1.1 Weboom BV offers business services in the field of chatbots (“Services”). To use the Services, an account must be created. Weboom BV offers paid services for this.
1.2 The provider of the Services is Weboom BV, with registered office at Kroonstraat 58, 3020 Veltem-Beisem and registered in the K.B.O. under number 0768.359.467.
2.1 These general terms and conditions (“Terms”) apply to all use of the Weboom BV Services by the customer (“Customer” and “you”, “your”). The natural persons who use our Services on behalf of the Customer are referred to as “User”. In these Terms and Conditions, the masculine form also means the feminine form.
2.2 When the Customer creates an account, he agrees to these Terms and Conditions. If you do not agree to these Terms or do not wish to be bound by them, please do not use our Services.
2.3 These Terms and Conditions, together with our Processing Agreement, form the entire agreement between Weboom BV and its Customer (“Agreement”). Purchase conditions or other agreements or conditions of the Customer are expressly not applicable.
2.4 The natural person who creates an account with us on behalf of the Customer guarantees that he or she is authorized to enter into legally binding agreements on behalf of the Customer.
2.5 We may unilaterally change these Terms at any time. If we change the Terms and Conditions, we will inform the Customer by e-mail. The latest version of these Terms and Conditions can always be consulted via our website.
3.1 We offer different packages, each with their own functionalities, as set out on our website. To use our Services, you must create an account, regardless of the package you choose.
3.2 An account must be created by a natural person of at least 18 years old. It is prohibited to use 'robots' or similar automated methods. The moment we discover that an account has been registered by a robot or similar technology, we will immediately deactivate and delete this account.
3.3 When you create an account, you guarantee that the information you provide to us is correct, complete and up to date. You are also responsible for keeping the information in your account correct, complete and up to date at all times.
3.4 Your login details are personal and confidential. You must keep this information to yourself and never reveal it to others. It is strictly prohibited to share login details with third parties or otherwise grant them access to your account. If you know or suspect that your login details are known to third parties, please contact us immediately so that we can block your login details to prevent further misuse.
3.5 By creating an account, you obtain a limited, non-exclusive and non-transferable right to use the functionalities associated with the package you have chosen. This right is conditioned on your and your Users' compliance with all provisions of these Terms.
3.6 Sometimes it is necessary for our employees to access your account, for example to diagnose and resolve a problem. When you contact us to report a problem, you implicitly consent to our employees having access to your account. If this is a problem and you do not want an employee to have access to your account, please indicate this clearly in your request. We will then do our best, as far as possible, to resolve the problem without access to your account.
3.7 Violation of these Terms and Conditions in any way will result in the immediate deactivation and/or blocking and/or permanent closure of your account, without you being entitled to a refund of any prepaid fees.
4.1 The Customer agrees to pay the rate stated on our website for the package he chooses (“Rate”). The Rate applies per website. The Customer agrees to the payment terms set out in this article.
4.2 All rates stated are in euros and exclusive of VAT.
4.3 Each paid package can be taken out for a monthly term.
4.4 The Customer is responsible for providing us with the correct payment details.
4.5 If a payment cannot be made successfully, the Customer will receive an email with instructions to make the payment. If payment is not made within the specified period, we reserve the right to temporarily deactivate your account until payment has been made.
4.6 The Customer will receive an invoice by email to the email address provided by the Customer, linked to the account.
4.7 We have the right to adjust our Rates. If we change our Rates, this will be displayed on our website and communicated to existing customers by email. Changes will take effect on the next payment term and will not affect current terms. If the Customer does not agree with the change, he can cancel his account in the manner described in Article 5.
4.8 We may change the contents of a package or remove a package from our offering. If it concerns a downgrade or expiration of a package, the Customer has the right to cancel the package with effect from the date on which the change takes effect. If that date falls within a current payment term, the Customer is entitled to a refund of that part of the prepaid Rates that corresponds to the remainder of the payment term.
5.1 The Agreement runs from the moment the Customer creates an account and ends upon deletion of the account.
5.2 Unless the Customer cancels the package, a package will always be automatically renewed for a period of one month. The Customer can cancel the chosen package at any time via his account. Other methods of cancellation will not be processed and therefore have no effect.
5.3 The cancellation takes effect after the payment term in force at the time of cancellation. If the Customer cancels during a current month, his package will be retained until the end of the "billing month" for which the Customer has already paid in advance. You will not be invoiced again after the end of the month.
5.4 The Customer is not entitled to a refund of Rates already paid in advance, unless the cancellation results from Article 2.5 or 4.8.
5.5 The Customer may request us to delete his account by email. Deleting an account will also delete all information and content associated with it. Within a period of 30 days after deletion, it is still possible to retrieve deleted information at the request of the Customer. After that period has expired, it is no longer possible to restore or retrieve deleted accounts or information.
