Terms of Use

These Terms of Use (the “Terms”) govern access to and use of the website operated at www.wagone.com (the “Site”). By accessing or using the Site, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree, you must not use the Site.

These Terms are intended to apply to business users and consumers. Where you are a consumer, any provision in these Terms will be interpreted and applied in accordance with mandatory consumer protection rules under Belgian and EU law.

Article 1: Legal Notice

1.1 Publisher. The Site is published by WAGONE SRL, a private limited liability company registered in Belgium, with registered office at Lambermontstraat 11, 2000 Antwerp, Belgium, registered with the Crossroads Bank for Enterprises (BCE/KBO) under number 1029.582.348. VAT number: BE1029.582.348. Contact: nathalie@wagone.com. If you require a rapid and direct means of communication, you may contact us at the above email; if a telephone number is made available, it will be indicated on the Site.

1.2 Hosting. The Site is hosted by Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, United States.

1.3 Images. Some images on the Site are sourced from the Unsplash platform and used in accordance with the applicable license terms.

Article 2: Access and Use of the Site

2.1 Access. Access to the Site is provided free of charge. You are responsible for all equipment and internet access necessary to use the Site.

2.2 Acceptable Use. You agree to use the Site lawfully and in accordance with these Terms, and not to:

• breach any applicable law or regulation;
• infringe intellectual property or other rights;
• introduce viruses, malware or other harmful code, or interfere with the security or integrity of the Site;
• attempt to gain unauthorized access to systems or data.

2.3 Availability. WAGONE may modify, suspend or discontinue the Site, in whole or in part, for maintenance, security, updates or other legitimate reasons, without prior notice. WAGONE will use reasonable efforts to limit the frequency and duration of such interruptions.

Article 3: Personal Data and Privacy

3.1 Controller. WAGONE SRL is the controller of personal data processed via the Site.

3.2 Purposes and Legal Bases. We may process personal data (such as name, surname, email address, phone number and browsing information) for the following purposes and on the following legal bases:

• to operate, secure and improve the Site (legitimate interests);
• to respond to your requests (pre-contractual steps or legitimate interests);
• to send you marketing communications with your prior consent (consent, with the right to withdraw at any time);
• to comply with legal obligations (legal obligation).

3.3 Rights. Under the GDPR, you have rights of access, rectification, erasure, restriction, portability and objection, as well as the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. You may exercise your rights by contacting nathalie@wagone.com. You also have the right to lodge a complaint with the Belgian Data Protection Authority.

3.4 Retention. Personal data are kept only for as long as necessary for the purposes for which they are processed, and in accordance with legal retention periods.

3.5 Transfers. Where data are transferred outside the European Economic Area, including to the United States in connection with hosting or service providers, appropriate safeguards are implemented in accordance with GDPR requirements.

3.6 Additional Information. Detailed information on our processing, including categories of recipients, security measures and contact details for our data protection contact, is available in our Privacy Policy on the Site.

Article 4: Cookies and Similar Technologies

4.1 Use of Cookies. The Site uses cookies and similar technologies. Essential cookies are necessary for the functioning of the Site and are used without consent. Non-essential cookies (such as analytics) are used only with your prior consent.

4.2 Consent. On your first visit, and thereafter at appropriate intervals, you are presented with a cookie banner that allows you to accept or refuse non-essential cookies, and to manage preferences by category. You may change your preferences at any time via the consent management tool on the Site.

4.3 Information. Our Cookie Policy describes the categories of cookies used, their purposes, retention periods, and the third-party providers involved.

Article 5: Intellectual Property

5.1 Ownership. All content on the Site, including texts, images, graphics, logos, videos, icons, sounds, software and source code, is owned by or licensed to WAGONE SRL and protected under Belgian and international intellectual property laws.

5.2 Restrictions. Except as permitted by mandatory law, any reproduction, adaptation, distribution, public communication or other use of Site content, in whole or in part, without prior written authorization from WAGONE is prohibited.

5.3 Third-Party Rights. You must respect all intellectual property rights of WAGONE and of third parties. Where the Site allows user-generated content, you represent and warrant that you have all rights necessary to upload such content and grant to WAGONE a non-exclusive, royalty-free license to host, display and use such content for the operation of the Site. WAGONE reserves the right to remove any content that appears to infringe rights or applicable law following notice.

Article 6: Hyperlinks

6.1 External Links. The Site may contain links to third-party websites over which WAGONE has no control. WAGONE is not responsible for the content or availability of such sites.

6.2 Linking to the Site. You may create links to the Site provided this does not harm WAGONE's reputation or take unfair advantage, and does not suggest any affiliation or endorsement where none exists. WAGONE may withdraw linking permission at any time.

Article 7: Liability

7.1 Information. Although WAGONE uses reasonable efforts to ensure that information on the Site is accurate and up to date, the Site and its content are provided for general information only and without any warranty as to completeness, accuracy or fitness for a particular purpose.

7.2 Technical Issues. WAGONE cannot be held liable for any unavailability of the Site or for any damage resulting from interruptions, errors, viruses or other harmful elements that are beyond its reasonable control.

7.3 Limitation. To the fullest extent permitted by law, WAGONE excludes and limits liability for indirect or consequential damages (such as loss of profit, loss of data or loss of opportunity). Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any liability that cannot be excluded under applicable law. Where you are a consumer and a mandatory right applies, these limitations shall be interpreted in accordance with that right.

Article 8: Amendments

8.1 Changes to the Terms. WAGONE may amend these Terms from time to time, for example to reflect legal, technical or business changes. The updated Terms will be posted on the Site with an updated "Last updated" date.

8.2 Notice to Consumers. Where changes materially affect consumer rights, WAGONE will provide appropriate notice on the Site or by other reasonable means. Continued use of the Site after the effective date of the updated Terms constitutes acceptance of the changes.

Article 9: Governing Law and Jurisdiction

9.1 Governing Law. These Terms are governed by Belgian law, without prejudice to mandatory consumer protection rules that may apply.

9.2 Jurisdiction

• If you are not a consumer, any dispute relating to the validity, interpretation or performance of these Terms shall be subject to the exclusive jurisdiction of the competent courts of the judicial district of Brussels.
• If you are a consumer and you reside in the European Union, you may bring proceedings in the courts of your place of residence or in Brussels, as provided by applicable law. Nothing in these Terms deprives consumers of rights to use out-of-court dispute resolution mechanisms.

9.3 Amicable Resolution. Before initiating court proceedings, the parties will seek an amicable resolution, including via written communications or mediation.

Article 10: Miscellaneous

10.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

10.2 No Waiver. Failure by WAGONE to enforce any right or provision shall not constitute a waiver of such right or provision.

10.3 Language. These Terms may be provided in multiple languages. In the event of any inconsistency between versions, the version available in the language of your habitual residence shall prevail for consumer users; otherwise, the English version shall prevail.

10.4 For any questions regarding these Terms, please contact nathalie@wagone.com.