of a dispute on User Account ownership, we reserve the right to determine ownership of a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination, we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership reach a resolution, without WEMASY B.V. having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.
If you're invited as a Contributor to a User Platform or if you're a Reseller User, you acknowledge that the owner of said User Platform and/or the Reseller will have complete access to any stored information, including personal data, on that User Platform. Furthermore, they will possess all the privileges and functionalities of a User Account owner in relation to said User Platform.
WEMASY B.V. will recognize the individual or entity with access to the associated email address as the rightful owner of a User Account, User Platform, and/or any User Content generated or uploaded to the relevant WEMASY B.V. Service. If any Paid Services are procured through a User Account, WEMASY B.V. reserves the right to consider the owner of said User Account, along with the pertinent User Platform and/or User Content created therein, as the individual or entity whose billing particulars were utilized for such purchases.
In instances where both an individual and an organization are registered as the registrant or registrant organization of a domain, WEMASY B.V. will designate the organization as the legitimate domain owner. Should the Billing Information identify one person as the owner of the User Platform while domain registration indicates a different owner, WEMASY B.V. will regard the person registered as the owner of the domain linked to the WEMASY B.V. Account as the owner of the User Platform.
Nevertheless, WEMASY B.V. retains the authority to determine the ownership of User Content and/or a User Website as it sees fit, even if this means disregarding the aforementioned guidelines, should WEMASY B.V. deem, at its sole discretion, that the situation warrants such a determination. This determination will be based solely on the factual situation as assessed by WEMASY B.V.'s sole discretion.
Free Packages or Services: Our platform may also provide free packages that enable users to create their own websites without any payment required. However, it is important to note that these free packages require the inclusion of a WEMASY B.V. logo or message advertisement on the user's website. Users utilizing the free package are not permitted to remove any labels or branding associated with WEMASY B.V. from their websites.
The free package or services will be subject to usage limits, such as 1000 visits or 50 form submissions, among others.. By utilizing our free-based packages or services, you explicitly acknowledge and consent to the requirement of upgrading to a paid package once you have depleted the allocated free resources. Failure to upgrade may result in the suspension of your access to our free service.
Transfer of Accounts and Sites: You may transfer your site(s) to another person through our Platform ("Site Transfer"). If you wish to transfer your account to another legal entity or person ("Account Transfer"), please contact our Support at support@wemasy.com. Please note that you may only request Site Transfers or Account Transfers for sites/accounts of which you are the legal owner and/or holder of rights. Account transfers are subject to our sole discretion and written approval. Under no circumstances are we obliged to comply with such requests. We do not act as an intermediary, arbiter, or adjudicator between you and any third party. If your transfer request affects third parties, such as in cases where accounts and/or sites are managed by you on behalf of third parties (e.g., your clients), we may ask for, and your request may be subject to, such third party's consent, although we are under no obligation to obtain such consent. Any account transfer is subject to prior written approval from us at our sole discretion. We shall not be liable for any claims, suits, liabilities, damages, losses, costs, or expenses of any nature whatsoever arising out of or in connection with your Site Transfers and/or Account Transfers. You shall hold WEMASY B.V. harmless from any and all claims, suits, proceedings, by any third party, and indemnify us from any and all fines, costs, expenses (including reasonable attorney's fees), losses, or damages arising from or connected to any Account Transfer and/or Site Transfer. For clarity, we shall not be liable for disputes between you as the Account owner and other members of your team or your clients who may own sites built through the platform.
Personalized User Experience: We may use AI technology to analyze user behavior and preferences in order to enhance the website building and management experience. Through insights gained from user actions and choices, WEMASY may offer personalized template suggestions, design recommendations, and targeted marketing strategies.
Customer Support: You are entitled to request assistance as needed. However, you acknowledge and understand that, in order to prevent abuse or excessive utilization of our support services, we adhere to principles of Fair Use. This means that we may provide support within reasonable limits. To prevent individuals from overusing our support resources, we may introduce a delay in responding to their inquiries. This delay is implemented to ensure that our average response time remains fair to all users. By doing so, we aim to distribute resources equitably among users and enable our support staff to effectively manage their workload without being unduly burdened by the demands of any single user.
Further, we may leverage advanced AI technology provided by OpenAI or similar AI service provider to enhance the efficiency of our support services. Through this innovative approach, we pre-generate responses using AI algorithms to swiftly address your inquiries, thereby optimizing the speed and effectiveness of our support system.
International Users: The Service is controlled, operated, and administered by WEMASY B.V. BV from our offices within the European Economic Area (EEA). If you access the Service from a location outside the EEA, you are responsible for compliance with all local laws. You agree that you will not use the WEMASY B.V. content accessed through WEMASY B.V. in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
License to Use WEMASY B.V. Platform; WEMASY B.V. Content: WEMASY B.V. grants to you a personal, non-transferable, nonexclusive, revocable, limited license to access, view, and use the WEMASY B.V. site, WEMASY B.V. Platform, and all content we provide to you through WEMASY B.V. (“WEMASY B.V. Content”) solely for your internal business purposes.
