Read carefully the following Terms of Service (also referred to as the “Agreement”). The Terms of Service constitute a binding Agreement between you (“The User”) and us (“Weemss Ltd”/“we”) that governs the use of the offered Software Service (“The Software”, “The Service”) and its subdomains. By using The Service provided by Weemss, you signify your consent to be bound by this Agreement.
Weemss is a SaaS (Software-as-a-Service) owned, operated and maintained by Weemss Ltd.
Company registration number: 202 592 905
Trademark registration number: 012 865 291
Address: Geo Milev Str. 20, Sofia 1111, Bulgaria
We may revise and update the Terms of Service at any time. It is The User’s responsibility to ensure they are familiar with the updated version of the Agreement. The most recent version of the Agreement can be accessed and reviewed here.
Date: 5 July 2019
– removed texts dealing with the Awards Management service as it is not part of the The Service anymore.
1.1 Except to the extent expressly provided otherwise in this Agreement:
1.1.1 “Agreement” means this entire agreement including its amendments and updates;
1.1.2 “The Service” is the Software-as-a-Service (SaaS) offered by Weemss Ltd, also referred to as “The Software”. This includes the Weemss mobile app (available on Google Play Store and the Apple App Store), technical support and documentation, both current and future features and tools that help you create and manage your events or competitions online, as well as the system and server software used to provide The Service and the hardware on which they are installed;
1.1.3 “Account” means a registered account that enables you to access and use The Service;
1.1.4 “The User” / ”A User”, also referred to as “you”, means the person who has registered an Account with The Service. If The User is creating an account on behalf of their employer, that employer shall be the owner of the Account and shall also be bound by this Agreement.
1.1.5 “Service Fee” means the amount accumulated by The User and owed to Weemss Ltd for using The Service. Information about the Weemss pricing policy is publicly available at http://weemss.com/pricing/;
1.1.6 “Customer” refers to a person who uses The Service to purchase goods or services provided by you – The User;
1.1.7 “Customer Data” means all data supplied by the Customer as part of their purchase of goods and services provided by you – The User;
1.1.8 “Personal Data” shall have the meaning ascribed to it in Applicable Data Protection Laws;
1.1.9 “Organization Owner” means The User who creates an organization in Weemss. The User can create an organization on behalf of their employer;
1.1.10 “Third Party” means any other party that is neither The User nor Weemss;
1.1.11 “The Trademarks” refers to the Weemss Trademarks collectively with Third Party Trademarks used in connection with The Service;
1.1.12 “Content” / “Materials” refers to all content created, uploaded, added, submitted, or posted to the Service, including, but not limited to text, video and audio materials, written posts and comments, photographs, images, graphics, URLs, etc. which are made accessible on or through the Service;
1.1.13 “Relevant Event” refers to any type of event or competition where any of the Weemss services were used to provide or distribute goods and services by The User;
1.1.14 “Fault” refers to any failure in providing The Service.
2. Use of The Service
2.1 The Service is designed as an Event Management Software. Upon registering, you may store information and documentation on your account which is hosted by us.
2.2 All information submitted by you and to you in relation to the latter matter belongs to you and is hereinafter referred to as “Your Data”. Your Data includes any personal or other information a registrant of any of your events submits to you via The Service.
2.3 Weemss collects Personal Data about The User upon registration. Personal Data is only processed for the purpose of The Service and not disclosed to any Third Party.. Exclusions may apply – for example, where we are required to disclose information by Law Enforcement Authorities. By agreeing to use our Service, you agree to have your Personal Data collected and processed by us and you consent to provide accurate and truthful information.
2.5 Personal Data is safely stored on our server and protected by SSL encryption. Weemss will never sell Personal Data or use it for any other purposes, except as stated in this Agreement.
2.6 Weemss will not tolerate use of The Service for the distribution of fraudulent, misleading, illegal or otherwise offensive or abusive Materials of any kind. At the time of entering this Agreement, you consent to observe the proper use and reputation of The Service.
2.7 Weemss Ltd solely decides what activity is deemed offensive and what activity, as organized by the User, may cause damage to the reputation of The Service. Accounts found in violation of this Agreement may be suspended indefinitely.
2.8 Users below the age of 18 must obtain a parent’s or guardian’s consent in order to proceed with the registration process. It is advised that minors are informed by parents or guardians for their safety online.
3. Access to The Service. Cancellation and Suspension of a User’s account
3.1 Access to The Service is available at https://app.weemss.com. You must submit a valid and accurate email address and a password, which in combination will allow access to The Service.
3.2 If The User is creating an account in Weemss on behalf of their employer, then The User represents and warrants that they have the authority to bind their employer to this Agreement.
3.3 The User may not sell or trade an account to another person.
3.4 It is the User’s responsibility to observe the confidentiality of their personal login information and not to disclose it to any Third Parties.
3.4.1 Weemss will not hold any liability for any damages or loss caused by The User’s disclosure of personal login details to Third Parties, or where personal login information has been obtained by Third Parties by any means and used for any purposes.
3.4.2 You are liable for the actions of any Third Party that accessed and/or uses the Service from your account. In such cases, the use of your user name and/or password is evidence that your account was used to access the Service.
3.4.3 Any false or misleading information provided may lead to the termination of your account. The use of a pseudonym or alias is not allowed.
3.5 In case of terminated or suspended account, The User will not be allowed to open an alternative account.
3.6 Either party may terminate this Agreement. The User may terminate the Agreement by requesting the cancellation of their Account according to section 3.6.2.
3.6.1 The User can cancel their Account only if their Service Fee is fully paid.
3.6.2 The User can cancel their Account by contacting the Weemss team at email@example.com to request the cancellation of their Account. Cancellation shall be processed within 30 work days and all data associated with the cancelled Account shall be stored for 12 months after the cancellation at which point it shall be deleted.
3.7 Weemss reserves the right to terminate The User’s account in response to The User’s actions with regards to using The Service. Weemss shall not be held responsible or be liable to you or any Third Party in case of termination of The User’s account.
3.8 Weemss may suspend indefinitely The User’s account where due payments have not been made within the appointed deadlines and policies practiced by us.
3.9 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of this Agreement continue after termination of The User’s account.
3.10 We reserve the right to refuse service, terminate accounts, remove Materials or edit Content, if we have determined, in our discretion, that these violate the Terms of Service outlined in this Agreement.
4. Fees and charges
4.1 The Weemss fee is based on a percentage of every sale made through The Service, where the percentage depends on the type of services you are using. Detailed information about the Weemss service fees can be found at http://weemss.com/pricing.
4.1.1 Weemss has a set minimum and maximum service fee for using The Service.
4.1.2 The Organization Owner accumulates a Service Fee for every free or paid order in that organization, based on the price of the goods and services they provide through The Service.
4.1.3 It is The User’s responsibility to determine and set the price of the goods and services they distribute through The Service for the Relevant Event.
4.1.4 The Service Fee is automatically calculated in euros even where The User sets up other currencies for the Relevant Event.
4.1.5 The fee owed to Weemss is calculated at the time the Customer makes an order, based on the price of the goods and services the Customer has ordered. Any consequent changes to the price of that order will not have any effect on the fee owed to Weemss.
4.1.6 If an order is cancelled or deleted by The User prior to the end date and time of the Relevant Event, the fee owed to Weemss for that order shall be refunded in the form of Account credit in Weemss.
4.1.7 If an order is cancelled or deleted by The User after the end date and time of the Relevant Event, the fee owed to Weemss shall not be refunded, as the order shall be considered serviced.
4.2 Prices for using The Service are subject to change at any point in time. These changes can be posted directly onto the Weemss official website or announced exclusively by Weemss.
4.3 Weemss reserves the right to amend its pricing policy and update, or discontinue The Service as a whole or any part thereof without prior notice. Weemss cannot be liable if such changes to the Service occur.
4.4 The User is required to enter their payment details (credit card or paypal) on the first billing cycle, they are subsequently billed automatically, if there is a Service Fee accumulated since the previous billing cycle.
4.5 Weemss reserves the right to suspend temporarily or permanently Accounts that:
4.5.1 have failed to make their Service Fee payments, such cases may, without limitations, include rejected credit or debit cards; and
4.5.2 have performed actions in an attempt to evade the accumulation of Service Fee for using The Service.
4.6 It is The User’s sole responsibility to follow through on any and all payments from their event sales with The Service.
4.7 VAT is charged for:
4.7.1 companies located in Bulgaria;
4.7.2 companies located in the EU without a valid VAT number;
4.7.3 natural persons in Bulgaria; and
4.7.4 natural persons in the EU (charged according to the EU country’s own VAT).
4.8 VAT is not charged for:
4.8.1 Companies located outside the EU.
4.8.2 Companies located in the EU with a valid VAT number.
4.8.3 Natural persons outside the EU.
4.9 Weemss does not issue refunds.
5. The User’s rights and obligations
5.1 Upon entering this Agreement, The User is granted non-transferable non-exclusive rights to use The Service. Rights not expressly stated in this Agreement are reserved by Weemss.
5.2 It is The User’s obligation to inform the Customer that their Customer Data is stored and processed by Weemss as part of The Service.
5.3 The Service must only be used for lawful purposes and must not be used in any way that constitutes an illegal action or promotes illegal actions, violence or intolerance.
5.3.1 The User’s right of use of The Service may be terminated according to the provisions outlined in Section 3 and Section 6, and in any case where Weemss Ltd regards termination of an account as an appropriate corresponsive action.
5.3.2 It is The User’s obligation to ensure that any uploaded Content, including but not limited to photographs, text, illustrations, audio and video materials, does not violate any copyright laws.
5.3 The User must not duplicate, license, sublicense, distribute or otherwise commercially exploit the Weemss trademark, The Service, or any part of this website and its alliances without our express written permission.
5.4 The User must not attempt to reverse engineer this website and The Service offered by Weemss Ltd. The Service must not be exploited with malice, or the intention of building a competitive product, or dishonest exploitation or copying of ideas and functions offered by the Software or Services.
5.4.1 By accepting the provisions of this Agreement, you agree not to attempt to gain unauthorised access to parts of The Software, including but not limited to networks on which The Software is stored and any related systems.
5.4.2 By no means does this Agreement grant permission or any license which allows you to change, modify, access or use the source code of the software used for the Service.
5.5 You must not use The Service to store any kind of unlawful Materials that may harm in any way The User, Weemss, or any Third Parties.
5.5.1 The Service shall not be used for the distribution of unsolicited Materials, including, but not limited to, SPAM Materials.
5.5.2 The User shall not use the Service to store, distribute, or otherwise engage with Materials and/or data containing viruses, worms, Trojan horse, or any other kind of materials that may damage or impair The Service, the Weemss websites, or any other Third Party.
5.6 You must not harm Weemss’ reputation with your use of The Service.
5.7 Any Faults or suspected Faults must be reported at firstname.lastname@example.org and must include information about the type of Fault and The User’s contact information.
5.8 If The User has reason to suspect any violations of rights under this Agreement, you must contact the Weemss team at email@example.com and inform us of your concerns, providing factual and relevant information.
6. Weemss’ rights and obligations
6.1 Weemss is 100% dedicated to offering an innovative, reliable service to The User, however, we reserve the right to make adjustments to the content or scope of The Service and to withdraw our Service at any time and without prior notice.
6.2 Weemss reserves the right at times to restrict access to The Service or parts of it, in order to carry out adaptive, corrective or preventive maintenance. Weemss may continue to provide the Service using a new or modified version of The Software.
6.3 Weemss carries no obligation to maintain, change or add features or functionalities of The Service at the request of or for the benefit of The User.
6.4 Weemss reserves the right to refuse access to The Service to anyone for any reason at any time.
6.5 Weemss reserves the right to offer The Service to your competitors without restriction and makes no promise of exclusivity in any particular market segment. In this regard, other Customers/Users may compete with you, although they may at no point use any of your confidential information.
6.6 Weemss holds no responsibility for the legality or safety of goods and services distributed through The Service, nor can we guarantee their quality.
6.7 Weemss will not be obliged to have backup facilities or to carry out data conversion.
6.8 We are committed to providing our customers with a reliable and regularly updated service, thus, access to The Service and/or Services might be limited at times due to updates, changes to the Service or other system upgrades. As a result, information posted on weemss.com about The Service might at times be outdated.
6.9 Weemss reserves the right to suspend or discontinue its interactive services, such as its blog and chat services, and is not liable for any resulting losses and/or damages.
6.10 Weemss will under no circumstances be obliged to provide The User with a physical data carrier containing The Software.
6.11 Weemss will not be responsible for checking the accuracy and completeness of the results and data generated through The Service. It is The User’s responsibility to check the the accuracy and completeness of results and data generated through the use of The Service.
6.12 We follow strict policies as to the security features of our Service. All personally identifiable information submitted upon registration by The User is stored safely and securely.
6.13 Weemss will not disclose your Personal Data to a Third Party, unless one of the following exceptions applies:
6.14.1 where Weemss Ltd is required by law and Law Enforcement Authorities;
6.14.2 where Weemss Ltd has reasonable grounds to believe an actual or potential fraud has occurred or may occur, we may disclose a user’s personal information in order to protect our company from any such fraud or unauthorized transactions;
6.14.3 where Weemss shares certain information with customer messaging platform Intercom, as part of our customer support efforts for The Service.
6.15 Weemss reserves the right to determine, in our sole judgment, the rightful Account ownership, and if deemed necessary, transfer an Account to the rightful owner.
6.15.1 In case of a dispute regarding Account ownership, Weemss may request documentation in order to determine or authenticate the Account ownership. Such documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card kept on file, etc.
6.15.2 Weemss reserves the right to suspend indefinitely an Account until the dispute between parties regarding the rightful Account owner has been settled or resolved.
6.16 Weemss will not sell, share, or rent personally identifiable information to a Third Party, unless where exceptions apply as stated above. However, we do reserve the right to use, process and sell to a Third Party statistical information and grouped data that excludes personally identifiable information.
6.17 All Fault reports will be investigated thoroughly and prompt responses will be issued to concerned parties.
6.18 Abuse of any kind, including verbal or written threats of abuse or retribution, to which any Weemss User, Customer or employee may be subject to, will result in immediate Account termination.
7. Uploading Content and Intellectual Property Rights
7.1 You are responsible for all Content publicly or privately transmitted through The Service.
7.1.1 We do not claim any intellectual property rights over Content you upload through The Service.
7.2 Weemss will not sell, share, or rent any Content provided by you to us which is not publicly known or available. This does not include information that:
7.2.1 was in the public domain at the time we received it;
7.2.2 comes into the public domain after we received it through no fault of Weemss Ltd;
7.2.3 we received from someone other than you without breach of our or their confidentiality obligations; or
7.2.4 we are required by law to disclose.
7.3 Weemss does not monitor the Content uploaded by The User. The User agrees to abstain from uploading and distributing fraudulent, misleading, abusive, offensive, sexually explicit, or otherwise harmful or illegal Content. It is your responsibility to observe for copyright issues. You hereby agree that Content uploaded by you is consistent with applicable law and regulations, and you agree to indemnify us for any breach of relevant laws and regulations.
7.4 By uploading or linking Content using The Service, you agree:
7.4.1 to allow other internet users to view the Content you post publicly;
7.4.2 to allow Weemss to store, and in the case of publicly stored Content, display your Content; and
7.4.3 that Weemss can, at our discretion, at any time, review the Content submitted to The Service.
7.5 The Service contains Content specifically provided by us or other Content providers. This Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights and laws.
7.5.1 You hereby acknowledge to accept and maintain all copyright notices and restrictions which apply to any Content accessed through or contained in The Service.
7.5.2 This Agreement grants The User a worldwide, non-exclusive, non-sub-licensable, and non-transferable right to use, store and display Content as part of using The Service.
7.6 Content on the Weemss websites is owned by Weemss. It cannot be reproduced without our express written permission.
7.6.1 Illustrations, photographs, video and audio materials, and graphics must not be separated from their accompanying text and our ownership must be acknowledged at all times.
7.6.2 If you copy and/or distribute our property without express written permission, legal actions will be undertaken.
7.8 By submitting Content through The Service, The User grants us a worldwide, royalty-free and non-exclusive right to use, modify, transmit, distribute, show, and stream The User’s Content as part of The Service, including, without limitation, through Third Party websites, email, APIs and other media channels and formats.
7.9 Weemss has the right to remove without warning Content that is in violation of copyright laws or illegal should an issue arise. Please note, Weemss may be required by law to disclose The User’s identity in cases of copyright infringement claims.
7.10 When you delete Content from your Account, you acknowledge that some of that Content may
7.10.1 remain available and be used in accordance with these Terms; and
7.10.2 removed Content may persist in backup copies for up to a year after deletion.
7.11 By entering this Agreement The User accepts to receive occasional information about Weemss and our products, product features, updates and other relevant information via email. You may opt out of receiving newsletters at any time.
8.1 Weemss, the Weemss logo and all brand assets are a registered trademark of Weemss Ltd; other company, product, and service names used in connection with the Service may be trademarks owned by third parties (Third Party Trademarks collectively with Weemss Trademarks, The Trademarks).
