Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible for everyone. WCM Software offers a wide range of services and features, and part of the terms below may not be relevant to the specific services you use.
1.1. Our Purpose
Our services offer our customers the ability to easily manage, test and promote their websites, projects, warehouses, online stores and other web applications through the WCM Platform. As detailed below, we offer our customers our Online Platform that is collectively referred to herein as (“WCM Platform” , “Customer Platform” or “Customer Account”).
1.2. Legal Agreement
The WCM Terms constitute a binding and enforceable legal contract between WCM Software (“WCM”, “us” or “we”) and you in relation to the use of any WCM Services - so please read them carefully.
In order to access the WCM Services, you must first contact us and describe your needs or ideas.
Depending on your requirements, we will provide you, personal online platform (“Customer Account”) and custom Control Panel (“Customer Control Panel”).
Customer Control Panel is a web-based interface provided by WCM services that allows our customers to manage their websites, projects, warehouses, online stores and other web applications.
Any content uploaded or provided by you, or imported, copied or uploaded by WCM Services for you, to your Customer Account are collectively referred to herein as (“Customer Content”).
1. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
2. You understand that WCM does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your Customer Content:
3. Any content uploaded or provided by you, or imported, copied or uploaded by WCM Services for you, to your Customer Account are collectively referred to herein as (“Customer Content”).
4. You confirm you own all rights in and to any Customer Content uploaded or provided by you, or imported, copied or uploaded by WCM Services for you, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consent and authority, in and to the Customer Content, as necessary to legally access, import, copy, use, publish, transfer or license such Customer Content, by you and us;
5. The Customer Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your Customer Account’s visitors and users (“End Users”) reside, or for WCM and/or your End Users to access, import, copy, upload, use or possess in connection with the WCM Services;
6. You have obtained all consent and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Customer Content, and you will adhere to all laws applicable thereto.
1. Fully comply with all applicable laws and any other contractual terms which govern your use of the WCM Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. Be solely responsible and liable with respect to any of the uses of the WCM Services which occur under your Customer Account(s), and for any of your Customer Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such Customer Content on or with respect to the WCM Services);
3. WCM shall have the right to offer the WCM Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the WCM Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
1. Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, translate, compile, decompile or disassemble the WCM Website, the WCM Services (or any part thereof), any Content offered by WCM or Third Party Services for use and display within Customer Accounts (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without WCM’s prior written and specific consent and/or as expressly permitted under the WCM Terms;
2. Submit, transmit or display any Customer Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of WCM or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law;
5. Upload, insert, collect or otherwise make available within the WCM Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. Publish and/or make any use of the WCM Services or Licensed Content on any website, media, network or system other than those provided by WCM, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the WCM Services, Licensed Content and/or Customer Account (or any part thereof), except as expressly permitted by WCM, in advance and in writing;
7. Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the WCM Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the WCM Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the WCM Services;
8. Act in a manner which might be perceived as damaging to WCM’s reputation and goodwill or which may bring WCM into disrepute or harm;
9. Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WCM or WCM Marks and/or variations and misspellings thereof;
10. Impersonate any person or entity or provide false information on the WCM Services and/or Customer Account, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to WCM and/or any End Users;
11. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that WCM or any third party endorses you, your Customer Account, your business, your Customer Products, or any statement you make;
12. Reverse look-up, trace, or seek to trace another Customer of WCM Services, or otherwise interfere with or violate any other Customer’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or customers of the WCM Services and/or Customer Account without their express and informed consent;
13. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the WCM Services, Customer Account, the account of another Customers(s), or any other systems or networks connected to the WCM Services, by hacking, password mining, or other illegitimate or prohibited means;
14. Probe, scan, or test the vulnerability of the WCM Services or any network connected to the WCM Services;
15. Upload to the WCM Services and/or Customer Account or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bugs, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the WCM Services or WCM’s systems or networks connected to the WCM Services, or otherwise interfere with or disrupt the operation of any of the WCM Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. Use any of the WCM Services and/or Customer Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
18. Access to WCM Services, Customer Accounts, Licensed Content and/or Customer Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
19. Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or WCM Services, except as expressly permitted by the WCM Terms;
20. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the WCM Services and/or Licensed Content;
21. Violate, attempt to violate, or otherwise fail to comply with any of the WCM Terms or any laws or requirements applicable to your use of the WCM Services.
22. Access or use the Services in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Customer Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
As between WCM and you, you shall own all intellectual property pertaining to your Customer Content and to any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. WCM does not claim ownership rights in your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your Customer Content to our platform, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the WCM Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the WCM Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by WCM.
Subject to your full compliance with the WCM Terms and timely payment of all applicable Fees, WCM hereby grants you, upon creating your Customer Account and for as long as WCM wishes to provide you with the WCM Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the WCM Services and Licensed Content, for the purpose of generating and displaying your Customer Platform to End Users and offering your Products (as defined below) therein, solely as expressly permitted under the WCM Terms, and solely within the WCM Services.
