Terms & Conditions

1. Who we are and what these terms cover

These terms are the agreement between you and us for the use of Wynoot: the website wynoot.com, the dashboard, and the sites, apps and booking pages you create with it (together, the "Service"). Our Privacy Policy and Cookie Policy explain how we handle personal data.

Name

Wynoot

Contact

our contact page

2. For businesses only

Wynoot is for businesses and professionals acting in the course of their trade, including sole traders. It is not offered to consumers. By creating an account you confirm that you use the Service for your business, that you are at least 18, and, if you act for an organisation, that you may accept these terms on its behalf. "You" then means that organisation.

3. The Service

Wynoot helps you explain what you offer and take bookings: a website or app in your brand, your offerings and their details, and Booking & Calendar. These features are available now.

Business Understanding (beta)

Business Understanding is offered as a beta. It reads the information you give it and proposes rules about your business, for example who an offering suits or what is included. A beta may change, be limited or be withdrawn, and it can make mistakes. Proposals are only used after you check and confirm them, and you are responsible for the rules you confirm. Customer guidance built on these rules gives general information about your offerings; it is not advice, and your own terms toward your customers always apply.

Changes to the Service

We keep improving Wynoot, so features may change. If we remove or reduce something you rely on, we tell you in good time beforehand, unless we must act sooner for security or legal reasons.

4. Your account

• Give correct details and keep them up to date.
• Keep your password to yourself. You are responsible for what happens in your account, including by people you give access to.
• Tell us straight away if you think someone else has used your account.

5. Plans, credits and fair use

• You start with free starter credits. Paid plans, if you choose one, show their price before you agree to them; nothing is charged without your agreement.
• Plans have limits so the Service stays fast and fair: for example a number of actions per service per day, the number of apps per business and custom domains per app. Your dashboard shows your current limits and use. You can ask us for more.
• We may change limits or prices for the future. We tell you at least 30 days before a change that is worse for you, and you may stop using the Service before it applies.
• Prices are excluding VAT unless stated otherwise.

6. Your content and your customers

You keep all rights to the content you put into Wynoot: texts, images, offerings, prices, rules and the data of your customers. You give us permission to store, copy, display and adapt it only as far as needed to run the Service for you, including showing it on your site. This permission ends when your content is deleted.

You are responsible for:

• your content, and having the rights to use it;
• your offerings, prices, availability and the information you give customers being correct;
• your own terms, privacy policy and cancellation rules toward your customers, and following the consumer and data protection laws that apply to you;
• payments from your customers, which go through your own payment provider;
• what you add to your site yourself, such as third-party tools or cookies.

The contract for a booking is between you and your customer. Wynoot is not a party to it.

7. Acceptable use

Do not use the Service to:

• publish illegal, misleading, discriminatory or harmful content, or offer illegal activities;
• infringe someone else's rights, such as copyright, trademarks or privacy;
• send spam, or collect data about people without a legal basis;
• attack, overload, probe or scrape the Service, or get around its limits or security;
• upload malware, or pretend to be someone else.

8. Reporting illegal content

Anyone can report content on wynoot.com or on a site built with Wynoot that they believe is illegal. Use our contact page, choose "Report illegal content", and include:

• the exact web address (URL) of the content;
• why you believe it is illegal;
• your name and email address;
• a statement that you make the report in good faith and that it is accurate and complete.

We confirm that we received the report, look at it carefully and without undue delay, and tell you what we decided. If we remove or restrict content or an account, we tell the business concerned why, and how it can ask us to look again. We do not use automated systems to make these decisions.

This contact page is also our single point of contact for users and for authorities under the Digital Services Act. You can write to us in English or Dutch.

9. Suspension and ending the agreement

• You can stop at any time by asking us to close your account.
• We may suspend or restrict an account, or remove content, when that is needed to stop a serious or repeated breach of these terms, illegal content or a security risk. We act in proportion, tell you why, and give you a chance to fix it first where we reasonably can.
• We may end the agreement for any other reason with 30 days' notice.
• Before your account is closed you can ask for a copy of your content. After closing we delete it as our Privacy Policy describes.

10. Data processing terms

When we handle personal data of your customers and site visitors, you are the controller and we are the processor. These terms are our data processing agreement under article 28 of the GDPR.

• What: contact details, booking and account details of your customers and visitors, and what they send through your site, for as long as you use the Service.
• Instructions: we process this data only to provide the Service and on your documented instructions, which are these terms and your settings. We tell you if we believe an instruction breaks the law.
• Confidentiality: everyone who works with the data for us is bound to confidentiality.
• Security: we take appropriate technical and organisational measures (GDPR art. 32), as described in our Privacy Policy.
• Sub-processors: you allow us to use the types of providers described in our Privacy Policy. We give you the current list on request, tell you before we add or replace one, and you can object on reasonable grounds. We bind each one to the same data protection duties.
• Transfers outside the EEA are protected as our Privacy Policy describes.
• Help: we help you answer your customers' requests to exercise their rights, and with security, breach notification, impact assessments and consulting the authority, as far as is reasonable for our role.
• Breaches: we tell you without undue delay after we become aware of a personal data breach affecting your data.
• End: when the agreement ends we delete the data, or return it first if you ask, unless the law requires us to keep it.
• Checks: we give you the information needed to show that we meet these duties, and allow reasonable audits with advance notice, at your cost.

11. Our intellectual property

The Service, its software, design and the Wynoot name and logo belong to us or our licensors. You may use them only to use the Service. Templates and building blocks we provide may be used on your Wynoot sites while your account is open.

12. Availability and liability

We work to keep the Service available and secure, but we cannot promise it will always be uninterrupted or error-free. Beta features, including Business Understanding, are provided as they are.

• Our total liability to you per year is limited to the amount you paid us in the 12 months before the event, with a maximum of €5,000, or €100 if you paid us nothing.
• We are not liable for indirect or consequential loss, such as lost profit, lost bookings, lost revenue or damage to reputation, or for loss of data you could have kept yourself.
• These limits do not apply to damage caused by our intent or deliberate recklessness, or where the law does not allow them.
• You must tell us about a claim within 12 months after you knew, or should have known, of it.

You protect us against claims of third parties, including your customers and authorities, that come from your content, your offerings, your dealings with your customers or your breach of these terms.

Neither of us is responsible for delays caused by events beyond reasonable control.

13. Changes to these terms

We may update these terms. We tell you by email or in the dashboard at least 30 days before a change that is worse for you takes effect. If you do not agree, you can stop using the Service before then. Changes needed for legal or security reasons may take effect sooner.

14. Law and disputes

Dutch law applies to these terms and to the use of the Service. The Vienna Sales Convention (CISG) does not apply. Disputes go to the competent court in the Netherlands. We would always rather solve a problem together first, so please contact us.

If a part of these terms is not valid, the rest still applies. Your own general terms do not apply to the Service.