TERMS & CONDITIONS
1. Introduction
1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Whomso Limited ("Whomso," "we," "us," or "our"), governing your use of the Whomso web application ("Service").
1.2. By accessing, registering for, or using the Service in any manner, you agree to be bound by these Terms in their entirety. If you do not agree to all the terms and conditions included in these Terms, you must not use the Service.
1.3. We reserve the right to change, modify, add, or remove portions of these Terms at any time. Your continued use of the Service following the posting of changes to these Terms will mean you accept those changes.
2. Service Description
2.1. Whomso is a web application that enables users to create microsites on behalf of their businesses.
2.2. "Microsites" refers to small, auxiliary websites designed to function as supplements to a primary website, typically focused on a specific purpose, product, or campaign.
2.3. The Service is provided "as is" and "as available" without any warranties, expressed or implied.
3. User Eligibility
3.1. The Service is available to businesses (B2B) without age or geographical restrictions. However, you must have the legal capacity to enter into a binding contract in your jurisdiction to use the Service.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3. You agree to immediately notify Whomso of any unauthorized use of your account or any other breach of security.
3.4. Whomso reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.
4. Licensing & Pricing
4.1. Freemium Plan:
4.1.1. Users can create and maintain up to 10 microsites at no cost.
4.1.2. Once the limit of 10 microsites is reached, users must upgrade to a paid plan to create additional microsites.
4.1.3. Whomso reserves the right to modify the features and limitations of the Freemium Plan at any time.
4.2. Paid Plans:
4.2.1. Monthly subscription: $60 per user per month, billed on the date of subscription activation and every 30 days thereafter.
4.2.2. Annual subscription: $600 per user per year, billed on the date of subscription activation and every 365 days thereafter.
4.2.3. All prices are in US Dollars and exclusive of any applicable taxes.
4.2.4. Whomso reserves the right to change pricing at any time. Any price changes will be communicated to users at least 30 days in advance.
4.3. Payment:
4.3.1. Users agree to pay all fees associated with their chosen plan.
4.3.2. Payments will be processed through our designated payment processor.
4.3.3. Failure to pay fees may result in immediate suspension or termination of the Service.
5. Fair Usage & Restrictions
5.1. Fair Usage:
5.1.1. Fair usage is capped at 1,000 sites per month per user.
5.1.2. This limit applies to the total number of microsites created, modified, or deleted within a calendar month.
5.1.3. If a user exceeds this limit, Whomso reserves the right to throttle service, charge additional fees, or suspend the account.
5.2. Prohibited Activities:
5.2.1. Programmatic creation of microsites is strictly prohibited. This includes, but is not limited to, the use of scripts, bots, or any automated tools to create, modify, or manage microsites.
5.2.2. Users are expressly forbidden from distributing offensive materials via microsites. "Offensive materials" include, but are not limited to: a) Pornographic or sexually explicit content b) Hate speech or content that promotes discrimination c) Violent or graphic content d) Content that infringes on intellectual property rights e) Malware, viruses, or other harmful code f) Content that violates any applicable laws or regulations
5.2.3. Users may not use the Service for any illegal purposes or to violate any laws in their jurisdiction. 5.2.4. Users may not attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
5.3. Compliance:
5.3.1. Whomso reserves the right to monitor user activity to ensure compliance with these Terms.
5.3.2. Whomso may, at its sole discretion, suspend or terminate accounts that violate these Terms.
6. Intellectual Property
6.1. User-Generated Content:
6.1.1. All content created by users through the Service ("User Content") remains the property of the respective user or their licensors.
6.1.2. By using the Service, you grant Whomso a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in any existing or future media, for the sole purpose of enabling Whomso to provide and promote the Service.
6.2. Whomso's Intellectual Property:
6.2.1. The Whomso Service, including but not limited to its software, features, and functionality, is owned by Whomso and protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2.2. Users may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Whomso's proprietary information or material, except as necessary to use the Service.
6.3. Whomso Brand Usage:
6.3.1. Customers may use Whomso's brand assets (including name, logo, and other trademarked material) only after receiving explicit written permission from Whomso.
6.3.2. Any authorized use must strictly adhere to Whomso's brand guidelines, which will be provided upon approval of usage.