User Communications: By signing up for an Account with us, you are opting in to receive communications from us regarding our products and services, including customer newsletters, special offers, and exclusive discounts. You may opt out of these communications at any time by following the "unsubscribe" link at the bottom of any email. We may use email, Intercom, and other forms of communication systems as needed to communicate with our User.
User Representations: By using the Platform and its services, you represent and warrant that: a) all registration information you submit will be true, accurate, current, and complete; b) you have the legal capacity and you agree to comply with these Terms of Use and you are not a minor in the jurisdiction in which you reside; c) you will not use the Site for any illegal or unauthorized purpose; and d) your use of the Site will not violate any applicable law or regulation. You acknowledge and agree that we may suspend or terminate your access to and use of our Platform and its services if we have reason to believe that the information you provide upon registration or in any account update is untrue, inaccurate, not current, incomplete, or for other reasons in our sole discretion.
Suspension of Account: WEMASY B.V. or its representatives, subsidiaries, or partners may decide to suspend or terminate your User Account and/or User Platforms at any time, for any reason. Common reasons include improper use of the service, misrepresentations to job applicants, fraudulent activity, misuse of free trial offerings, and activity that violates these terms of use or our Privacy Policy. We use and utilize artificial intelligence (AI) technology to automate the process of fraud detection. In the event that your account is suspended or terminated, there shall be no refund offered; however, your account will be cancelled and no further charges will be incurred.
SUBSCRIPTION FEES, PAYMENT AND REFUND
“Monthly” subscriptions will be charged each month on the same day as the day of the month when the subscribed plan was first activated.
“Yearly” subscriptions will be charged each year on the same day and month as the day and month as when the subscribed plan was first activated.
Your payment for any subscription will be charged in advance monthly or yearly to your provided payment method. You can view more details of our subscription plans and pricing on our website www.wemasy.com
Pricing: When visiting our website, the subscription price may be displayed in your local currency. You will be informed of any fees, taxes, and costs, including delivery costs, during the purchasing process. Prices on this website are displayed either inclusive or exclusive of any applicable fees, taxes, and costs, depending on the section the user is browsing. Our prices are subject to change and we will provide you with reasonable notice of any such changes to give you an opportunity to terminate your subscription before such changes take effect. When you subscribe to any services, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the service after any change to the subscription fee constitutes your agreeing to pay the modified subscription fee amount. Upon any termination or expiration of the Subscription Term, we will charge the designated payment method for any outstanding fees for the Services during the subscription term. In accordance with the terms outlined herein, we reserve the right to adjust pricing based on the volume of resources utilized by you, including but not limited to storage capacity, bandwidth consumption etc..
Payments: All payments will be handled via the third-party secure gateway system or merchant services, either through our website or otherwise. Stripe and Mollie serve as our payment gateway. No payment data will be collected by WEMASY B.V.. The subscription or payment amount may include taxes or VATs and any other amounts which will be described on our website. You will be charged in advance for all subscriptions. You waive your right to dispute any payment made, and you will bear all costs. Any attempt to defraud us, whether through the use of Stripe and Mollie or failure by you to honour charges or requests for payment, will result in immediate termination of your account, and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block the user account. If your payment method is unable to verify or found invalid, we may suspend or cancel your subscription, or you will be frozen from our system and its services automatically until payment is corrected. We reserve the right to refuse any subscription or payments from our users at our sole discretion.
Renewals and Cancellations: Each subscription will renew automatically in advance either on an annual basis or on a monthly basis unless cancelled in accordance with this section. When any payment is overdue, you are allowed to login, but you will see a popup to pay before being able to continue. When we renew your subscription, we will use the payment method currently associated with your account. We may notify you in advance of impending renewals, and you expressly agree to waive the application of any law regarding our auto-renewal policy. You may cancel your subscription’s renewal either through your account page or by contacting our support team. You acknowledge and agree that your subscription is continuous until you cancel it or we suspend your access to our services in accordance with these terms or as otherwise stated when you subscribe to our services. When you cancel your subscription, you acknowledge and agree that you are canceling only future charges associated with your subscription, and we will have the sole right to delete all of your data from our platform. We highly advise you to keep a backup copy of your data before canceling your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will not receive any refund for the current billing cycle. You will continue to have the same access and benefits of your membership for the remainder of the current billing period. You further acknowledge and agree that failure to initiate renewal in a timely manner may result in the shutdown of your live websites offline.
No Refunds: Any purchases or subscriptions to our services are non-refundable, except as may be required by applicable law. You have the flexibility to upgrade, downgrade, or cancel your subscription at any time. Once payment has been processed, refunds are not available for cancellations. In the event of an account suspension or termination, refunds will not be provided; however, your account will be canceled, and no further charges will be incurred. For any inquiries or assistance, please contact us at support@wemasy.com.
Termination or Suspension: We also reserve the right to suspend or terminate your subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund. If any or all our digital products are temporarily unavailable, you will not receive a refund. In the event that your account or access to our Platform and its services are suspended or terminated, there shall be no refund offered; however, your account will be cancelled and no further charges will be incurred.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
Users Intellectual Property: Users shall own all intellectual property pertaining to their User Content and to any other materials created, developed, or connected to WEMASY B.V. Services, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, APIs, databases, interfaces, text, and literary works. We do not claim ownership rights over your User Content or the content you connect to the WEMASY B.V. Services. Users know and agree that in order to provide the Services and to maintain and improve them, WEMASY B.V. may need to access, upload, and/or copy User Content to its platform to make display adjustments, to train its software tools, and to duplicate it for backup and perform any other technical actions and/or uses required to provide the services as deemed necessary. Users hereby grant WEMASY B.V. a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use their User Content.
USER GENERATED CONTENT POLICY
Our platform hosts user-generated content (UGC), which includes but is not limited to website, text, images, videos, comments, and other materials submitted by users. This policy hereby outlines the rights and responsibilities of both you and us concerning UGC,
User Rights and Responsibilities:
Users retain ownership and responsibility for the content they generate and upload to our platform.
Users grant our platform a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display their UGC in connection with the operation and promotion of the platform.
Users have the right to request the removal of their own UGC from the platform, subject to our content removal policies outlined below.
Our Rights and Responsibilities:
We reserves the right to moderate, monitor, and manage all UGC to ensure compliance with our community guidelines, terms of service, and applicable laws.
We have the right to remove or refuse to display any UGC that violates our policies or is deemed inappropriate, offensive, harmful, or illegal, without prior notice to the user.
We may edit, modify, or delete UGC to improve clarity, accuracy, or compliance with our platform's standards.
Content Moderation and Removal Policies
Prohibited Content: You shall not add, publish or upload any content in our platform containing hate speech, harassment, threats, violence, obscenity, defamation, or infringement of intellectual property rights will not be tolerated. Content promoting illegal activities, spam, scams, or deceptive practices will be removed. Any UGC violating our user code of conduct and prohibited activititis will be subject to removal.
User Reporting: You are encouraged to report any UGC that they believe violates our policies. Reports will be reviewed and investigated by our support team, and appropriate action will be taken based on the severity of the violation.
Appeals Process: Users whose content has been removed may submit an appeal to contest the decision. Appeals will be reviewed by our support team, and if deemed necessary, the content may be reinstated.
By using our platform, users acknowledge and agree to abide by this Policy. We reserve the right to update or modify this policy at any time without prior notice. If you have any questions or concerns regarding this policy, please contact us at support@wemasy.com
FAIR USE POLICY(FUP)
At WEMASY B.V., we strive to ensure fair and equal access to our resources and services for all our users. Our Fair Use Policy (FUP) is designed to maintain the integrity and performance of our systems, prevent abuse, and ensure that resources are distributed fairly among all users. This policy outlines the guidelines and procedures for managing resource allocation when usage patterns significantly deviate from the average.
Resource Allocation: WEMASY B.V. provides various resources and services to its users, including but not limited to bandwidth, storage, processing power, and network capacity. These resources are shared among all users, and we allocate them fairly to ensure optimal performance and availability for everyone.
Fair Use Assessment: We regularly monitor and analyze resource usage patterns across our network. If we identify users whose resource consumption significantly exceeds the average level, we may take action to mitigate the impact on other users and maintain overall system performance. Factors we consider in assessing fair use may include, but are not limited to:
Bandwidth consumption
Disk Space or Storage usage
CPU and processing utilization
Network/Data traffic volume
Data Traffic: The Fair Use Policy is implemented to evaluate the data traffic volume of our packages, aiming to prevent network overload. Our objective is to mitigate disruptions for users caused by excessive data traffic from other users sharing the same connection. Continuous monitoring of data traffic is conducted by our team round-the-clock. Should we observe that the utilized data traffic, measured over a one-month period, surpasses four times the limit of our Starter package, we will contact the user accordingly.
Disk Space: The Fair Use Policy extends to the limited and unlimited disk space included in all our hosting packages. The allocated disk space is strictly designated for website-related storage purposes and not intended for the storage of extensive movie or photo materials, or other non-website storage files. Monitoring of storage capacity is conducted 24/7 by WEMASY B.V.
Consequences of Exceeding Limits: We are committed to working closely with you to identify options that align more effectively with your requirements. Should we observe that your storage capacity exceeds three times the limit associated with your subscribed package over a one-month period, we will reach out to discuss potential solutions.
i) Notification: We may reach out to you to inform them of your usage patterns and discuss potential solutions to optimize your resource utilization.
ii) Resource Adjustment: In some cases, we may adjust the allocation of resources for you to ensure equitable distribution among all users.
iii) Usage Limits: We may impose temporary or permanent usage limits on your account to prevent excessive resource consumption.
iv) Account Suspension or Termination: In cases of severe abuse or repeated violations of our Fair Use Policy, we reserve the right to suspend or terminate your account with us.