8.1.1 Any use of the Weemss brand and logo, without the prior written consent of Weemss Ltd, is strictly forbidden.
8.1.2 The Trademarks may in no way be used to damage the goodwill in The Trademarks or damage the reputation of Weemss, Weemss Ltd, The Service, or any Third Party involved with The Service.
8.1.3 Including or using any of the Weemss Trademarks as part of a link to or from any site is forbidden without the explicit permission by Weemss Ltd approving each and every link with a prior written consent. Goodwill generated from the use of any Weemss Trademark shall inure to Weemss’ benefit.
9. Limitation of liability and Disclaimer of warranties
9.1 The contents of the Weemss websites and The Service are provided without any guarantees, conditions and warranties as to its contents and accuracy.
9.2 Weemss shall not, in any event, be liable to The User or any Third Party for any incidental, special, indirect, consequential, punitive or exemplary damages, including but not limited to lost profits, expenses, costs, loss of business opportunity, and loss of data arising of or related to any of Weemss’ services and products, or The User’s use or inability to use The Service provided, or from any errors, even where Weemss has been informed about such possible damage.
9.3 By consenting to use this website and The Service provided, you expressly agree that the use of The Service is at your sole risk. The Service is provided as-is. Weemss makes no warranty that The Service will be uninterrupted, secure, timely, or virus free.
9.3.1 It is at The User’s own discretion and risk to download materials from this website or The Service. Weemss shall not be liable for any damages to your computer or other devices resulting from downloads or the use of The Service.
9.4 You will be liable for the Content created, managed and made accessible on Weemss by you in the course of use of the Service. Weemss will not be liable in respect of the Content created, managed, or made accessible by you and the way it is used.
9.5 You agree that all Content accessed by you using the Service is at your own risk, and you will be solely responsible for any resulting damage or loss to you or any other party.
10.1 The User hereby agrees to indemnify Weemss as well as any Weemss directors, employees, and contractors for any losses, costs, expenses, charges, damages, proceedings, and claims that we may be subjected to as a consequence of your use of the website or the Service, or in case of a breach of this Agreement.
10.2 In cases of Infringement concerning a Third Party, as a result of your actions, it is your obligation to resolve the issue at your own expense. Such measures may include but are not limited to, obtaining a license, express permission, or the removal of any copyrighted Materials from our websites and The Service.
11. Personal Data, Log Files and Cookies
11.1 As part of The Service Weemss acts as a data processor and The User as data controller in relation to certain data processing operations. In these circumstances, please refer to our Data Processing Agreement, incorporated in to these Terms of Service.
11.2 Weemss uses IP addresses to track trends and gather information, including but not limited to demographic data. IP addresses are not related to personally identifiable information.
11.3.1 Cookies do not provide personally identifiable information, they are only used on the Weemss website for the sole purpose of maintaining user preferences.
11.3.2 If The User does not wish to receive cookies, it is The User’s right to set their browser to issue warnings before cookies are accepted and subsequently refuse the cookies upon such warnings or turn them off altogether.
12. Force Majeure
12.1 Neither party to this Agreement shall be liable for failure to perform the party’s obligations where such failure is the result of a Force Majeure event. Such events include, but are not limited to, fire, flood, earthquake, or other natural disasters, war, invasion, rebellion, revolution, civil war, hostility and acts of enemies, terrorism, nationalization, confiscation, government sanction, embargo, blockage, strike, labour dispute, failure of electricity or telephone service, attack of computer viruses and/or hackers, breakdown of electronic and communication systems, and Force Majeure of subcontractors.
12.2 Where a party seeks to claim a Force Majeure event for failure to perform, it must be satisfied that all reasonable steps were taken as to the minimisation of the damages caused by such an event, that non-affected obligations were executed to reasonably expected standards, and that the other party was notified within a reasonable under the circumstances time span of the claimed Force Majeure event.
13.1 If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, this will not affect:
13.1.1 the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
13.1.2 the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
This Agreement is governed by the laws of The Republic of Bulgaria. Any dispute that may arise in relation to this Agreement shall fall under the jurisdiction of The Republic of Bulgaria and shall be resolved within that jurisdiction.
15. Entire Agreement
This is the Agreement between Weemss Ltd and you in its entirety. The Agreement supersedes any prior oral or written agreements and/or negotiations.
Last revision: 5 July 2019
Contact us at: firstname.lastname@example.org