TERMS OF SERVICE

Wecontrol Business Services OÜ
Last updated: My 15, 2019

Welcome to WeControl, the GDPR compliance ecosystem. These Terms of Service set out the terms and conditions under which You (refers to both, the Client and the User, as defined below) may access and use our website available at https://wecontrol.io and all related subdomains, including, however not limited to, We Control GDPR Compliance Rating available at https://rating.wecontrol.io/, the GDPR Academy available at http://academy.wecontrol.io (collectively, the "Website") and all content, features, services and/or products available on or through the Website (collectively, the “We Control Services”).

The We Control Services are offered to You subject to your acceptance, without modification, unless otherwise stated herein, of all of the terms and conditions contained herein and all other operating rules, policies, additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available on or through the We Control Services (the “Guidelines”) and any future modifications thereof, and procedures that may be published from time to time on the Website or made available to You on or through the We Control Services (collectively, the “Agreement”).

The Agreement is a legally binding agreement between You and Wecontrol Business Services OÜ (together herein referred to as "We Control", "we", "our", "us"). By accessing, browsing, registering for and/or otherwise using the We Control Services, You acknowledge that You have read, understood and agree to be bound by the Agreement. If You do not agree with the Agreement, either partly or fully, do not access, browse, register for and/or otherwise use the We Control Services.

1. DEFINITIONS
2. ACCEPTANCE OF AGREEMENT
3. WE CONTROL SERVICES
4. RIGHT TO USE WE CONTROL SERVICES
5. SUBSCRIPTION AND PAYMENT TERMS
6. ACCOUNT
7. USE OF PERSONAL DATA
8. CLIENT DATA
9. THIRD-PARTY SERVICES
10. NO ATTORNEY-CLIENT RELATIONSHIP, LEGAL SERVICES OR LEGAL ADVICE
11. DISCLAIMER OF WARRANTIES
12. LIMITATION OF LIABILITY
13. INDEMNIFICATION
14. CONFIDENTIAL INFORMATION
15. INTELLECTUAL PROPERTY RIGHTS
16. CHANGES TO THE AGREEMENT AND SERVICES
17. TERM AND TERMINATION
18. GOVERNING LAW
19. DISPUTES
20. MISCELLANEOUS
21. CONTACT US

1. DEFINITIONS

The following definitions shall have the meanings as follows:

Definitions
Account the primary means for accessing and using the We Control Services.
Client A natural or legal person who has accepted this Agreement with We Control.
Client Data All information that the Client and/or Users submit or upload to the We Control Services.
Confidential Information All information disclosed by You to We Control or by We Control to You which is in tangible form and labeled “confidential” (or with a similar legend) or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to, information relating to We Control’s security policies and procedures. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the parties; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Course Materials Learning materials related to the GDPR compliance that are made available on the GDPR Academy.
GDPR Academy We Control’s learning platform that contains Course Materials.
User Employees, representatives, consultants, contractors or agents of the Client who have unique user identifications and passwords and are authorized to use the We Control Services.
Website Collection of various related web-resources, web-pages and multimedia content that are identified with the domain name of wecontrol.io, as well as all related sub-domains and can be accessed by visiting next homepages, including but not limited to https://wecontrol.io, https://rating.wecontrol.io/, http://academy.wecontrol.io.
We Control Wecontrol Business Services OÜ, a legal entity registered under the laws of Estonia with registration number 14536371 and having its registered address at Sepapaja 6, Tallinn 15551, Estonia.

2. ACCEPTANCE OF AGREEMENT

2.1. Conditions for Acceptance. The use of the We Control Services is subject to acceptance of the Agreement. To accept the Agreement You:

  1. as an individual must:
    • a) be at least 18 years old, or of the legal age of majority in the jurisdiction in which he or she resides; and
    • b) have the legal capacity to enter into this Agreement; and
  2. acting on behalf of a legal entity warrant and represent;
    • a) that You have the authority to bind the legal entity to the Agreement; and
    • b) that legal entity on which behalf You are acting is duly incorporated and in good standing.

2.2. Acceptance of Agreement. The Agreement is accepted by You, as soon as one of the following occurs:

  • upon the moment of gaining access to those We Control Services and parts of the Website the use of which is not dependent on creating an Account; or
  • upon the moment of registering the Account on the Website.

3. WE CONTROL SERVICES

3.1. Description of We Control Services. We Control is a GDPR compliance ecosystem that has been created to make the GDPR easy-to-understand and help companies become compliant. A detailed description of the We Control Services can be found at https://wecontrol.io/platform.

3.2. GDPR Academy. We Control provides You with access to certain Course Materials on the GDPR Academy where you can invite Users (i.e. learners) who can take and complete courses related to a variety of GDPR topics. When a User completes a course on our GDPR Academy, the User will receive a certificate of completion. Certificates of completion help to demonstrate User’s accomplishments, however, the User understands and agrees that We Control is not an accredited institution, and as a result, the certificates cannot be used for formal accreditation.

3.3. We Control GDPR Rating. We Control provides the GDPR compliance rating for multiple service providers.

3.4. Partners and Advisors Network. We Control helps You connect with legal advisors and experts who can provide legal assistance on GDPR-related matters.

3.5. Provision of We Control Services. We Control will:

  • make the We Control Services available to a Client pursuant to this Agreement;
  • provide applicable standard support for the We Control Services to You at no additional charge, and/or upgraded support, unless the Agreement states otherwise; and
  • use commercially reasonable efforts to make the We Control Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We Control shall give advance electronic notice); and (ii) any unavailability caused by circumstances beyond We Control’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

3.6. Technical Requirements. Some of the We Control Services may be available to You through a compatible desktop or mobile device, may require Internet access and/or additional software to be installed. You acknowledge and agree that You are solely responsible for these technical requirements.

3.7. Updates to the Services. We Control may in its sole discretion and at any time update or modify the We Control Services, discontinue, temporarily or permanently, providing the We Control Services or any part thereof, including without limitation for technical reasons, security issues, legal requirements, or business reasons, with or without notice to You. We Control may also perform maintenance of the We Control Services from time to time which may result in interruptions, delays or errors in the Services. You acknowledge and agree that any maintenance, modification, suspension or termination of the We Control Services may be effected without prior notice, although We Control will endeavor to provide such notice whenever feasible. You acknowledge and agree that Your continued use of the We Control Services after the date of changes to the We Control Services indicates Your agreement to such changes. If We Control discontinues providing the We Control Services or any part thereof, any Client using the Services on a paid subscription basis will receive an applicable pro-rated refund.

4. RIGHT TO USE WE CONTROL SERVICES

4.1. License Grant. We Control hereby grants You a personal, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the We Control Services during the term of the Agreement in accordance with the terms and conditions of the Agreement. We Control reserves all rights, title and interest, including, however not limited to, all intellectual property rights, in and to the We Control Services and the underlying technology used to provide the We Control Services, including without limitation all software and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof and all research and development and experimental development in respect thereto ("We Control Technology"). Except for rights expressly granted to You under this Agreement, no other rights are granted by implication, estoppel or otherwise. You acknowledge that only We Control shall have the right to maintain, enhance or otherwise modify the We Control Services and We Control Technology unless specific permissions are granted to You in a separate prior written agreement with We Control.

4.2. License Restrictions. You shall use the We Control Services solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, You explicitly agree that You shall not, either directly or indirectly:

  • disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, timeshare, let, rent, give somebody the loan of, or sub-authorize any element of the We Control Services, unless otherwise is explicitly specified in the Agreement;
  • modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on We Control Technology, undertake any benchmark trials using all or any part of the We Control Technology, or in any other way try to procure the human decipherable form of the We Control Technology, except to the extent expressly agreed upon in writing by We Control with You or to the extent the foregoing restrictions are expressly prohibited by applicable laws notwithstanding a contractual provision to the contrary;
  • circumvent any user limits or other use restrictions that are built into the We Control Services;
  • breach, override or otherwise circumvent any authentication or security mechanisms;
  • remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the We Control Services;
  • indulge in any actions with the We Control Services that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of We Control or any related third party;
  • transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through the use of the We Control Services; or
  • use the We Control Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.

5. SUBSCRIPTION AND PAYMENT TERMS

5.1. Subscription Types. In order to have access to the We Control Services, You must sign up for one of our subscription packages. Each subscription package comes with a fixed set of features and functionality. Subject to additional fees, You can add more features to the selected packages (for example, adding more learners on the GDPR Academy). The subscription packages with available features for the We Control Services and payment plans may be viewed, together with offered discounts (if any), at https://www.wecontrol.io/pricing. You acknowledge and agree that We Control reserves the right in our sole discretion with or without prior notice to change the terms and conditions of the free subscription package, and the set of basic features for the We Control Services available therein, at any time.

5.2. Discounts on Subscriptions. We may decide, in our sole discretion, to offer from time to time pricing discounts to You for promoting the We Control Services. We Control reserves the right to modify the conditions for offering discounts or to cancel or cease offering discounts at any time in our sole discretion.

5.3. Outsourced GDPR Services. Certain We Control Services (e.g. Data Protection Representative or DPO services) are subject to a separate agreement and payment terms.

5.4. Cancellations and Refunds. Subscriptions can be canceled within 24 hours from purchase and a full refund will be issued. If no cancellation request has been submitted by You within this time-frame, the subscription becomes non-refundable.

5.5. Taxes. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). The Client will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income, including, however not limited, Value Added Tax (VAT).

5.6. Payment Terms. This Agreement also incorporates by reference and includes the ordering and payment terms provided to the Client on the Website. The following payment terms apply to the We Control Services offered on a paid subscription basis, unless we notify the Client otherwise in writing:

  • Fees will be billed to the Client in euros or the equivalent amount in the Client’s local currency and Client’s payment account will be automatically debited at the time agreed upon by We Control with the Client when subscribing for the We Control Services.
  • We reserve the right to select the method in which to make payments for the We Control Services. We use EveryPay AS as a our payment processing provider to process the Client’s payments for the We Control Services. The Client acknowledges and agrees that the processing of payments by EveryPay AS for the We Control Services provided on a paid subscription basis are subject to separate terms and conditions applicable for the respective payment system provider.
  • We Control may suspend or terminate the Account if we determine or are notified by the respective payment system provider that the Client’s registration information and/or payment information is not accurate, current, or complete and the Client does not promptly correct or update such information. We may also terminate any Account promptly if we determine that the User is using someone else’s information (referred to as "identity theft").
  • Failure to change or update the Client’s payment information (e.g., credit card expiration date) in a timely manner may lead to failed payment attempts which will result in denial of the We Control Services and termination of this Agreement the Client’s right to continue receiving the We Control Services.
  • Unless the We Control Services are suspended or terminated under this Agreement, We Control will automatically renew the Client’s paid subscription to the We Control Services at the then-current rates. The Client can cancel his/her subscription renewal at any time using Account settings.

6. ACCOUNT

6.1. Account Registration. After a Client creates an Account by subscribing to the We Control Services, the Client may authorize Users to access and use the We Control Services. User accounts are administered by the Client, i.e. the Client has the right to create, change and deactivate User accounts at its own discretion and the information about the User. Each User will have a specific role which will determine his ability to access certain parts of the We Control Services. Each such User shall be subject to the restrictions set forth in this Agreement.

6.2. Security. You must provide accurate registration information, including without limitation name and email address. You acknowledge and agree that it is Your sole responsibility to secure the credentials used to access the applicable account within the We Control Services. The Client is solely responsible for all activities and actions carried out by the Client and Users when using the We Control Services. The Client must immediately contact us at support@wecontrol.co in case of suspected unauthorized access to the account of any User.

7. USE OF PERSONAL DATA

7.1. Privacy Policy. In order to provide the We Control Services, We Control will collect and use certain personal data. Our Privacy Policy explains in detail how We Control processes and protects the personal data in our custody or control, and describes the technical and organizational measures implemented in order to maintain the security, confidentiality and integrity of such data.

7.2. Data Processing Agreement. The processing of the personal data shared through the We Control Services by the Client and Users are regulated by the We Control data processing agreement which is offered for execution within the We Control Services.

8. CLIENT DATA

8.1. In General. We Control is not responsible for any materials uploaded, posted or stored through Your use of the We Control Services ("Client Data"). You must ensure that the transfer and processing of Client Data is lawful. We Control encourages You to keep records of their account information and ensure such information is updated to allow us to provide the Client with all required and appropriate warnings, information and disclosures, including, however not limited to, notifications or warnings where an account appears to have been compromised. You represent and warrant that You have the right to make any Client Data provided to us available for the intended purposes and that such use and storage by us of such Client Data will not infringe any third party rights.

8.2. Client Data Ownership. Subject to the terms and conditions of the Agreement, the Client (for itself and all of its Users) grants us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Client Data only as reasonably necessary (a) to provide, maintain and update the We Control Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by the Client.

8.3. Conduct and Content Rules. In using the features of the We Control Services, You agree not to use, nor permit any third party to use, the We Control Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including, however not limited to:

  • uploading, posting, emailing, transmitting or otherwise making available any content:
    • a) that is unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any other person's rights, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local or foreign law;
    • b) that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    • c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • d) which is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of direct solicitation;
    • e) that contains any virus, Trojan horse, worm or any other disruptive or harmful computer code, files, programs, software or data designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
    • f) that could harm minors in any way;
  • impersonating any person or entity or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
  • forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the We Control Services;
  • intentionally or unintentionally violating any applicable local, foreign or international law;

9. THIRD-PARTY SERVICES

9.1. Partners. We Control can provide access to its Clients to the community of experts, technology partners and legal advisors (“Partners”). We Control does not bear any responsibility for the services provided by such Partners. We Control expressly disclaims any representation, warranty or liability relating to the services provided to the Client by our Partners liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss the Client may suffer arising out of such the use of such services, or reliance upon such services. All services offered by our Partners are sold by independent third parties with whom You will have a direct contractual relationship. You acknowledge that Your engagement of our Partners shall be at Your own risk.

9.2. Other Third Party Services. The We Control Services may include links to, or otherwise direct Your attention towards, websites, services, features, or products operated or offered solely by third parties (collectively, "Third Party Services"). Such links and information are offered solely for informational purposes and convenience. The inclusion of any link does not imply an association, support, endorsement, consent, examination, or authentication by We Control of such third party or Third Party Services (including without limitation any content made available within such Third Party Services).

9.3. No Liability for Third Party Services. We Control shall not be liable for the information and content contained in any Third Party Services or for Your use of or incapacity to use such Third Party Services, and We Control expressly disclaims any liability for them. Access to any Third Party Services is at Your own risk, and You must be aware of the fact that Third Party Services are governed by terms of service and privacy policies different from those of We Control. You acknowledge and agree that the third party, and not We Control, is entirely liable for the delivery and performance of the respective Third Party Services.

10. NO ATTORNEY-CLIENT RELATIONSHIP, LEGAL SERVICES OR LEGAL ADVICE.

10.1. No Legal Professional. We Control, including its employees and agents, does not offer any legal advice, recommendations, opinions, representation, referrals, or counseling, neither it is or intended to be, a law firm, attorney or any other form of legal professional in any jurisdiction, whether it requires certification for practicing law or not. Information posted on or through the We Control Services is for informational purposes only and are not and should not be considered a substitute for professional legal advice or services, or a solicitation to provide legal advice or services by We Control.

10.2. No Attorney-Client Relationship. The information on the Website shall not be construed as an offer to represent You, provide legal advice and/or legal services, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship or any other type of relations, unless otherwise stated in the Agreement. Therefore, all communication between You and We Control is not subject to attorney-client confidentiality protection.

10.3. No Advice. The content of the Website has been prepared by We Control for informational purposes only and does not constitute legal or any other type of professional advice. Any information or data contained in or made available through the We Control Services is provided for informational purposes only and cannot substitute for the services of trained professionals.

10.4. Suggestions and Instructions. The Website may include suggestions or instructions for drafting the documents on the Website related to formatting and completing the Q&A forms. These suggestions or instructions are not legal advice and are intended only to assist you in completing the documents. Any questions about the content of the documents or inputs should be directed to an attorney or lawyer or the agency issuing or accepting the document, not We Control.

10.5. No Guarantee. We Control endeavors to keep the documents on the Website current and up-to-date, however We Control does not guarantee that any document form on the Websites the correct or current form for your purposes. You should always confirm with the attorney or lawyer or the agency issuing or accepting the document, not the Company. The Company is not responsible for your use of any document on the Platform in any way, and you understand and agree that you use any document on the Platform at Your own risk. We Control does not guarantee any results or outcomes with Your use of the Platform.

10.6. No Review. We Control does not review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your situation.

10.7. Course Materials. The Website, in particular, the GDPR Academy may include Course Materials on legal topics, including, however not limited to, GDPR. These Course Materials are not legal advice and are intended only for informational purposes. We Control endeavors to keep the Course Materials on the Website current and up-to-date, however, We Control does not guarantee that any of the Course Materials on the Website are correct or current.

11. DISCLAIMER OF WARRANTIES

11.1. “As Is” Basis. Except as specifically set forth in this Agreement and any other applicable terms of service that govern use of the We Control Services, We Control offers the website and services on an "as is" and "as available" basis and does not accept responsibility or liability for any use of or reliance on the Website, the We Control Services or any information provided through the We Control Services, or for any disruptions to or delay in the provision of the We Control Services. We Control makes no warranties or representations, express, statutory or implied, as to the quality and accuracy of the Website, the We Control Services or any information provided through the We Control Services, and we disclaim any implied warranties and representations to the maximum extent permitted by applicable law. Furthermore, we do not make any representations as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, error-free nature, compatibility, security, data loss, non-interference with or non-infringement of any intellectual property rights, or fitness for a particular purpose of the Website, the We Control Services or any information provided through the We Control Services to the maximum extent permitted by applicable law.

11.2. No Guarantee of Security. We Control does not guarantee the adequacy of the We Control services or compatibility and security thereof to Your computer equipment and do not warrant that the We Control Services, their infrastructure or any emails or communications transmitted via the We Control Services will be free of viruses or secure against hacking attacks.

11.3. Exclusion of Warranties. If the applicable law does not allow the exclusion of some or all of the above warranties to apply to You, the above exclusions will apply to You to the fullest extent permitted by applicable law.

12. LIMITATION OF LIABILITY

12.1. Limitation of Liability. To the maximum extent permitted by applicable law, We Control shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for, relating to or arising from (a) loss of profits, (b) failures of telecommunications, the internet, electronic communications, (c) corruption of data, (d) breach of security, (e) loss or theft of data, (f) viruses or spyware, (g) loss of business revenue or investment, (g) use of software or hardware that does not meet We Control’s systems requirements, (h) damage to goodwill, data or other intangible losses, or (i) resulting from: (i) the use of or the inability to use the services; (ii) unauthorized access to or alteration of the personal data shared via the We Control Services; (iii) conduct of any third party on our Website. The above limitations apply even if We Control have been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, We Control's aggregate liability to You or any third party for all claims relating to this Agreement, however arising, shall at all times be limited to the amount the Client paid for the We Control Services during the twelve (12) months prior to such claim or, in all other cases when the We Control Services are used for free, to 100 euros (EUR). You understand and agree that absent Your agreement to this limitation of liability, We Control would not provide the We Control Services to You.

13. INDEMNIFICATION

13.1. Indemnification. You agree to indemnify, hold harmless and defend We Control, its managers, members, directors, employees, agents, or affiliates (collectively, the "Indemnified Parties") at its expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Client Data uploaded by You, (iii) Your use of the We Control Services, and (iv) any unauthorized use of the Services, including, however not limited, infringement of intellectual property rights or any other rights of third parties. In such a case, the Indemnified Party or Parties will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim.

14. CONFIDENTIAL INFORMATION

14.1. Confidentiality. Subject to the express permissions of this Agreement, each party will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, each party may use each other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement and shall disclose such Confidential Information (a) solely to the employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. The provisions of section shall supersede any non-disclosure agreement by and between the parties and such agreement shall have no further force or effect with respect to the exchange of Confidential Information after the acceptance of this Agreement.

15. INTELLECTUAL PROPERTY RIGHTS

15.1. We Control Intellectual Property. All right, title and interest in and to the We Control Services, the underlying We Control Technology, and all intellectual property rights therein including, however not limited to, information and content on the Website, lessons, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, and files, are and will remain with We Control and its licensors. We Control, wecontrol.io, and all other trademarks, service marks, graphics and logos used in connection with the We Control Services are trademarks or registered trademarks of We Control. We Control does not grant You any right or license to use, copy or reproduce any We Control’s trademarks.

15.2. Your Intellectual Property. As between the parties, You own and retain all rights to the Client Data. This Agreement does not grant us any ownership rights to Client Data. You grant permission to us and our licensors to use the Client Data only as necessary to provide the We Control Services to You and as permitted by this Agreement.

15.3. Third Party’s Intellectual Property. All trademarks that do not belong to WeControl are used and placed on the website purely for informational purposes. WeControl does not use third-party trademarks for its own commercial purposes but provides visitors to the website with the convenience to search for information about trademarks owners.

16. CHANGES TO THE AGREEMENT AND SERVICES

16.1. Changes to the Agreement. We Control reserves the right to change this Agreement at any time in its sole discretion If We Control decides to change this Agreement in the future, We Control will post an appropriate notice at the top of this page and/or give reasonable advance notice to the Client and Users through the We Control Services or by other means (e.g., via email notification). Any non-material change (such as clarifications) to this Agreement will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. The date of the last update of this Agreement is set out at the top of this document. You acknowledge and agree that Your continued use of the We Control Services after the date of changes to this Agreement indicates Your agreement to such changes.

17. TERM AND TERMINATION

17.1. Term and Termination. Agreement becomes effective when You start using the We Control Services and remains in force until terminated by either party. The Client acknowledges and agrees that We Control in its sole discretion and without notice may suspend or terminate this Agreement, the Client’s Account or the Users’ use of the We Control Services, and remove and discard any Client Data within the We Control Services for any reason, including if We Control reasonably believes that You has violated any provisions of this Agreement. The Client further acknowledges that We Control may terminate any Account that is inactive for more than 24 months and We Control shall not be liable to the Client or to any other person as a result of any such termination.

17.2. Survival. The following Sections survive any expiration or termination of this Agreement: 5 (Subscription and Payment Terms); 7 (Use of Personal Data); 8 (Client Data); 9 (Third Party Services); 10 (No Attorney-Client Relationship, Legal Services or Legal Advice); 11 (Disclaimer of Warranties); 12 (Limitation of Liability); 13 (Indemnification); 14 (Confidential Information); 15 (Intellectual Property); 17 (Term and Termination); 18 (Governing Law); 19 (Disputes) 20 (Miscellaneous).

18. GOVERNING LAW

18.1. Governing Law. You agree that this Agreement shall be governed by, and construed in accordance with, the laws of Estonia, regardless of the conflict of laws provisions thereof and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods.

19. DISPUTES

19.1. Dispute Resolution. If a dispute arises between You and We Control, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. Thus, all disputes arising out of or in connection with the Agreement shall be finally settled by Arbitration Court of the Estonian Chamber of Commerce and Industry.

19.2. Negotiations. You and We Control shall attempt to resolve all disputes relating to this Agreement by negotiations.

19.3. Arbitration Clause. If the Parties fail to resolve the disputes relating to this Agreement through negotiations in 15 days period, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (further, the “Arbitration Court”) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The Arbitration Court shall consist of 1 member. If the Parties fail to form the Arbitration Court in accordance with the provisions of this Article and the Rules of the Arbitration Court, the Arbitration Court shall be formed by the Council of the Chamber of Commerce and Industry of Estonia. The language of the Arbitration Court shall be English. The award of the Arbitration Court shall be final and binding upon the Parties.

19.4. Notification. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to:
Wecontrol Business Services OÜ
Sepapaja 6, Tallinn
15551, Estonia

20. MISCELLANEOUS

20.1. Relationship of Parties. The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the You and either We Control, and the You shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.

20.2. Entire Agreement. Except as expressly provided elsewhere on the Website, this Agreement, including the Privacy Policy and any other documents which are stated to apply to User as a user of the Services constitutes the entire agreement between the Client and We Control with respect to the use of the We Control Services and replaces all prior understandings, communications and agreements, oral or written, regarding the subject matter hereof.

20.3. Severability. If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable; failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon You.

20.4. Assignment. You cannot, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer any or all of Your rights or obligations under this Agreement to anyone without prior written approval of We Control. However, We Control at its sole discretion may assign or transfer this Agreement without the Client’s consent to: (i) an affiliate; (ii) a company through a sale of assets by We Control; or (iii) a successor by merger. Any assignment that is in contravention of this Agreement shall be considered void.

20.5. Non-Waiver. No failure or delay on the part of We Control in exercising any right, power or remedy pursuant to this Agreement shall operate as a waiver thereof, and no single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof, or the exercise of any other right, power or remedy.

20.6. Updates on We Control Products and Services. If You have opted in to receive notifications or updates on our other products and services, We Control may send the relevant communications to You from time to time. Additional terms and conditions may apply to such other services or products offered from time to time by We Control. You may opt out of receiving such informational emails at any time by following the unsubscribe instructions included in each such email.

20.7. Service Notifications. From time to time we may send You important communications regarding the We Control Services, issues with payments for the applicable subscription, the Account, updates to this Agreement and/or the Privacy Policy, and any other notifications which may be required by law (collectively, "Mandatory Notifications"). Such Mandatory Notifications will be sent via email or to the Client’s Account. The Client can manage his subscription and notifications preferences, but cannot opt out of receiving the Mandatory Notifications.

20.8. Individual Opinions. The opinions and views expressed in the blog at https://wecontrol.io/blog are the opinions of the designated authors and do not reflect the opinions or views of We Control or views of any other person.

20.9. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

20.10. Governing Language. The original language of this Agreement is English. We Control may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

21. CONTACT US

21.1. Contact Information. In case of any questions regarding this Agreement or the We Control Services, please contact us at support@wecontrol.co.