Terms & Conditions

1. Terms

1. In these Terms of Use, capitalized words have the same meanings as in the Agreement of which these Terms of Use are a part.

2. Applicability

1. These Terms of Use apply to any use of our Service.

2. By using our Services in any way, you acknowledge that you have read, understood and irrevocably agree to these Terms of Use.

3. You are required to comply fully with these Terms of Use with each use of our Services.

4. If you do not agree to these Terms of Use in their entirety, you are expressly prohibited from using the Services in any way.

3. Requirements

1. In order to enter into the Agreement, you must meet the following requirements:

1. you are a business user and therefore not a consumer.

2. The person entering into the Agreement on your behalf is authorized to do so on behalf of your organization.

3. You have provided us with information about your organization that is accurate, complete and current;

4. you are not located in the Cuba, Iran, North Korea, Syria, Russia, Crimea, Donetsk ("DNR") and Luhansk ("LNR") regions of Ukraine or any other area subject to a government embargo; and

5. you are not a data supplier.

2. By using the Services in any manner, you represent and warrant that you comply with all of the requirements set forth in paragraph 1.

4. Account(s)

1. You are responsible for providing us with accurate, complete and current information when creating your Account(s) and for ensuring that such information remains accurate, complete and current.

2. You are responsible for keeping your Account(s) confidential.

3. You will immediately notify us in writing of any unauthorized access or use of your Account(s).

4. We are not responsible for any losses resulting from stolen or hacked passwords.

5. We do not have access to your password(s). For security reasons, we can only give you instructions on how to reset them.

6. We have the right to update the contact information in your Account(s) for contact and billing purposes.

7. You represent and warrant that all information you provide to us when creating Accounts and when accessing and using the Services is and will remain accurate, complete and current.

5. Use

1. When using the Services, you are required to comply with all applicable laws, rules, guidelines and regulations regarding the protection, security and exploitation of (personal) data, such as, for example:

1. the General Data Protection Regulation ("AVG");

2. the Telecommunications Act; and

3. the Dutch Advertising Code.

2. It is not allowed to approach Prospects who have explicitly indicated to you that they do not want to be approached by you.

3. Although our Services allow you to manage and access consents and other contact information, you acknowledge and agree that you, and not we, are solely responsible for maintaining all records related thereto.

4. You are solely responsible for determining whether our Services are appropriate for use in light of all laws and regulations applicable to your organization, your industry and your relationship, if any, with Prospects, for example, with respect to consumer protection, privacy, advertising, intellectual property and other laws.

5. If you fail to comply with the first paragraph of this article, we may immediately suspend your access to the Platform and may recover from you all damages we suffer and costs we incur as a result.

6. Abuse

1. You are expressly prohibited from (attempting to) use the Services in the following ways ("Misuse"):

1. disrupt, hack, reverse engineer, decompile or disassemble the Platform;

2. share your Account(s) with, sublicense to, or otherwise make available to others;

3. publish, distribute, share, sell, lease, transfer or otherwise make available to others Prospects;

4. take Prospects outside the Platform to build a database for the (possible) purpose of developing similar Services;

5. use the Platform to collect (personal) data from and/or get in contact with natural persons in any way and for any purpose;

6. use the Services in a way that can be considered stalking, offensive, defamatory, libelous, fraudulent or deceptive, threatening or inciting to harassment or intimidation; and

7. use the Services in violation of applicable laws or in a manner that promotes illegal activity, including but not limited to privacy and data protection and SPAM laws.

2. If you suspect or know that anyone using our Services is violating any of these Terms of Use, please notify us immediately by sending an email to misbruik@whatson.nl.

7. Approaching and Exporting Prospects

1. If you purchase Prospects from your credit, this gives you the non-exclusive and non-transferable right to approach these Prospects once within our Platform ("One-Time Approaches").

2. Within a One-Time Approach, you are permitted to approach a Prospect from one or (to the extent possible and permitted) multiple channels with one specific goal and a personalized message tailored accordingly. If a Prospect does not respond, you are allowed to send Prospects up to 6 reminders in a period of up to 6 weeks.

3. You are not allowed to approach Prospects again after the One-Off Approach with the same or another purpose.

4. You are not permitted to take any information from Prospects outside of our Platform, except if you export Prospects in the manner described in Article 6 of the Agreement.

5. If you approach Prospects (inside or outside our Platform), you are required to comply with all applicable laws and regulations and the provisions of the Agreement and these Terms of Use.

6. If you breach this section, we will impose an immediately payable, non-negotiable fine of €10,000 for each breach, and we will be entitled to recover from you in full any damages we suffer as a result.

8. Uploading Prospects

1. If you upload data of customers, relations or leads to our Platform, for example to enrich or update them, we will store them in our database ("Uploaded Data").

2. We may use Uploaded Data without limitation at our discretion in generating Prospects for other Users.

3. If you wish to have Uploaded Data deleted, please let us know by sending an email to database@whatson.ai.

4. If the Agreement ends at any time and for any reason, we will delete all Uploaded Data.

9. Logs

1. We will keep a digital log of all your actions on our Platform ("Logs").

2. You agree that we create these Logs and that we may share them with others for such purposes as quality control, analysis, or as evidence.

3. The Logs we create are binding evidence that can only be disproved if you provide convincing rebuttal evidence.

10. Campaigns

1. We may review, copy and internally distribute the contents of your Campaign(s) and Account to create algorithms and programs ("Tools") that help us detect problem accounts and improve the Services.

2. For example, we use Tools to find users who violate these Terms of Use or applicable laws and to study data internally to make the Services better to create better experiences for Users and Prospects.

3. We may collect data, including data from the content of your Campaign(s) to create statistical information. We own all such data and may use it in our sole discretion without limitation.

11. Beta Services

1. We may allow you to try parts of our Services that are not (yet) generally available to Users ("Beta Services").

2. We make Beta Services available for evaluation or testing purposes. They may contain bugs or errors and may not be as reliable as other parts of our Services.

3. We may change, (temporarily) discontinue, and decide not to make Beta Services generally available at any time in our sole discretion.

4. Beta Services are part of our Services and thus are subject to these Terms of Use.

12. Changes

1. We have the ability to modify these Terms of Use at any time in our sole discretion.

2. If we make a material change, we will notify you by sending an email in advance to your organization's email address known to us.

3. We do not notify non-material changes by email. These are effective from the 'last updated' date as mentioned at the top of these Terms of Use.

4. Your use of the Services following the implementation of any material or non-material changes constitutes your full and irrevocable acceptance of those changes.

5. If you do not agree to the modified Terms of Use, you are not allowed to use the Services.

13. Privacy

1. Your privacy is important to us. Please read our Privacy Statement on our website for information about how we collect, use and disclose your personal information and the privacy rights that apply.

2. Under privacy and data protection laws, we act as a processor or service provider for much of the personal information we process. There are also instances where we process personal information, including content and other data from your Account, as a processor to provide and develop the Services and for other important business purposes, for example, billing, administration, security and product improvement. We describe this in our Privacy Statement.

14. Fees

1. All fees mentioned in the Agreement and these Terms of Use are in euros and exclusive of 21% VAT ("Fees").

2. We charge for the Services only the Fees listed in the Agreement, unless we have expressly agreed otherwise with you in writing somewhere else.

3. We may change Fees at any time by posting a new pricing structure on our website or in your Account(s) and/or by emailing you a notice to our known email address.

15. Refunds

1. All Fees you have paid to us are non-refundable.

2. Under no circumstances are you entitled to a (partial) refund, discount or credit from us. We may, however, choose to offer this at our discretion.

16. Confidential Information

1. In performing the Agreement, the Parties may share information with each other that the other Party knows or could know is proprietary, confidential or competitively sensitive ("Confidential Information").

2. The receiving Party agrees to:

1. Not to disclose Confidential Information of the other Party to others except to directors, officers, employees, advisors or consultants ("Representatives")on a "need to know" basis and provided that such Representatives are bound by confidentiality obligations;

2. Not to use or reproduce Confidential Information of the other Party for any purpose other than the performance of the Agreement; and

3. To treat Confidential Information of the other Party at least as carefully and keep it confidential as its own Confidential Information.

3. The following information is not Confidential Information:

1. information that is now or subsequently publicly available without the receiving Party's breach of this Article;

2. information that the Receiving Party can demonstrate that it developed itself without violating this Article; and

3. information that the receiving Party can demonstrate that it lawfully obtained possession of before it was shared as Confidential Information.

4. If a Party is required by a legal proceeding or any applicable law, rule or regulation to disclose Confidential Information of the other Party, that Party is required to inform the other Party in writing immediately and in advance of the disclosure.

17. Disclaimer

1. We provide you with the Services without any guarantee as to availability, proper operation and results that can be obtained from them.

2. We collect information about Prospects from various external data sources. Most of the information we have not created ourselves, but we have retrieved it from the Internet or has come from other Users. Therefore, we do not accept any (legal) liability or responsibility for the accuracy or completeness of Prospects.

3. You are entirely responsible and liable for your use of the Platform, the Prospects and the Services.

18. Limitation of Liability

1. We cannot be held liable for delays or failures in any part of the Services, regardless of the cause if it is beyond our control ("Force Majeure"). Force Majeure includes, for example, changes in laws or regulations, embargoes, war, terrorist attacks, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic action, unusually severe weather conditions and acts of hackers, business partners and/or other suppliers.

2. We can never be held liable for loss of profits, loss of use, loss of data, cost of procurement of substitute goods or services or for any direct, indirect or consequential damages, regardless of cause.

3. In the event that we are held liable for anything, our liability can never exceed the amount you paid to us in the 12 months prior to the event giving rise to the claim.

19. Feedback

1. If you share questions, comments, suggestions or ideas with us about Whatson, our Platform, Prospects or the Services ("Feedback"), it is always non-confidential and becomes our property.

2. We will always have the exclusive Intellectual Property of Feedback and the right to use it without limitation, without giving you any recognition or compensation.


Contact us

If you have any questions about these Terms of Use or our Privacy Statement, please contact us at contract@whatson.ai or privacy@whatson.ai or at:

Whatson

Savannahweg 66

3542AW Utrecht

© 2023 Whatson