The WCM Terms do not convey any right or interest in or to WCM’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the WCM Terms constitutes an assignment or waiver of WCM’s Intellectual Property rights under any law.
Certain parts of the WCM Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the WCM Services, WCM and such Third Party Services may collect, access and use certain data pertaining to Customers and End Users, including the activities or navigation undertaken by Customers and End Users through the WCM Services and/or Customer Platforms. We encourage you to read our and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
The use of certain WCM Services may be subject to the payment of particular fees, as determined by WCM in its sole discretion (“Paid Services” and “Fee(s)”, respectively). WCM will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
WCM reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions.
All Fees shall be deemed to be in Euro, except as specifically stated otherwise in writing by WCM.
You may discontinue to use and request to cancel your Customer Account and/or any WCM Services at any time.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment.
Failure to comply with any of the WCM Terms and/or to pay any due Fee shall entitle WCM to suspend (until full payment is made) or cancel your Customer Account and Customer Platform (or certain features thereof), as well as the provision of any related WCM Services (e.g., Paid Services) or Third Party Services to you.
If your Customer Account or any WCM Services or Third Party Services related to your Customer Account are cancelled (whether at your request or at WCM’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Customer Account, including any Customer Content, End User data or other usage data retained therein that was included in such Services (“Capacity Loss”). WCM shall not be liable in any way for such Capacity Loss, or for saving a backup of your Customer Account, Customer Content or End User data. Please also note that additional Fees may apply to re-activation of a Customer Account and/or any WCM Services following their cancellation, as determined by WCM in its sole discretion.
The WCM Services also include certain features which enable you to sell goods, content, media and services through your Customer Platform (“Customer Products”, and collectively – “E-Commerce”).
You are solely responsible for your Customer Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your Customer Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyers of your Customer Products. When someone purchases your Customer Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the Customer Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
2. You shall be responsible for and bear all costs of procuring and delivering your Customer Products, and for providing them in a safe and professional manner, consistent with industry standards;
3. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the Customer Products, and shall provide true contact information on your Customer Platform for any questions, complaints or claims;
4. You may not offer or sell any Customer Products, or provide any information, Content or material regarding Customer Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
5. WCM may, at any time and at its sole discretion, suspend, disable access to or remove your Customer Platform and/or any Customer Products - whether or not incorporated, published with or made a part of your Customer Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
The WCM Services enable you to engage and procure certain third party services, products and tools for enhancing your Customer Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your Customer Website, third party Licensed Content, Payment Service Providers, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain WCM Services, offered separately by WCM or otherwise offered anywhere on the WCM Services), WCM merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. WCM will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to WCM and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, WCM may, at any time and at its sole discretion, suspend, disable access to or remove from your Customer Account, Customer Platform(s) and/or the WCM Services, any Third Party Services – whether or not incorporated with or made part of your Customer Account and/or Customer Platform(s) at such time – without any liability to you or to any End Users.
We provide the WCM Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the WCM Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the WCM Services – so please be sure to verify those before using or otherwise engaging them.
WCM may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Customer Platform and/or Customer Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may WCM be considered as a “publisher” of any Customer Content, does not in any way endorse any Customer Content, and assumes no liability for any Customer Content uploaded, posted, published and/or made available by any Customer or any other party on and/or through the WCM Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Customer Content. Furthermore, WCM shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Customer Content you or any other party may encounter.
You acknowledge that there are risks in using the WCM Services and/or connecting and/or dealing with any Third Party Services through or in connection with WCM Services, and that WCM cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Please note that certain WCM Services are currently offered in their TEST version, and undergoing BETA testing. You understand and agree that certain WCM Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the WCM Services at this BETA stage signifies your agreement to participate in such WCM Services’ BETA testing.
To the fullest extent permitted by law in each applicable jurisdiction, WCM, its officers, directors and employees shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the WCM Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the WCM Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the WCM Services; (6) events beyond the reasonable control of WCM, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of WCM Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for WCM’s services to you, and such limitations will apply even if WCM has been advised of the possibility of such liabilities.
WCM reserves the right to change, suspend or terminate any of the WCM Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the WCM Services (including removal of any materials created by you in connection with the WCM Services) for any reason and/or change any of the WCM Terms with or without prior notice - at any time and in any manner.
You agree that WCM will not be liable to you or to any third party for any modification, suspension or discontinuance of those WCM Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current WCM Services without enabling such changes, or provide you with alternative Services.
The WCM Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the WCM Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the WCM Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Netherlands, without respect to its conflict of laws principles.
Subject to any applicable law, all disputes between you and WCM shall only be resolved on an individual basis and you shall not have the right to bring any claim against WCM as a plaintiff , consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the WCM Services, including by a banner or pop-up within the Customer Control Panel or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. WCM’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The WCM Terms, and your use of the WCM Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between WCM and you.
WCM may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the WCM Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of WCM. Any attempted or actual assignment thereof without WCM’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.6 shall not in itself grant either WCM or you the right to cancel any WCM Services or Third Party Services then in effect.
If any provision of the WCM Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the WCM Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
To get in touch with our Customer Service - please send an email message to: