Wevalgo

Wevalgo Terms of Use Policy

1. Introduction

Welcome to Wevalgo! And thank you for using our services and products.

These Terms of Use (“TOU”) contain the terms under which Wevalgo provides its Services to you and describe how the Services may be accessed and used, which together with our privacy policy govern Wevalgo’s relationship with you in relation to this website.

If you are not a consumer under French law, French Consumer Code will not apply to your relationship with Wevalgo.

If you are a consumer under French law, French Consumer Code will apply to your relationship with Wevalgo.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms upon registration or order of Services.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

Some specific Services may be subject to additional conditions. They will be detailed on the Service page, and you will need to be read and accept them prior to ordering the Service.

2 Fees and Payments

2.1 Fees for Services

You agree to pay to Wevalgo any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. The fee is detailed on Wevalgo’s website and prior to order, on a pre-tax (hors-taxes) basis, and taxes such as VAT must and will be added upon order. If you have selected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct, that you own such credit card, have enough funds to cover the fee, and you will promptly notify Wevalgo of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

2.2 Packaged Services

You can purchase packaged services and off the shelf diagnostics (we call these “Packaged services”. These products are treated as consumed upon activation of this service. Once activated these packages services are non-refundable except as provided in these Terms or when required by law. This includes any packaged option with Consulting services embedded in the package.

You can have access to the results data as long as your account is active; we reserve the right in accordance with these Terms to review the status of your account periodically and without limitation.

2.3 Subscriptions

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Once the Subscription has ended we do not auto-renew your subscription, so whilst you will still have access to the results and data of services and tools already consumed within the Subscription period you will not be able to create any further content. If you wish to renew your Subscription please follow our Subscription options on the site or get in touch.

Products or services purchased through our catalogue benefiting of a discount though a subscription must be consumed and used within the period of the subscription.

2.4 You may still be able to use and consume these by renewing your subscription at the same level or above as when you purchased them.Consulting services

Some of our works provide you specific consulting services for which we will provide terms and conditions to be agreed upon prior to engagement on a case by case basis depending on the nature, scope, timing, resource and location of work.

2.5 Taxes

You will pay Wevalgo for the Services without any reduction for Taxes. If Wevalgo is obliged to collect or pay Taxes, the Taxes will be invoiced to you, at the applicable rate at the date of invoicing, unless you provide Wevalgo with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.

If you are located in France, VAT will be applied at the twenty (20) % rate, or any other applicable rate if the rate is changed.

Wevalgo will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union for business reasons and are located in a different European Union member state from Wevalgo (France). In this situation, you may be required to withhold taxes and are responsible to do so. If you are required by law to withhold any Taxes from your payments to Wevalgo, you must provide Wevalgo with an official tax receipt or other appropriate documentation to support such payments.

2.6 Price changes

Wevalgo may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. You will be notified of such change prior to the end of your current Subscription billing cycle and your Subscription will not be renewed if you do not agree to the price change.

2.7 Orders

The order process is as follows:

  • You create your account if it is your first order, or login in to your account if it already exists.
  • You chose the Service you want to order and add it to your basket.
  • Verification of the basket and validation of the basket by clicking on the validation button.
  • You provide your information and billing information.
  • You choose your billing method,
  • You review the order prior to final validation.
  • You read and accept the TOU.
  • Some Services may be subject to additional conditions: for these, you read and accept the additional conditions.
  • You validate the order.
  • Dispatch of an order confirmation email by Wevalgo, once payment has been fully received.

An order is only considered fully made once Wevalgo has fully received your payment and sent you the order confirmation email. If payment has not been fully received by Wevalgo, the order is not deemed as complete and no Service will be provided.

3 Privacy

3.1 Privacy

In the course of using the Services, you may submit content to Wevalgo (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Wevalgo’s private policy details how we treat your Content (including your personal data) and we agree to adhere to those Wevalgo privacy policies. You in turn agree that Wevalgo may use and share your Content in accordance with the Wevalgo privacy policies and applicable data protection laws. If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we will remind you to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the Wevalgo privacy policies.

Welvago’s privacy policy is accessible at the following address: https://www.wevalgo.com/index.php/en/terms-of-use

3.2 Confidentiality

Wevalgo will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Wevalgo privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Wevalgo); (b) was lawfully known to Wevalgo before receiving it from you; (c) is received by Wevalgo from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Wevalgo without reference to your Content. Wevalgo may disclose your Content when required by law or legal process, but only after Wevalgo, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

3.3 Security

Wevalgo will store and process your Content in a manner consistent with industry security standards. Wevalgo is implementing appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. This represents a fundamental part and strategy within the growth of the company and embedded within its services.

As well as working with our trusted partners who work with best in class equipment and techniques in fraud & hacking prevention. Some of the ways we can mitigate this is by implementing preventive tools such as, amongst others, parameter and data encryptions, Cross site Request Forgery tokens, Cross-site Scripting and SQL protection amongst other forms of security.

The website uses an SSL certificate with a 2048 bit signatures which provides up to 256 bit encryption of customer data.

Development & Testing and production environments are separated. All changes are peer reviewed and logged for performance, audit, and forensic purposes prior to deployment into the production environment.

Despite best efforts, it must be stated that no method of transmission over the Internet and no method of electronic storage is perfectly secure. We cannot guarantee absolute security. However, if Wevalgo learns of a security breach, we will notify affected users so that they can take appropriate protective steps. We will also notify the information commissioner’s Office (ICO) as soon as possible (in any case earlier than seventy two (72) hours) in accordance with our Privacy policies.

Your Responsibilities

Keeping your data secure also requires that you maintain the security of your account by using sufficiently complicated passwords and storing them safely. You should also ensure that you have sufficient security on your own systems.

Logging and Monitoring

Application and infrastructure systems log information to a centrally managed log repository for troubleshooting, security reviews, and analysis by authorized Wevalgo personnel. We will provide customers with reasonable assistance and access to logs in the event of a security incident impacting their account.

4 User Content

4.1 Content ownership

You retain ownership of all of your intellectual property rights in your Content. Wevalgo does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms and our privacy policy.

The Services may display content provided by others that is not owned by Wevalgo. Such content is the sole responsibility of the entity that makes it available (for example if consultants use our services for their own customers). Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Wevalgo is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so. You warrant us that you have all rights on the Content and will be held liable for any damages that Wevalgo may have to pay if Wevalgo is considered liable towards a third party, for hosting such Content, for any reason. Content created and available in shared team’s mode are also under the responsibility of the shared team creator, the creator also has the ability to assign rights, viewing rights and permissions to each team member.

4.2  Content review

You acknowledge that, in order to ensure compliance with legal obligations, Wevalgo may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). At our sole discretion and without being liable to you for any such reason, we may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Wevalgo otherwise has no obligation to monitor or review any content submitted to the Services.

4.3 Limited License to your Content

You grant Wevalgo a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Wevalgo privacy policies. This license for such limited purposes continues even after you stop using our Services and is granted for the duration of the Content protection by intellectual properly laws and treaties, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Wevalgo’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Wevalgo with feedback about the Services, we may use your feedback without any obligation to you.

This license will remain into force even in case of termination or expiration of the TOU, for whatever reason.

4.4 Customer Lists.

Wevalgo may identify you (by name and logo) as a Wevalgo Services customer on Wevalgo promotional materials.

For this reason, you grant Wevalgo a license to copy your logo on any support, existing or future, which is non transferable, non exclusive, free, worldwide, and for the duration of protection by intellectual property laws.

This license is granted to Wevalgo solely for promotional use.

If you are a consultant, using our Services while working with your own client, an identical license is granted to Wevalgo on your client’s logo, if you provide us such logo. You warrant us that you own all the rights to grant such a license on the client’s logo and may be held liable in case of infringement action against Wevalgo by a third party.

4.5 Other IP Claims.

Wevalgo respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Wevalgo user is infringing upon your intellectual property rights, you may contact us through our contact us form. Claims of copyright infringement should follow the process outlined in these Terms or any equivalent process available under local law.

5 Wevalgo IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).

6  Account Management

6.1 Keep Your Password Secure.

If you have been issued an account by Wevalgo in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Wevalgo, are responsible for any activity occurring in your account (other than activity that Wevalgo is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Wevalgo immediately. Accounts may not be shared and may only be used by one individual per account.

6.2  Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content to the extent permitted by applicable law, Wevalgo will not be liable for any failure to store, or for loss or corruption of, your Content.

6.3 Account Inactivity.

Wevalgo may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over eighteen (18) months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

7 User Requirements

If you are an individual, you may only use the Services if you have the power to form a contract with Wevalgo. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

If you are a company, these TOU must be accepted by someone who has the legal authority to do so, for a fully formed, incorporated company, under the laws of your jurisdiction of formation.

“Minors” are individuals under the age of 18 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

8 Acceptable Uses

8.1 Legal Compliance.

You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.

Wevalgo will not be liable if you do not comply with such applicable laws and regulations.

8.2  Your Responsibilities.

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.

(c) You may not circumvent or attempt to circumvent any limitations that Wevalgo imposes on your account.

(d) Unless authorized by Wevalgo in writing, you may not probe, scan, or test the vulnerability of any Wevalgo system or network.

(e) Unless authorized by Wevalgo in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Wevalgo will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Wevalgo.

(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

(j) Unless authorized by Wevalgo in writing, you may not resell or lease the Services.

(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Wevalgo has agreed with you otherwise. You may not use the Services in a way that would subject Wevalgo to those industry-specific regulations without obtaining Wevalgo’s prior written agreement.

(l) You may not register accounts by “bots” or other automated methods.

(m) Your Content and use of the Services may not violate our privacy policy

9 PCI Compliance

Wevalgo is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Wevalgo currently uses PCI compliant payment processors to receive payment however it may in the future look at obtaining payment directly.

In which case this data would only be used in anticipated ways and stored in appropriate places, in compliance with our privacy policy. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Wevalgo explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.

10 Suspension and Termination of Services

10.1 By You.

You can terminate your Subscription at any time by contacting us through our contact us form. Such termination will result in the deactivation or disablement of your account, you will still have access to the results and data of services and tools already consumed within the subscription period, but you will not be able to create any further content. Such results and data will remain available for eighteen (18) months from the date of last event on your account, in compliance with our privacy policy. This also is true for the team members you have invited in the shared team, depending on the rights, viewing rights and permissions you have assigned to each. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within thirty (30) days after you have so notified us in writing; or (b) a refund is required by law.

10.2 By Wevalgo.

Wevalgo may terminate your Subscription at the end of a billing cycle by providing at least thirty (30) days prior written notice to you, for any reason. Wevalgo may terminate your Subscription for any reason and at any moment in the middle of a billing cycle, by providing at least ninety (90) days written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Wevalgo may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within thirty (30) days after Wevalgo has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days; or (c) you fail to pay fees for thirty (30) days past the due date. Additionally, Wevalgo may at its sole discretion limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct or abuse of our services by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Wevalgo may decide that we need to take immediate action without notice. Wevalgo will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Wevalgo has no obligation to retain your Content upon termination of the applicable Service.

10.3 Further Measures.

If Wevalgo stops providing the Services to you because you repeatedly or egregiously breach these Terms, Wevalgo may take measures to prevent the further use of the Services by you, including blocking your IP address.

10.4 Reversibility

In case of termination or expiration of the Services, for whatever reason, you will be able to access and download your Content for up to forty-five (45) days from the termination or expiration date, either on our website or by contacting us. Once this date is passed, Wevalgo will not have any obligation to provide you access to your Content, or a copy of it, and is free to either anonymize it or delete it.

11 Changes and Updates

11.1 Changes to Terms.

Wevalgo may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or update, introduce, improve for new Services or functionality. The most current version will always be posted on the Wevalgo website. If an amendment is material (which consists of change of content in a clause), as determined in Wevalgo’s sole discretion, Wevalgo will notify you by email or when you login to your account with a request to read the new version of the TOU and accept it.

You will need to read these changes and accept them by checking a box to this effect.

If you do not agree with these changes, you must delete your account and no longer use our Services. If you do not agree with these changes, the previous TOU will remain applicable until the end of your billing cycle.

11.2 Changes to Services.

Wevalgo constantly changes and improves the Services. Wevalgo may add, alter, or remove functionality from a Service or a service as a whole at any time without prior notice, without being held liable for any damage this may cause. Wevalgo may also limit, suspend, or discontinue a Service at its discretion. If Wevalgo discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Wevalgo may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

11.3 Downgrades.

Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account. Wevalgo will not be liable for any such losses.

12 Disclaimers and Limitations of Liability

12.1 Disclaimers.

While it is in Wevalgo’s interest to provide you with a great experience when using the Services, there are certain things we cannot promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. We will not be held liable in case of Service unavailability. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WEVALGO DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

12.2 Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEVALGO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WEVALGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.3 Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF WEVALGO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO WEVALGO FOR USE OF THE SERVICES AT ISSUE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) EUR 200.00.

12.4 Consumers.

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

12.5 Businesses.

If you are a business, you will indemnify and hold harmless Wevalgo and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

13 Other Terms

13.1 Assignment.

You may not assign these Terms without Wevalgo’s prior written consent, which may be withheld in Wevalgo’s sole discretion. Wevalgo may assign these Terms at any time without notice to you.

13.2 Entire Agreement.

These Terms (including any Additional Terms) constitute the entire agreement between you and Wevalgo, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

13.3 Independent Contractors.

The relationship between you and Wevalgo is that of independent contractors, and not legal partners, employees, or agents of each other.

The parties declare that the TOU cannot be considered as an incorporation of a legal person or legal entity, and that their relation is deprived of “affectio societatis”.

13.4 Interpretation.

The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

13.5 No Waiver.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

13.6 Precedence.

To the extent any conflict exists, the Additional Terms prevail over these terms with respect to the Services to which the Additional Terms apply.

13.7 Severability.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.

The remaining provisions will remain unchanged and will remain in force, as if the void provisions were no longer part of the contract, unless said void provisions were inseparable from the void provision.

In this case, the parties will discuss a replacement provision. This new provision will need to be similar to the previous one and ensure that the spirit and economic balance of the clause is similar.

13.8 Third Party Beneficiaries.

There are no third-party beneficiaries to these Terms.

13.9 Survival

Any provisions in these TOU, which by its nature extends beyond the termination or expiration of the TOU, will remain in effect until its full execution and will apply to the parties’ beneficiaries and assignees.

The license granted on your Content to Wevalgo remains into force after the expiration or termination of the TOY, as detailed in Article 4.3.

13.10 Jurisdiction.

The TOU are governed by French law.

Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce those terms or arising out of or in connection with those terms, each party irrevocable submits to the exclusive jurisdiction of the courts of Annecy, France, notwithstanding plurality of defendants or the introduction of third parties, even for summary or conservatory proceedings, by appeal or by petition.

13.11 Proof

Registered letters with acknowledgement of receipt will be considered received and have full effect at the date of first delivery attempt.

Unless specific cases where registered letters must be used, the parties will exchange information via email, crypted or not, for performance of the TOU. The parties agree that email and electronic exchanges will have probative value.

Unless stipulated otherwise in the TOU, or if the parties can prove they have been tampered with, files, data, messages, and the computer registers archived in each party’s computer systems will be admitted as proof of communications, exchanges and payments between them.

14 Terms for Certain Customers and Countries

14.1 Language.

These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

14.2 Country-Specific Terms.

If you are located in one of the following locations, the terms thereunder apply.

Europe

EU1. Consumer rights

This Article only applies to consumers located in the European Union.

EU 1.1 Right of Withdrawal

In certain European countries, you have a legal right to cancel purchases of our services and tools within a certain period of time (14-day period).

However our Services are provided immediately upon order, which is an exclusion to the right of withdrawal.

By ordering our Services and ticking a box to this effect, you therefore agree that the right of withdrawal will not apply to your order.

EU 1.2 Mediation

In case of dispute between the parties and failure from Wevalgo to reply to your written reclamation within one (1) month, use the European mediation platform at the following address for free access to a mediator: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

You are free to accept or refuse to mediate, and both Parties are free to accept to refuse to solution offered by the mediator.

EU 1.3 Warranties

If you are a consumer, statutory warranties and the warranty of merchantability apply to you despite anything to the contrary in these Terms. Any disclaimer of warranties in these Terms does not derogate from any of your statutory warranty rights as follows: we provide you with a warranty against any fault or hidden defect in the service provided.

 

EU2. GDPR Terms for Customers in Europe

EU2. GDPR Terms for Customers in Europe

These terms complete Wevalgo’s TOU and privacy policy.

EU 2.1 Effective Date and Definitions.

These additional terms will apply where you are a customer of Wevalgo and are operating as a “data controller” (as that term is defined in the GDPR) in your use of the Services.

The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.

EU 2.2 Processing Instruction.

By requesting the Services and agreeing to these Terms and the Wevalgo privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.

EU 2.3 Customer Obligations.

You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Wevalgo so that Wevalgo may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by Wevalgo in the provision of the Services.

EU 2.4 Wevalgo Obligations.

Where Wevalgo is processing personal data on your behalf, it will:

(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Wevalgo privacy policies constitute such documented instructions;

(b) ensure that all Wevalgo personnel involved in the processing of personal data have committed themselves to confidentiality;

(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Wevalgo and is not otherwise available to you through your account and user areas or on Wevalgo websites, provided that you provide Wevalgo with at least thirty (30) days’ written notice of such an information request;

(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;

(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations.

EU 2.5 Wevalgo sub-processors.

Wevalgo may use trusted partners in facilitating certain elements of our Services (“sub-processors”). By agreeing to these Terms, you provide an authorization to Wevalgo to engage onward sub-processors, subject to compliance with the requirements set out here. Said sub-processors are listed in the Privacy Policy. If you wish to receive a more detailed list of sub-processors who handle personal data for Wevalgo please contact us.

EU 2.6 Liability.

Wevalgo will be liable for the acts and omissions of its sub-processors to the same extent Wevalgo would be liable if performing the services of each of those sub-processors directly under these Terms.

EU 2.7 Security Measure.

If Wevalgo becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), Wevalgo will take reasonable steps to notify you without undue delay, but in any event within seventy-two (72) hours of becoming aware of the Security Incident. Wevalgo will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Wevalgo.

France

FR1. Overdue Payments.

Overdue payments may result in a penalty at an interest rate equal to three (3) times the legal interest rate or the statutory minimum rate, whichever is higher. Additionally, the statutory penalty for collection costs of forty (40) euros may be payable by you in the event of late payment.

FR2. Media.

The limited license you grant to Wevalgo under Section 4.3 (Limited License to Your Content) allows Wevalgo to exploit your Content in any form and on any medium, including paper or digital media such as hard disks and flash drives, and by any means or process, including by wired, wireless, or online transmission of digitized or analog data. The duration of such limited license extends only for the legal term of protection of the intellectual property rights attached to your Content.

FR3. Limitation.

Section 11.3 (Limitation of Liability) does not apply to you if you are a consumer.