Terms of Service

WISEPIM Terms of Service

Last updated: November 2024

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of WISEPIM's product information management platform and services ("Service"). WISEPIM B.V. is registered in the Netherlands under Chamber of Commerce (KvK) number 95374698, with its principal place of business in Amsterdam.

By using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Service Usage

Account Requirements

To use WISEPIM, you must:

  • Be at least 18 years of age
  • Register for an account with valid and accurate information
  • Be authorized to act on behalf of your organization
  • Maintain the security of your account credentials

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:

  • Maintaining accurate and up-to-date account information
  • Ensuring all users under your account comply with these Terms
  • All activity that occurs under your account
  • Reporting any unauthorized use or security breaches

Prohibited Uses

You may not:

  • Use the Service to store or transmit malicious code
  • Attempt to gain unauthorized access to the Service or related systems
  • Use the Service to infringe on intellectual property rights
  • Reverse engineer or decompile the Service
  • Conduct security scans or penetration tests without prior written permission
  • Exceed API rate limits or abuse system resources
  • Use the Service for any illegal or unauthorized purpose

Subscription & Payments

Subscription Terms

WISEPIM services are provided on a subscription basis. Your subscription will automatically renew according to your chosen billing cycle unless cancelled in accordance with these Terms.

Payment Terms

  • All fees are exclusive of applicable taxes unless stated otherwise
  • Payments are due in advance according to your billing cycle
  • Failed payments may result in service suspension
  • Price changes will be notified at least 30 days in advance

Cancellation & Refunds

  • You may cancel your subscription at any time
  • 30-day notice is required for subscription cancellation
  • No refunds for partial months of service
  • Annual subscriptions may be eligible for pro-rated refunds

Intellectual Property Rights

WISEPIM Platform

The Service, including its original content, features, functionality, and source code, is and will remain the exclusive property of WISEPIM B.V. and its licensors. The Service is protected by copyright, trademark, and other laws of the Netherlands and foreign countries.

Your Data

You retain all rights to your product data and content uploaded to WISEPIM. By using our Service, you grant WISEPIM a worldwide, non-exclusive license to host, store, transfer, and display your content solely for the purpose of providing you the Service.

Trademark Usage

  • Our name, logo, and branding may not be used without written permission
  • Partners may use our branding according to our brand guidelines
  • Misuse of our trademarks may result in legal action

Data Protection & Security

Security Measures

We implement appropriate technical and organizational measures to maintain the security of your data, including:

  • Encryption of data in transit and at rest
  • Regular security assessments and penetration testing
  • Access controls and authentication mechanisms
  • Regular security training for our personnel

Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws, including GDPR. We act as a data processor for any personal data you upload to our platform.

  • Data is processed only on your documented instructions
  • We maintain records of all processing activities
  • Sub-processors are only engaged with your consent
  • Data is stored in EU-based data centers

Your Responsibilities

  • Ensuring you have the right to upload and process data
  • Maintaining appropriate security measures on your end
  • Reporting any security incidents promptly
  • Complying with data protection laws in your jurisdiction

Service Level Agreement

Service Availability

WISEPIM strives to maintain a 99.9% uptime, excluding scheduled maintenance. We will:

  • Provide advance notice of scheduled maintenance
  • Conduct maintenance during off-peak hours when possible
  • Maintain a status page for service updates

Support Response Times

  • Critical issues: Response within 1 hour, 24/7
  • High priority issues: Response within 4 business hours
  • Normal priority issues: Response within 1 business day
  • Low priority issues: Response within 2 business days

Service Credits

If we fail to meet our SLA commitments, you may be eligible for service credits according to our SLA policy.

API & Integration Terms

API Usage

Our API is subject to rate limits and fair usage policies:

  • Rate limits vary by subscription tier
  • Authentication is required for all API requests
  • API keys must be kept secure
  • Monitoring and logging of API usage

Integration Requirements

  • Follow our API documentation and best practices
  • Implement proper error handling
  • Maintain compatibility with API versions
  • Report integration issues promptly

Liability & Warranties

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. WISEPIM specifically disclaims:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Any representations about the accuracy or completeness of the Service
  • Guarantees about uninterrupted or error-free operation
  • Warranties regarding third-party services or integrations

Limitation of Liability

To the maximum extent permitted by law, WISEPIM shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Any damages exceeding the amounts paid by you in the 12 months preceding the claim

Force Majeure

WISEPIM shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters or acts of God
  • Government actions or regulations
  • Network or power failures
  • Acts of terrorism or cyber attacks

Termination

Termination Rights

Either party may terminate this agreement:

  • For convenience, with 30 days written notice
  • Immediately for material breach of these Terms
  • If the other party becomes insolvent or bankrupt

Effects of Termination

  • Access to the Service will be suspended
  • You must pay all outstanding fees
  • You may export your data within 30 days of termination
  • We will delete your data after 90 days unless legally required to retain it

Survival

The following provisions survive termination:

  • Intellectual property rights
  • Payment obligations
  • Confidentiality obligations
  • Liability provisions

Changes to Service

Service Modifications

WISEPIM reserves the right to modify, suspend, or discontinue any part of the Service with notice:

  • 30 days notice for material changes
  • Immediate notice for security-related changes
  • 90 days notice for feature deprecation

Terms Updates

We may update these Terms from time to time. We will notify you of any material changes by:

  • Posting the updated Terms on our website
  • Sending an email to your registered email address
  • Displaying a notice within the Service

Governing Law

These Terms are governed by the laws of the Netherlands. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands.

Dispute Resolution

  • Parties will attempt to resolve disputes amicably
  • Mediation may be used before litigation
  • Legal proceedings will be conducted in English
  • The prevailing party may recover reasonable legal fees

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Us

For questions about these Terms, please contact:

WISEPIM B.V.

KvK: 95374698

Amsterdam, The Netherlands

[email protected]

These Terms of Service were last updated on November 3, 2024. Previous versions can be requested via email.