Terms and conditions

Published on: March 15, 2024

1. Widgetbird

1.1 With Widgetbird, you can create widgets for your website that integrate all your favorite platforms into one and generate more leads (“Services”). To use the Services, an account must be created. Widgetbird offers both free and paid versions of its Services.

1.2 The provider of the Services is Widgetbird, registered with the Chamber of Commerce under number 66173876 and located at Rotterdam Westblaak 90, 3012 KM (“Widgetbird”, “we”, “us”, and “our”). You can reach us by email at [email protected] or via chat on our website.

2. Applicability of these conditions

2.1 These general terms and conditions (“Terms”) apply to any use of Widgetbird’s Services by the customer (“Customer” and “you”, “your”). Natural persons who use our Services on behalf of the Customer are referred to as “User”.

2.2 When the Customer creates an account, they agree to these Terms. If you do not agree with these Terms or do not wish to adhere to them, then do not use our Services.

2.3 These Terms, together with our Processor Agreement, form the entire agreement between Widgetbird and its Customer (“Agreement”). Purchase conditions or other agreements or conditions of the Customer explicitly do not apply.

2.4 The natural person who creates an account with us on behalf of the Customer guarantees that he or she is authorized to enter into legally binding agreements on behalf of the Customer.

2.5 We may unilaterally amend these Terms at any time. If we change the Terms, we will inform the Customer by email. The latest version of these Terms is always available on our website https://widgetbird.com.

3. Accounts

3.1 We offer different packages, each with its own functionalities, which can be found on our website. To be able to use our Services, you need to create an account, regardless of the package you choose.

3.2 An account must be created by a natural person who is at least 16 years old. The use of ‘robots’ or similar automated methodologies is prohibited. If we discover that an account has been registered by a robot or similar technique, we will immediately deactivate and delete this account.

3.3 When you create an account, you guarantee that the information you provide us is accurate, complete, and up-to-date. You are also responsible for keeping the information in your account accurate, complete, and up-to-date at all times.

3.4 Your login details are personal and confidential. You must keep this information to yourself and never disclose it to others. It is strictly forbidden to share login details with third parties or to provide them access to your account in any other way. Our employees will never ask for your password. If you know or suspect that your login details are known to third parties, please contact us immediately so we can block your login details to prevent further misuse.

3.5 Employees of Widgetbird do not have access to your account.

3.6 Violation of these Terms in any way will lead to the immediate deactivation and/or blocking and/or permanent closure of your account without the right to a refund of any prepaid fees.

4. Rates and payment terms

4.1 The Customer agrees to the payment of the rate listed on our website for the package they choose (“Rate”). The Rate applies per Account. The Customer agrees to the payment terms as set out in this article.

4.2 All listed Rates are in euros and exclusive of VAT.

4.3 Widgetbird offers three different packages, one of which is free, and the other paid packages are. Each paid package can be concluded per year with a payment term of a year and is automatically renewed every year.

4.4 The Customer makes the payment via credit card, PayPal, iDeal, SEPA direct debit, Sofort banking, or Apple Pay. By entering into a paid package, the Customer agrees to an automatic deduction for the following year unless the subscription is canceled in accordance with the conditions set out in article 5. For the free variant and during the trial period of the paid variants, we do not ask for payment details. At the time the trial period of a paid variant ends, we ask the Customer to add payment details to the account. The Customer is responsible for providing us with the correct payment details.

4.5 If a payment cannot be successfully executed, the Customer will receive an email with instructions to complete the payment. If the payment is not made within the specified period, we reserve the right to temporarily deactivate your account until the payment has been made.

4.6 The Customer receives an invoice by email at the email address provided by the Customer linked to the account. In addition, the Customer has the option to download invoices via their Stripe portal, which offers an extra service for managing and consulting invoicing documents.

4.7 We have the right to adjust our Rates. If we adjust our Rates, this will be displayed on our website and communicated to existing customers by email. Changes will take effect from the next payment term and do not affect current terms. If the Customer does not agree with the change, they can cancel their account in the manner described in article 5.

4.8 It may be that we change the content of a package or remove a package from our offer. If this happens, we will inform the Customer at least 2 months in advance by email. If it concerns a downgrade or the discontinuation of a package, the Customer has the right to cancel the package as of the date the change takes effect. In the event that date falls within a current payment term, the Customer is entitled to a refund of that part of the prepaid Rates corresponding to the remainder of the payment term.

5. Duration and cancellation

5.1 The Agreement comes into effect at the moment the Customer creates an account and ends when the account is deleted by the Customer.

5.2 A package is automatically renewed for the duration of a year unless the Customer cancels the package. Cancellation is possible via the Customer’s account. Other methods of cancellation are not accepted. Upon cancellation of a paid package, it is automatically converted into the free package. Customers can delete their account themselves, but this is only possible after all widgets have been removed from the account. Our employees cannot assist in deleting an account.

5.3 The cancellation becomes effective after the end of the current annual payment term. Upon cancellation, the package remains active until the end of the paid term. No charges will be incurred for a subsequent term, and the package is converted into a free package.

5.4 There is no right to a refund of prepaid Rates except when the cancellation follows from the specific situations described in articles 2.5 or 4.8.

6. Prohibited actions

6.1 The Customer and Users must refrain from the following actions:
(a) sharing login details with third parties;
(b) using login details of a third party;
(c) abusing our website or Services or causing damage to them, for example, by introducing viruses or other harmful software;
(d) attacking our website, our Services, or the servers they run on in any way;
(e) testing the vulnerability of our website and Services, circumventing security measures or a login environment;
(f) using our Services for illegal purposes or sending unwanted emails (SPAM);
(g) infringing on these Terms in any other way.