RESELLER TERMS AND CONDITIONS:
Upon prior written approval from WEMASY B.V., You are authorized to resell our services, provided they are integrated with or offered as part of your own products or services, without disclosing the name of WEMASY B.V. as a supplier or subcontractor. In reselling our offered products and services, you hereby represent and warrant that:
You will refrain from using our name within your reselling system and will not disclose to your customers any connection with WEMASY B.V.
You shall indemnify WEMASY B.V. against all claims made by your customers.
When reselling, you shall operate under your own name, at your own risk, and on your own account. You are not authorized to conclude agreements on behalf of WEMASY B.V. or give the impression that you represent WEMASY B.V.
WEMASY B.V. reserves the right to take appropriate action in the event of violations of these terms and conditions by any of your customers.
Your failure to make timely payments does not absolve you from your obligations towards WEMASY B.V.
You may only use the trade name, brand name, logo, and signage of WEMASY B.V. in your communication to your customers or for promotional or commercial purposes with the written consent of WEMASY B.V..
You are solely responsible for the actions or omissions of your customers through the systems or networks of WEMASY B.V.
USER CODE OF CONDUCT AND PROHIBITED ACTIVITIES
In using our Platform and its services, you must behave in a peaceful, civil, prudent, and respectful manner at all times. To use our Platform and its services, you shall not do or attempt to do anything that is illegal, prohibited by any laws, anything which we would consider inappropriate, or anything which might bring our users or us into disrepute or legal consequences. You shall not and are strictly prohibited from:
Acting in a suspicious manner or harassing or stalking any other user of our Platform;
Distributing spam or promoting information that is false or misleading, or promoting any illegal activities or conduct that is defamatory or otherwise objectionable;
Framing or mirroring any part of our Platform and its services;
Attempting to or actually accessing our Platform by any means other than through the interfaces we have;
Modifying, adapting, sublicensing, selling, reverse engineering, translating, or otherwise disassembling any portion of our Platform and its services or its content or any software/tools used on our Platform;
Posting, submitting, using, transmitting, or distributing, directly or indirectly, in any manner or media any content or materials obtained from our Platform in connection with your use of our offered service in accordance with these Terms of Use;
Posting any comment or content which is offensive to the online community, indicates racism, influences gender discrimination, hatred, physical harm, or is otherwise objectionable or unacceptable against any people, community, or individual;
Posting any content or information that you know is false, fabricated, misleading, promotes illegal activities, or is abusive, threatening, obscene, or defamatory;
Posting any content which displays pornographic or sexually explicit material of any kind or exploits people in a sexual or violent manner;
Developing or using any applications that interact with our Services without our prior written consent;
Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Interfering with or circumventing the security features of our Platform. We reserve the right to terminate your use of our Platform for violating any of the prohibited uses;
Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Platform;
Using or launching any automated system, including "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
Using any app or tools in any manner that damages, disables, overburdens, or impairs any part of our Platform or interferes with any other party's subscribed services;
Collecting or trying to collect information about our other users which may be prohibited and suspicious in nature;
Using our Platform in a manner that may harm minors or that interacts with minor people;
Advertising or soliciting other’s copyright information or uploading, posting, or otherwise making available on our Platform any material protected by copyright, trademark, or other intellectual property right without the express permission of the owner of such copyright, trademark, or other intellectual property rights. You will indemnify us for any claims by third parties regarding infringement of copyrights, trademarks, and other intellectual property rights.
Promoting fraudulent schemes, get-rich-quick schemes, online gaming and gambling, cash gifting, or any other dubious money-making ventures;
Taking part in any activities that are deemed to be void or illegal under the applicable law;
You agree not to reproduce, duplicate, copy, or resell our Platform and its services or any part of our Platform and its services save as may be permitted by these Terms of Use. You agree not to access without authority, interfere with, damage, or disrupt:
Any part of our Platform and its services;
Any equipment or network on which our Platform and its services are stored;
Any software used in the provision of our Platform and its services;
Any equipment or network or software owned or used by any third party.
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or our Platform and its services for the purpose of use on our Platform and its services or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
SECURITY
We adhere to widely accepted industry standards to ensure the security of our system. Our systems are regularly monitored for potential vulnerabilities and attacks, and we continuously explore new methods and utilize third-party services to enhance our system's security further. Additionally, it is your responsibility to keep your browsers updated with the latest, safest versions. We highly recommend utilizing our two-factor authentication system to safeguard your account from unauthorized access and enhance overall safety and security.
PERSONAL INFORMATION/DATA PRIVACY POLICY:
You can view our Privacy Policy at www.wemasy.com/privacy-policy/, By using the Platform and its Services, all policies concerning you or any of our Platform users will be governed by our Privacy Policy.
DOMAIN NAME POLICY
We offer domain name registration as a paid service, subject to specific rules and policies outlined in this section. This section describes the rules and policies for individuals who register domain names. By procuring a domain name registration service from us, you automatically become a registered name holder. Each registered domain name is linked to a WEMASY B.V. workspaces. To become a registered domain name holder, you must have a WEMASY B.V. user account and at least one active WEMASY B.V. workspace.
Registration and Ownership: The individual or entity that purchases the domain becomes its lawful owner. WEMASY B.V. acts solely as a Technical Administrator and intermediary (agent) between you and the organization responsible for domain name allocation. If you, as the domain owner, choose not to renew the domain, WEMASY B.V. shall have no liability or responsibility for any ensuing problems or issues following its expiration. Failure to make timely payment for domain renewal may result in irretrievable loss of the domain, for which WEMASY B.V. cannot be held responsible. By default, every domain is locked for transfer but can be unlocked upon the owner's request. The current list of available domains can be found in the domain price list on our website https://wemasy.com.
For general information on gTLDs (generic top-level domains such as .com, .net, .org), refer to: ICANN Educational Resources
For further details regarding the rights and responsibilities of gTLD owners, visit: ICANN Benefits
Complaints about a registered domain name: If you have complaints regarding a registered name or encounter any form of abuse, we encourage you to report it to WEMASY B.V. at support@wemasy.com. Upon receipt, our anti-abuse team will assess your complaints, aiming to respond in your preferred language whenever possible. Upon receiving a complaint or abuse report, our anti-abuse team will thoroughly evaluate its contents. If the complaint is deemed valid, we will contact the domain owner and request appropriate actions to address the issue. In cases of severe violations, we reserve the right to immediately disable the domain name. If the complaint is found to be invalid, no action will be taken against the domain name or its owner. You will receive prompt email notifications regarding the resolution of the complaint or abuse report. If we are unable to evaluate the complaint or if it's rejected, you will receive an explanation along with any relevant referrals to other parties who may assist with the specific issue.
Domain Renewal and Deletion Policy: Domain renewal can be initiated from the date of purchase until the day preceding the expiration date specified in the project administration. Payment for domain renewal is deemed completed if the payment date precedes the expiration date. The payment date is set when the selected payment method provider confirms the successful receipt of payment. Failure to pay for domain renewal in a timely manner results in the domain entering a quarantine period. While it is possible to retrieve the domain from quarantine, an administrative fee will be levied. WEMASY B.V. ensures that the registered name holder receives notifications regarding the impending expiration at least twice: once approximately one month prior to the expiry and again roughly one week before the expiry. Additionally, WEMASY B.V. sends an expiration notification within 24 hours after the domain's expiry date. Also, please note that we will not be liable for failure to renew your domain if you use any payment method that may require a longer delay, such as manually sending the money. It is your sole responsibility to ensure that the renewal payment has reached us before the renewal date.
When a domain name reaches its expiry date, it is automatically deactivated and removed from your WEMASY B.V. account. The expiry date of a domain is clearly stated in the administration of the WEMASY B.V. workspace with which it is associated. You will receive email notifications regarding the impending expiry of your domain name. Additionally, you will be notified via email about the deletion of your domain name if you choose not to renew it.
Depending on the top-level domain (TLD) of the domain name, you may have the option to request restoring the domain name during a specified period after its deletion, known as the redemption period. The duration of the redemption period varies depending on the TLD and may not be available for certain domain names. Restoring a domain name during this period may incur additional fees. You acknowledge and agree that there are no trial periods or refunds available for domain registration, as it involves a direct payment process
Cancellation of Registration: As a User, you have the right to cancel your registration at any time. By doing so, you hereby grant us explicit consent to fulfill the service before the end of the cooling-off period. In the event that we fulfill the primary obligations of the contract prior to the expiration of the cooling-off period, you forfeit the right to withdraw from said contract.
Additional information for registered domain name holders: The registered domain name holders rights and responsibilities are defined by the ICANN and are listed on their Registrants' Benefits and Responsibilities page.
More details about the role of the registrar, domain names, and domain renewal are available at the ICANN Registrant Educational Materials page.
The Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement are also listed on the ICANN site.
AUTOMATIC BACKUP POLICY
We offer automatic backup services included in all of our paid plans. Your website will be automatically backed up with our system in the event of any catastrophic events, including but not limited to major security flaws within our system, cyberattacks, virus infections, hardware or software failures, natural disasters etc. which and what are beyond WEMASY B.V.’s control, but we cannot guarantee 100% accuracy or correctness of backing up your data through our automatic backup process. Our automatic backups may not encompass all website content, settings, form entries, member registrations, orders etc. available at the time of backup. You can backup your website manually by logging in your account and generating your website and then downloading the statically generated content in a zip file. This zip file does not contain any dynamic functionality, it's all static HTML with text content. Images are not included as they are hosted on a CDN. Furthermore, we highly recommend that you regularly download all legally required information, such as order details, from your website, as we cannot guarantee the retention of this information on your behalf.
USER ACTIVITY RECORDING
Through our analytics and recording tools, we monitor website traffic and record end-user usage activity on our Users' websites. If any of our Users integrate any of our tools onto their website (for instance, by embedding our JavaScript code), we may record the activity of visitors to their website using our recording tools. Additionally, we may use multiple methods to anonymize the data. It's important to note that we never sell or disclose any recorded data unless compelled to do so by law.
MARKETING OPT-OUTS
If you are receiving any automated email, messages or SMS through any type of electronic communication channels with special offers from us or any marketing communication or text message, you can unsubscribe through the unsubscribe button at the bottom of each email or by contacting us at support@wemasy.com at any time. By using our Platform and its services, you consent to receive such automated email, massage or SMS unless you opt out from receiving them.
LIMITATION OF LIABILITY:
You acknowledge and agree that your access to and use of the Platform and its services are at your sole risk. We will not be liable to any of our users for any direct, indirect, incidental, special, or consequential damages of any kind resulting from the use of our Platform and its services. In relation to the access and use of our Platform or its services, you hereby acknowledge and agree that:
We reserve the right to restrict or limit the access or visibility of our Platform or its services to any of our users at any time.
Our liability will be limited to you or any other person for any direct, indirect, or special or consequential damages or losses resulting from the use or inability to use our Platform or its services or due to business interruption.
These terms of use will be limited if any loss or damage arises because of any theft or stealing of property belonging to you or for any loss or damage in which you have any contribution to such loss or damage.
We are not responsible or liable for any content published by our users which is threatening, defamatory, obscene, offensive, or illegal, or any content which infringes third-party copyright. If you disagree with any of the terms of this document or any other policy outlined on our Platform, you are suggested to discontinue using our Platform and its services.
In no event will we be liable for any direct, indirect, incidental, punitive, special, or consequential damages including any lost profits, lost revenue, lost savings, loss of data, or any similar damages arising from your use of our Platform and its services.
We cannot be held explicitly liable for any deficiencies or shortcomings exhibited by third parties engaged by WEMASY B.V.
We reserve the right to investigate and take appropriate legal action against anyone who violates any terms set forth herein.
You hereby understand and accept that we shall not be liable for any results or outcomes arising from the marketing, advice, campaigns, or social media marketing services rendered. And, the effectiveness of marketing efforts, advice, campaigns, or social media marketing initiatives cannot be guaranteed by us. In the event of any conflict, dispute, or dissatisfaction arising from the marketing, advice, campaigns, or social media marketing services, you agree to first attempt to resolve the matter directly with the social media platform(s) involved.
Further, you release WEMASY B.V., its officers, directors, employees, agents, and affiliates from any and all liability, claims, demands, damages, costs, and expenses (including legal fees) arising from or in connection with the marketing, advice, campaigns, or social media marketing services provided, regardless of the cause of action. And, you acknowledge that our liability shall be limited to the extent permitted by law, and in no event shall exceed the fees paid by you for the specific marketing, advice, campaigns, or social media marketing services in question.
To the extent permitted by law, our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, our Platform, or the Content is limited to the resupply by us to you of the particular service you bought from us or such other similar service as we may choose. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting, in part, the consideration for WEMASY B.V. services to you, and such limitations will apply even if WEMASY B.V. has been advised of the possibility of such liabilities.
LEGAL COMPLIANCE
Governing Law and Jurisdiction: You must comply with any and all applicable local, state, national, and international laws and regulations when using our Platform and its services. These Terms of Use are construed by and will be governed in accordance with the laws of the Kingdom of the Netherlands and EEA, and other applicable international laws without regard to conflicts of law provisions thereof and without regard to conflict of law principles. We have the sole right to choose the territorial jurisdiction over disputes, and you agree that such courts will have personal jurisdiction over you in such matters through your use of our Platform and its services.
User Dispute Resolution:
Amicable Dispute Resolution: If there is any dispute, claim, or complaint about or involving the use of our website, your purchase of products, or in connection with these terms and conditions, it will be managed by our support centre first, which will try to resolve them amicably. If matters progress to a legal stage, then our Attorney will arrange a time to talk to the user. You may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to our email address specified in this document. We will process the complaint without undue delay and within thirty (30) days of receiving it. In the event of any controversy regarding the use of this website or the service, users are kindly asked to contact us at the contact details provided in this document.
Online Dispute Resolution for Subscriber: The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method for solving disputes related to and stemming from online contracts for sales or services. As a result, any European consumer or consumer based in Norway, Iceland, or Liechtenstein can use such a platform to resolve disputes arising from contracts entered into online. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
Limitations: As some jurisdictions might not allow some of these exclusions or limitations to apply to you. In that event, the liability will be limited as far as legally possible under the applicable laws. We reserve the right to use these Terms of Use as a defense against any claim, action, proceeding, or suit brought by you against us for any matter arising out of any complaint or otherwise in respect of these Terms of Use. The maximum liability of WEMASY B.V. shall not exceed the amount paid by the User in the last 3 months.
COPYRIGHT INFRINGEMENT/DMCA POLICY:
We comply with the Digital Millennium Copyright Act of 1998 (DMCA). We will remove infringing materials under the Digital Millennium Copyright Act (“DMCA”) if you properly notify us that any content published on our website infringes copyright. If you believe that any content on our website infringes your copyright, please notify us in writing, providing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner regarding the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim to be infringing, and where it is located on the Service, sufficient for us to locate it;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving a valid written notice, we will expeditiously respond and conduct a proper investigation; if we find copyright infringement related to your user platform or user website, we may restrict your access to your user account, take your user platform down, or remove any content in our sole discretion, with or without prior notice to you. If any necessary information is missing from your notice, it may be rejected. You may send notice to us at dmca@wemasy.com, including all the requirements stated above.
If you believe that your work has been removed or disabled by mistake or misidentification, please contact support@wemasy.com in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information):
A physical or electronic signature of the user of the services;
Your full name, address, telephone number;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your consent to any appropriate judicial body and any other information required under the relevant provisions of the DMCA.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. In accordance with the DMCA, WEMASY B.V. has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. WEMASY B.V. may also terminate user accounts even based on a single infringement, at the sole discretion of WEMASY B.V..
Our designated copyright agent for notice of alleged copyright infringement is:
WEMASY B.V.
Address: Sportlaan 45, 6717 LA Ede.
Gelderland, Netherlands
Email: dmca@wemasy.com
TERMINATION AND SUSPENSION OF USER ACCOUNT
Termination or Suspension by WEMASY B.V.: We may, in our sole discretion, suspend or terminate your access to and use of our Platform and its services immediately if you violate any applicable law or regulation or fail to comply with any provision of these Terms of Use or any other agreement pertaining to the use of our Platform and its services. You may report to us any actual or potential violations of these Terms of Use at any time, and we reserve the right to suspend, terminate, or limit the services in our sole discretion. If you open a User Account via a Reseller or purchase Paid Services from a Reseller, you are entitled to suspend, terminate, or block access to your User Account and User Platform as well as to the provision of any related WEMASY B.V. Services or Third-Party Services to you, also, if: (a) we are requested to do so by your Reseller; or (b) the Reseller fails to pay us any amounts due to us. You consent to these suspensions and termination rights and acknowledge and agree that we shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.
Termination or Cancellation by User: You may discontinue using and request to cancel your User Account and/or any WEMASY B.V. Services at any time, for any reason, by following the instructions on the settings page in your account section or by contacting our support centre. You may also cancel the renewal of your subscription at any time. We reserve the right to temporarily or permanently restrict or block access to our Platform and its services for any users. We will not be liable for any damages or loss resulting from the restriction of use of our Platform and its services. The effective date and time for such cancellation shall be when you complete the cancellation process on the WEMASY B.V. Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Despite the above, any Paid Services purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller. Despite the above, with respect to subscriptions to Renewing Paid Services, these subscriptions will only be discontinued upon the expiration of the respective period for which you have already made payment. For information about cancelling Paid Services you purchased from a Reseller, please contact your Reseller.
Effect of Termination: If we terminates your use of our Platform and its services because you have breached these Terms, you shall not be entitled to a refund of any portion of the fees or payments (if any) that you paid for your license to access and use of our Platform, and its service, and you shall remain obligated to pay the remainder of any amounts still owed to us or to other WEMASY B.V. users. In the event that any user terminates or cancels their Subscription, no refund will be offered; however, your account will be cancelled, and no further charges will be incurred. We will not be liable for any damages or loss resulting from the removal of User Content. We reserve the right to temporarily or permanently restrict or block access to the Site and/or the Service for users whose accounts have been cancelled.
THIRD PARTY LINK AND SERVICES
Third Party Links: Our Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such links or resources, or for the content, products, or services on or available from those links. Linking to such websites or resources does not imply any affiliation with us or such websites or resources, or the content, products, or services available from them. It is your sole responsibility to review their policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Integration with Third Party Services: From time to time, we may integrate with third-party platforms, software, or tools, which may enable you to engage, connect, further develop, and procure certain third-party services, products, and tools to enhance your User Platform and overall user experience. This includes, but is not limited to, domain registrars, third-party applications, widgets, licensed content, media distribution services, e-commerce payment providers, sellers of tangible products, third-party designers, external databases, and code packages (collectively, "Third-party Services").
You acknowledge and agree that regardless of how such third-party services are offered to you, WEMASY B.V. merely act as an intermediary platform between you and such third-party services, and does not endorse any Third-Party Services or accept any responsibility or liability with respect to them. WEMASY B.V. will not be a party to, or monitor, any interaction or transaction between you and any third-party services. Your use of such third-party services through our Platform will be governed by these Terms of Use, but your direct use or access to such websites, software, or tools will be governed by their respective Terms of Use. If you have any queries, concerns, or complaints about such platforms or software, you must direct them to the operator of that third-party platform or software.
You acknowledge that such services may require payment of additional amounts to WEMASY B.V. and/or to the providers of such third-party services. Any use of such third-party services shall be solely at your own risk and responsibility. WEMASY B.V. may, at any time and at its sole discretion, suspend, disable access to, or remove from your User Account or User Platform(s) any Third-Party Services without any liability to you or any end users.
Additionally, you acknowledge and understand that reliance on third-party services and integrations carries risks, including potential service interruptions, data breaches on external platforms, and alterations in third-party policies or pricing, which may impact the offerings and user experience of WEMASY B. V.
INDEPENDENCE FROM PLATFORM:
We are solely responsible for providing any maintenance and support services required under applicable law for our Platform and its services. You acknowledge that any third-party service provider we may use has no obligation to furnish maintenance and support services for our Platform and its services. You acknowledge that:
We, not any third-party technical service providers, are responsible for addressing any claims from you or any third party relating to our Platform and its services or your possession or use of our Platform and its services. This includes claims that our Platform and its services fail to conform to any applicable legal or regulatory requirement and claims arising from consumer protection or similar legislation.
In the event of any third-party claim that our Platform and its services or your possession and use of our Platform and its services infringe the intellectual property rights of that third party, we, not the relevant third-party technical service providers, will be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim, provided that the infringement was caused by us.
The relevant third-party technical service providers and their subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, these third-party Technical Service Providers will have the right to enforce these Terms of Use against you as third-party beneficiaries thereof.
You must comply with any applicable third-party terms of agreement when using our Platform and its services.
CHANGES OR MODIFICATIONS
Modifications to WEMASY B.V.: We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue any portion of the WEMASY B.V. Platform or our services offered thereon.
Changes or Modifications to Terms: We reserve the right to modify and amend these Terms of Use at any time. Changes will take effect immediately upon being posted on our website. If there are any material changes to these Terms of Use, we will notify you to ensure that you are aware of the information we collect and how we use and disclose it. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and stay informed of any modifications.
GENERAL TERMS
Security: We will use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of any Service or user data. However, we will have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond WEMASY B.V.'s control.
Miscellaneous: You agree that no joint venture, partnership, employment, or agency relationship exists between you and WEMASY B.V. as a result of the Terms of Use. We have the absolute discretion to transfer or assign all or any part of our rights under these Terms of Use and shall have the right to delegate or use third-party contractors to fulfil our duties and obligations under these Terms of Use in connection with using our website and its services.
Indemnification: You agree to defend, indemnify, and hold harmless us and/or our officers, directors, employees, agents, medical professionals, affiliates, trusted third-party service providers, licensors, and suppliers from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal or attorney fees, resulting from or alleged to result from your use of our Platform and its services and/or violation of any terms of this document. Each user also agrees to indemnify and hold harmless each other from any damages, costs, and expenses arising out of any dispute between them. We reserve the right to assume the exclusive defence and control of any demand, claim, or action arising under these Terms of Use or in connection with our Platform and its services. You understand and agree to fully cooperate with us in the defence of any such demand, claim, action, and settlement as needed or as requested by us.
Electronic Notice: You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. A notice is effective only upon receipt by the receiving party.
Headings: The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
Severability: If any term or provision of these Terms of Use is deemed to be invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality, or unenforceability shall not affect any other part, term, or provision of these Terms of Use, and the other parts, terms, or conditions shall remain in full force.
Force Majeure: We shall not be responsible for a delay in performing or failure to perform any of its obligations under these terms if such delay or failure results from events, circumstances, or causes beyond its reasonable control, such as a natural disaster, strike, blockade, war, act of terrorism, riot, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency. It is your responsibility to have a backup process to store data. You are responsible for reporting any errors or providing feedback for improvement.
Entire Agreement: These Terms of Use constitute the sole and entire agreement between you and us regarding your use of our Platform and supersede all prior and contemporaneous understandings, agreements, and warranties, both between you and us regarding the use of our Platform.
Waiver: Our failure to exercise any right, obligation, or privilege under any terms of this document will not be construed as a waiver of any subsequent or further exercise of that right, obligation, or privilege or the exercise of any other right, power, or privilege.
Non-Assignment: This Agreement is not assignable, transferable, or sub licensable by you except with prior written consent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder.
Exclusion: Except as expressly stated in these Terms of Use, all warranties and conditions, whether expressed or implied by statute, common law, or otherwise, are hereby excluded to the extent permitted by law.
Successors and Assigns: These Terms shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns.
No Third-party Beneficiaries: These terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Acceptance: By using our Platform and its services, you signify your acceptance of these Terms of Use and our Privacy Policy. Your continued use of our Platform and its services will be deemed to be your acceptance of any changes to these Terms of Use.
CONTACT US
WEMASY B.V. has sole jurisdiction to provide an explanation of these “Terms of Use ". Feel free to contact us at,
WEMASY B.V.
Address:
Sportlaan 45, 6717 LA Ede.
Gelderland, Netherlands
Email: support@wemasy.com
FYI: Please note that
This Terms of Use was last updated in March 2024.
We reserve the right to change this Terms of Use at any time. Changes to this Terms of Use may occur without prior notification.
This Terms of Use was written in English, and may be translated into other languages for your convenience. You may access and view other language versions by changing your WEMASY B.V. Website language settings. If a translated (non-English) version of this Terms of Use conflicts in any way with its English version, the provisions of the English version shall prevail.
Your continued use of our website signifies your acceptance of any changes to this Terms of Use.
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