6.3.3. Whomso reserves the right to revoke permission for brand usage at any time and for any reason.
Payments & Refunds
7.1. Monthly Plans:
7.1.1. Users can cancel a monthly plan at any time through their account settings or by contacting customer support.
7.1.2. Cancellation will take effect at the end of the current billing cycle.
7.1.3. No partial refunds will be issued for unused portions of the month.
7.2. Annual Plans:
7.2.1. Users can cancel an annual plan at any time through their account settings or by contacting customer support.
7.2.2. Upon cancellation, users will be refunded the remaining months of their subscription, less the months used, billed at the monthly rate of $60 per month.
7.2.3. The refund amount will be calculated as follows: Refund = Annual fee paid - (Number of months used × $60)
7.2.4. Partial months will be considered as full months for the purpose of this calculation.
7.3. Refund Requests:
7.3.1. Refund requests can be submitted at any time by contacting customer support at alex@whom.so.
7.3.2. Each refund request will be evaluated on a case-by-case basis.
7.3.3. Whomso reserves the right to deny refund requests in cases of abuse, fraud, or violation of these Terms.
7.4. Payment Failures:
7.4.1. If a payment fails, Whomso will attempt to process the payment again within 5 business days.
7.4.2. If the payment fails again, the user's account may be suspended until payment is successfully processed.
7.4.3. Users are responsible for ensuring their payment information is up to date and valid.
Account Termination
8.1. Whomso reserves the right to suspend or terminate accounts immediately and without prior notice for the following reasons:
8.1.1. Offensive behavior in communications with Whomso staff, other users, or any third parties in relation to the Service.
8.1.2. Improper use of the product, including but not limited to violation of fair usage policies, prohibited activities, or any other misuse of the Service.
8.1.3. Violation of these Terms or any other policies referenced herein.
8.1.4. Failure to pay fees associated with the Service.
8.1.5. If Whomso believes, in its sole discretion, that your actions may cause legal liability for you, other users, or Whomso.
8.2. Effects of Account Termination:
8.2.1. Upon termination, your right to use the Service will immediately cease.
8.2.2. All microsites associated with your account will be taken offline and may be deleted after 30 days.
8.2.3. You will lose access to all data associated with your account.
8.2.4. Whomso will not be liable to you or any third party for termination of your account or access to the Service.
8.3. Data Retention and Deletion:
8.3.1. Whomso may retain your data for a period of up to 90 days after account termination for backup, archival, or audit purposes.
8.3.2. After this period, all your data will be permanently deleted from our systems.
Modifications to Terms
9.1. Updates to Terms:
9.1.1. These Terms may be updated on a monthly basis.
9.1.2. All changes will be clearly marked within the updated Terms.
9.1.3. The date of the last modification will be indicated at the bottom of the Terms.
9.2. Notification of Changes:
9.2.1. Significant changes impacting service, pricing, or other important terms will be communicated to customers via email at least 30 days before the changes take effect.
9.2.2. "Significant changes" include, but are not limited to: a) Modifications to pricing structure b) Changes to data handling or privacy practices c) Alterations to core functionality of the Service d) Updates to cancellation or refund policies
9.3. Continued Use:
9.3.1. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms.
9.3.2. If you do not agree to the updated Terms, you must stop using the Service and cancel your account before the changes take effect.
Dispute Resolution
10.1. Governing Law:
10.1.1. These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.
10.2. Jurisdiction:
10.2.1. Any legal action or proceeding relating to these Terms or the Service shall be instituted exclusively in the courts of the United Kingdom.
10.2.2. You and Whomso agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
10.3. Dispute Process:
10.3.1. Before filing a claim against Whomso, you agree to try to resolve the dispute informally by contacting alex@whom.so.
10.3.2. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.
10.4. Limitation on Claims:
10.4.1. Any claim related to these Terms or the Service must be filed within one year after it arose; otherwise, the claim is permanently barred.
Limitation of Liability
11.1. To the fullest extent permitted by applicable law, in no event will Whomso, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
11.1.1. Your access to or use of or inability to access or use the Service;
11.1.2. Any conduct or content of any third party on the Service;
11.1.3. Any content obtained from the Service; and
11.1.4. Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
11.2. In any case, our aggregate liability under these Terms shall be limited to the amount you have paid us in the last 12 months or $100, whichever is greater.
Contact Information
12.1. For support, inquiries, or any communication regarding these Terms or the Service, please contact alex@whom.so.
12.2. All legal notices to Whomso must be in writing and sent to the email address listed above.
Acceptance of Terms
By using the Whomso Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree to these Terms, you must not use the Service.
Last Updated: 11th September 2024