6.2 If the Customer or a User commits a prohibited action, we are entitled to take one or more of the following measures immediately and without the right to compensation for any damage that may result for you:

6.2.1 block access to your account;

6.2.2 temporarily or permanently deactivate/delete your account;

6.2.3 file a report with the police and cooperate with an investigation in which we may be required to share your personal data with authorities.

6.3 When you are no longer able to use our Services as a result of a prohibited action, you are in no case entitled to a refund of prepaid Rates.

6.4 The measures mentioned in article 6.2 are in addition to the other rights and measures available to us in such a case, including our right to compensation for the full damage we suffer as a result of your prohibited action.

7. Intellectual property rights

7.1 Widgetbird is the exclusive holder of all intellectual property rights to our Services, including but not limited to copyrights, model rights, database rights, and rights to software, including the graphic user interface.

7.2 Content that you upload to your account remains your property, and the information and content uploaded by end-users of the widgets remain the property of those end-users.

7.3 Widgetbird is the exclusive holder of the trade name Widgetbird and the corresponding logo. The use thereof is reserved for us. If you want to use our name or logo, you must obtain our express written permission in advance.

7.4 Our website and our Services, or any part thereof, may not be copied, edited, distributed, or reverse-engineered.

8. Affiliate marketing

8.1 Widgetbird has an affiliate program that is available through the Widgetbird dashboard. To become an affiliate, there are no obligations; by generating your own affiliate link in the dashboard, you become an affiliate.

8.2 As an affiliate, ‘leads’ are defined as customers who create an account via the affiliate link, and ‘conversions’ as customers who take a paid package from their account.

8.3 The affiliate program has three statuses: Egg, Birdnest, and Birdhouse. New affiliates start with the Egg status. For Bird nest status, 3 conversions are required; for Birdhouse status, 6 conversions are needed.

8.4 At the Egg status, an affiliate receives 40% of the conversion value once; at Birdnest, 50% of the conversion value once; and at Birdhouse, an affiliate receives 50% of the conversion value for each payment term of the customer, amounting to an annual fee.

8.5 Conversions associated with an affiliate account will not be reset at any time.

8.6 Conversions associated with an affiliate account cannot be transferred to another affiliate account.

8.7 Affiliates are allowed to promote Widgetbird and can use the media kit available in the affiliate dashboard.

9. Resellers

9.1 Resellers may decide whether to charge for their services and the widgets they provide to their clients.

9.2 Resellers have the ability to manage widgets on behalf of third parties.

9.3 Any mistakes made by Resellers in configuring widgets for their clients are their own responsibility.

9.4 Resellers may create an unlimited number of widgets in the account with a maximum of 100 widgets at a time. For creating more than 100 widgets, Resellers can submit requests via [email protected]. There are no costs associated with this.

9.5 Resellers have the option to transfer widgets to other users. For the same functionalities to be retained, the new user must have a paid account. With a free plan, the paid functions are lost.

10. Disclaimers

10.1 Widgetbird provides its Services as they exist and function at the time of use without any warranty regarding their operation or functionality. The use of our Services is at the user’s own risk.

10.2 Our Services may be unavailable from time to time, for example, due to updates, problem-solving, or adding or removing functionalities. We strive to minimize any downtime.

10.3 Maintenance on our Services will be carried out with minimal inconvenience to the Customer, and if possible, advance email notification will be given about planned maintenance.

10.4 The current status of our servers and systems can be found at https://status.widgetbird.com.

11. Limitation of liability and indemnification

11.1 Widgetbird does not accept unlimited liability with respect to the use of our Services. Our liability is limited as described in this article, except in cases of intent or gross negligence on our part.

11.2 We are only liable for deficiencies in the performance of our obligations under the Agreement that can be attributed to us. In the case of liability, it is limited to direct damage and up to the total amount that the Customer has paid to us for the use of our Services in the three months preceding the event that caused the damage.

11.3 We are not liable for indirect damage, including lost revenue, lost profits, reputation damage, and damage due to the unavailability of our Services or loss of data.

11.4 Widgetbird is not responsible or liable for the content uploaded by end-users through our Services, nor for communication between Customers and their end-users through our Services.

12. Privacy

12.1 Widgetbird collects and processes certain personal data of the Customer in accordance with our Privacy Statement, which, among other things, outlines how we use personal data, with whom we share it, and what rights customers have. We act in accordance with applicable privacy legislation.

12.2 Personal data of end-users may also be processed through our Services. In this case, the Customer is the data controller, and Widgetbird is the processor. Our Processor Agreement applies to this processing, which is part of the Agreement and can be found in the Customer’s account under ‘Company Data’.

13. General provisions

13.1 If any provision of these Terms is found to be null and void or voidable, the remaining provisions shall remain in full force and effect. In such a case, Widgetbird and the Customer shall agree to formulate a new provision that approximates the original intention as closely as possible.

13.2 Widgetbird may transfer its rights and obligations under these Terms to a third party. This may occur, for example, in the event of a business acquisition. The Customer will be informed of this, and the transfer will respect the rights of the Customer. The transfer of rights and obligations by the Customer is not allowed without our express permission.

13.3 Provisions from these Terms that are intended to remain applicable after the termination of the agreement will continue to do so.

14. Applicable law and forum choice

14.1 Dutch law applies to these Terms.

14.2 In the event of a dispute arising from these agreements or from the general terms and conditions, only the court in Rotterdam shall have jurisdiction.