Terms of service

Effective date: Dec 3, 2022

By way of introduction, it is hereby clarified that the use of the Wolebase Services (website and application) implies full acceptance of the following provisions and conditions of use.

1. Content

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate the Wolebase Services and, more generally, all elements reproduced or used on these Services, are protected by the laws in force with regard to intellectual property.

This is also the case for ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulas, scripts, workflows, processes, software, methodologies, databases, know-how, trade secrets and other technologies and information, including all intellectual property rights that exist, whether registered or not, and wherever in the world they are located.

Indeed, Wolebase has only licensed the Services to you and Wolebase does not sell the Services.

They are the full and complete property of Wolebase or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of Wolebase, is strictly prohibited. The fact that Wolebase does not initiate proceedings upon becoming aware of such unauthorised use does not constitute acceptance of such use and waiver of prosecution.

2. Services Management

For the proper management of the Services, Wolebase may at any time :

• - Suspend, interrupt, limit access to all or part of the Services or reserve access to all or part of them to a specific category of Internet users,
• - Remove any information that may disrupt the operation of the Services or contravene national or international laws,
• - Suspend the Services in order to carry out updates.

3. Restriction

You and your users shall not :

• - Use the Wolebase Services for any illegal purpose or in any way that violates any law or the rights of any other person,
• - Allow the use of the Services in any manner not permitted by these Terms,
• - Disassemble, decompile, unlock, reverse engineer or decode the Services in any way or modify or create derivative works based on the Wolebase Services,
• - Resell, grant any rights under these Terms to any third party or rent, timeshare, loan or lease the Services,
• - Copy any features, functions or user interface of the Services,
• - Introduce any malicious code, viruses, malware or other material that disrupts, slows down or causes the Wolebase Services to malfunction,
• - Upload or generate any content that is unlawful, threatening, harmful, harassing, tortious, defamatory, abusive, obscene, vulgar, violent, invasive of another‘s rights or privacy, hateful, racially or ethnically offensive, or otherwise objectionable; or use the Services in connection with spamming,
• - Use information from the Wolebase applications for spamming purposes, including sending unsolicited email to users or selling personal information.

Misuse of users personal information is prohibited. Any person, entity or service collecting data from the Wolebase Services must comply with our Privacy Policy, including with respect to the collection of personal information. If you collect personal information from the Services, you agree to use it only for the purpose for which the user has authorized it. You agree to reasonably secure personal information collected by you from the Services and to respond promptly to complaints, requests for deletion, and requests for no contact from Wolebase or other users.

4. Liability

Wolebase is not responsible for any failure, breakdown, difficulty or interruption in operation, preventing access to the services or any of its features.

The connection equipment you use is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you visit.

Wolebase will not be liable for any legal action taken against you:

• - as a result of the use of the Wolebase services or any service accessible via the Internet ;
• - as a result of your failure to comply with these terms and conditions.

Wolebase is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Wolebase services and you waive any claim against it as a result.

In the event that Wolebase is subject to any legal or amicable proceedings arising out of your use of the Services (whether in negligence or strict liability), Wolebase shall be entitled to recover from you all damages, amounts, judgments and costs that may arise from such proceedings.

Except for your breach of the provisions of Section 3 of these Terms of Use, neither party‘s liability to the other shall exceed the fees paid by you to Wolebase in the 12 months immediately preceding the event giving rise to the claim.

5. Advertising

Subject to your prior written consent, Wolebase may identify you and use and display your name, logo, trademarks or service marks on the Wolebase website and in its marketing materials.

6. Feedback

Any comments or other feedback from the user specifically relating to the Wolebase service, with the exception of personal information, may be used by Wolebase as it sees fit (e.g. to improve its services or for commercial purposes), without obligation or restriction.

The user hereby grants Wolebase and its assignees the right and license to incorporate it into its service.

This right and licence is completely free of charge, unlimited in time and space, and irrevocable.

The user further grants Wolebase, under the same terms and conditions, a sub-license to use, disclose, reproduce, modify, create derivative works from, distribute, display, and otherwise distribute and exploit any feedback as Wolebase sees fit, without obligation or restriction.

7. Fee and payment

7.1 Fees

Access to and use of the Wolebase Services is subject to payment of fees as set forth in the applicable Order. All fees will be paid in dollars. The amount of fees payable will depend on the subscription selected.

Payment obligations are non-cancellable and, except as expressly stated in this Agreement, non-refundable. Wolebase may change its fees or introduce new fees at its sole discretion. You always have the right to choose not to renew your subscription if you do not agree with the new or revised fees.

If you do not pay the fees on time, Wolebase reserves the right, in addition to taking any other action at law or in equity, to charge interest on amounts owed at the rate of 1.0% per month or the highest interest rate permitted by law, whichever is lower, and to charge all collection costs, and to suspend or terminate the applicable services.

7.2 Payment

When you purchase a subscription, you expressly authorize Wolebase or our third party payment processor to bill you for the subscription fee (at the current rate) and taxes, either quarterly or annually. Subscription fees are subject to change, but Wolebase will notify you in advance of any such changes.

By accepting these terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or Wolebase.

Unless otherwise specified in an order, all subscriptions will automatically renew for periods equal to your initial subscription term. Your subscription continues until you cancel it or Wolebase terminates your access to or use of the services or subscription.

If you cancel automatic renewal, your subscription will terminate at the end of the current billing cycle, or immediately if you choose, but you will not be entitled to any credit or refund for amounts accrued or paid prior to such termination.

Wolebase is authorized, directly or through its third party payment processor, to bill you for credit card charges in accordance with the information you have provided to us. Wolebase shall be entitled to charge the credit card for all services provided by Wolebase in connection with the order, including recurring charges.

It is your sole responsibility to provide Wolebase with current credit card information; failure to do so may result in suspension of access to the Services. Wolebase shall also have the right to offset any fees owed by you.

If you pay fees through a third party payment processor, the processing of that payment will be subject to the terms, conditions and privacy policies of the third party payment processor in addition to this Agreement. Wolebase is not responsible for any errors or other acts or omissions of the payment processor.

If authorized by you through the acceptance of an order, recurring charges (e.g., quarterly billing) will be billed to your payment instrument without further authorization from you, until you terminate this Agreement or change your payment method in your Wolebase account.

7.3 Taxes

The fees do not include any taxes that are payable with respect to the Services or their use in the jurisdiction in which payment is made or received. You are responsible for paying all taxes associated with its purchases hereunder. If Wolebase is legally required to pay or collect any taxes for which you are responsible under this section, Wolebase will charge the amount of such taxes in addition to the subscription fee and the customer will pay such amount, unless the customer first provides Wolebase with a valid tax exemption certificate authorized by the appropriate tax authority.

7.4 Failure to pay

In the event of non-payment, Wolebase may suspend your access to the Services pending payment of the amounts due. You also authorise Wolebase to retry to debit your payment instrument up to 3 times if a first debit attempt is unsuccessful. If you believe that Wolebase has incorrectly billed you, you must contact Wolebase no later than 60 days after the closing date of the first billing statement in which the error or problem appeared, to receive an adjustment or credit.

8. Term and termination

8.1 Term and renewal

Subscriptions to access and use the Service begin on the start date indicated on the applicable order and continue for the duration of the subscription period. The customer may choose not to renew their subscription period directly via their customer account or by sending an email to contact@wolebase.com.

This contract comes into force on the first day of the subscription period and remains in force for the duration of the subscription period indicated in the order, as well as for any renewal of the subscription period and any period of use of the service by the customer, even if this use is not the subject of a paid order.

If the parties terminate this agreement, it will automatically terminate all orders. If the customer cancels or does not renew their paid subscription to the service, they will only have access to the free version of the Service.

8.2 Termination

In the event of a breach of this agreement, either party may terminate this agreement upon written notice to the other party and such breach is not remedied within 30 days of receipt of the notice by the breaching party.

Furthermore, Wolebase may terminate the customer‘s access to the free version at any time by notifying the customer.

The customer is informed that under no circumstances will any fees prior to the effective date of termination be refunded.

Upon termination of this agreement, the customer will no longer have the right to access or use the paid version of the service.

Within 30 days of termination of this Agreement or deletion of the account by the Customer, Wolebase will delete the Customer‘s information, including passwords and login information, unless the Customer requests an earlier deletion in writing. If the customer uses the free version, Wolebase may retain the customer‘s information to facilitate the customer‘s use of the services.

9. Governing law

The present terms of use are governed by French law and are subject to the jurisdiction of the courts of Nantes, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.

In the event of a dispute, the parties shall attempt to settle the conflict amicably before taking any legal action.

10. Legal Notice

Wolebase

Registered at the RCS of Nantes (SIREN number): 851 662 205 00026

Email : contact@wolebase.com