6.1 The Customer and Users must refrain from the following actions:(a) sharing login details with third parties; (b) use third party login details; (c) abuse or damage our website or Services, for example by introducing viruses or other malicious software; (d) attack our website, our Services or the servers on which they operate in any way; (e) test the vulnerability of our website and Services or circumvent security measures or a login environment; (f) use our Services for illegal purposes or to send unwanted emails (SPAM); (g) otherwise breach these Terms.
6.2 If the Customer or a User commits a prohibited act, we are entitled to take one or more of the following measures, with immediate effect and without you being entitled to compensation for any damage that may result to you:
6.2.1 block access to your account;
6.2.2 deactivate/delete your account temporarily or permanently;
6.2.3 report it to the police and cooperate with any investigation, where we may be required to share your personal data with authorities.
6.3 If you are no longer able to use our Services as a result of a prohibited act, you will under no circumstances be entitled to a refund of any prepaid Fees.
6.4 The measures referred to in Article 6.2 are in addition to the other rights and measures available to us in an appropriate case, including our right to compensation for the full damage we suffer as a result of your prohibited action.
7.1 We are the exclusive holder of all intellectual property rights in our Services, including, but not limited to, copyrights, design rights, database rights and rights in software, including the graphic user interface.
7.2 Content uploaded by you to your account remains your property and the information and content uploaded by end users of the chatbots remains the property of those end users.
7.3 We are the exclusive holder of the trade name UltimaChatbot and its logo. Their use is reserved to us. If you wish to use our name, you must request our express written permission in advance.
7.4 Our website and our Services, or any part thereof, may not be copied, edited, distributed or reverse engineered.
8.1 We provide our Services as they exist and function at the time of use, without providing any warranty as to their operation or functionality. You use our Services at your own risk.
8.2 From time to time our Services may be unavailable, for example because we need to perform updates, fix problems or add or remove features. We therefore do not guarantee that our Services will be available at all times, nor that our Services will be completely free of problems, disruptions or errors. We do our utmost to keep downtime to a minimum. You are responsible for installing virus detection software on the device on which Users use our Services.
8.3 Maintenance to our Services will take place as much as possible at times when the Customer experiences the least inconvenience as possible. If possible, we will inform you in advance of planned maintenance by email.
9.1 We do not accept unlimited liability in relation to the use of our Services. Our liability is limited in the manner described in this article, unless there is damage resulting from intent or deliberate recklessness on our part.
9.2 We are only liable if there is a failure to comply with one of our obligations under the Agreement, while that failure is also attributable to us. If we are liable, our liability is limited for direct damage to a maximum of the total amount that the Customer has paid to us for use of our Services in the three (3) months prior to the event that caused the damage.
9.3 We are not liable for any form of damage other than direct damage, including (but not limited to) indirect damage, consequential damage, damage due to lost turnover and lost profits, damage to reputation, damage resulting from the unavailability of our Services and damage due to loss or damage of data.
9.4 We are not responsible or liable for the information or content uploaded by end users of our Services, nor for any communications between the Customer and its end users made through our Services.
9.5 Claims of the Customer against Weboom BV shall lapse upon the mere expiration of twelve (12) months after the claim arose.
9.6 The customer fully indemnifies Weboom BV against damage suffered by Weboom BV due to or as a result of a violation of these Terms and Conditions by the Customer or a third party acting under its responsibility - including, but not limited to, performing prohibited acts - as well as against claims from third parties arising from or related to the use of the Services by the Customer.
10.1 We collect and process certain personal data of the Customer. In our Privacy Statement you can read, among other things, how we use your personal data, with whom we share it and what your rights are. We act in accordance with applicable legislation in the field of privacy protection.
10.2 Personal data of end users may also be processed through our Services. With regard to that processing, you are the controller and we are the processor. Our Processing Agreement applies to the processing of those personal data. This forms an integral part of the Agreement. You can find the processing agreement in your account under Company details.
11.1 If any provision of these Terms is void or voided, the remaining provisions of these Terms will remain in full force and effect. In that case, Weboom BV and the Customer will enter into mutual consultation to agree on a replacement provision that comes as close as possible to the original intention of the parties with the void or voided provision.
11.2 Weboom BV may transfer its rights and obligations under these Terms and Conditions to another party, for example if Weboom BV is acquired by another company. If this happens, we will inform the Customer and ensure that the Customer's existing rights are respected. The Customer may not transfer its rights and obligations under these Terms and Conditions to a third party without the express permission of Weboom BV.
11.3 Provisions in these Terms and Conditions that by their nature are intended to retain their validity after the agreement with the Customer has ended, will continue to apply after termination.
12.1 These Terms are governed by Belgian Law .
12.2 Disputes fall under the exclusive jurisdiction of the courts of the district of Leuven.
