1. Purpose and acceptance
Wobelio is a platform published by Espero-Soft Informatiques SRL that lets you build, publish and manage a website without writing code, and host it under an address provided by the platform or under your own domain name.
By creating an account you accept these terms and the privacy policy. If you subscribe to a paid plan, the terms of sale also apply and prevail over these terms for everything concerning price, payment, duration and termination of the subscription.
The service is intended for adults with legal capacity, as well as for companies, associations and self-employed professionals. Where you act on behalf of a legal entity, you declare that you have authority to bind it.
2. Definitions
- Platform
- The service available at wobelio.com, together with its editing, audit and management tools.
- Account
- The personal space opened in your name, to which your websites are attached.
- Website
- The website you build and publish through the platform.
- Content
- Anything you add to a website or to your account: text, images, logo, files, products, contact details.
- Plan
- The subscription tier attached to a website, free or paid, and the capabilities it unlocks.
3. Account and access
Creating an account requires a valid email address, which you warrant to be accurate and undertake to keep up to date. Signing in uses a one-time code sent to that address: the security of your account therefore depends directly on the security of your mailbox.
The account is personal. You are responsible for everything done from it and must inform us without delay, at info@espero-soft.com, of any use you suspect is not your own.
We access the content of your account only where technically necessary, to answer a support request from you, to handle a report, or to comply with a legal obligation.
4. The service provided
The platform provides an editor, website templates, hosting, an HTTPS certificate and analysis tools whose scope depends on the plan taken. Plans are described on the pricing page.
The service evolves: features may be added, changed or withdrawn for technical, security or compliance reasons. Where a change adversely affects an essential feature of a paid plan, you are notified by email at least thirty days in advance and may terminate free of charge under the terms of sale.
What remains yours: your equipment, your internet access, the accuracy of the information published on your website, and that website's compliance with the rules specific to your activity.
5. Your content
Your content remains yours. We claim no rights in it and use it neither for our own communication nor to train an automated system.
In order to host and deliver your website, you grant us a non-exclusive, royalty-free, worldwide licence, limited to the lifetime of your account, covering only the right to reproduce, store, technically adapt (resizing, format conversion, caching) and communicate your content to the public as part of performing the service. That licence ends when the content is deleted, subject to backups still within their expiry cycle.
You warrant that you hold the necessary rights in everything you publish, including third-party photographs, fonts, trade marks and texts, and you indemnify us against any third-party claim based on content you have put online.
Where your website collects personal data (contact form, order, sign-up), you are the controller and we act as processor. Your obligations in that respect are described in the privacy policy.
6. Prohibited uses
The platform may not be used to publish, store or distribute:
- illegal content, in particular infringing, defamatory, hateful content, content inciting violence or discrimination, or amounting to a criminal offence;
- child sexual abuse material or any content undermining human dignity;
- misleading content, trade mark counterfeiting, impersonation, or a website imitating a third party's site in order to deceive;
- personal data obtained without a legal basis, or special category data published without the consent of the persons concerned;
- malware, phishing kits, traffic cloaking services or pages used for fraud;
- pornographic or sexually explicit content, whether or not it is lawful: the platform does not host any;
- gambling services, or the sale of regulated or prohibited goods without holding the required authorisations.
It is likewise prohibited:
- to disrupt the operation of the platform, circumvent its technical limits or access data that is not yours;
- to extract its content on a large scale through automated scraping, or to resell access to the service without written agreement;
- to send unsolicited bulk messages from the platform;
- to use hosting resources for anything other than a website, in particular as a file storage or distribution relay.
7. Moderation, suspension and termination
We exercise no prior editorial control over published websites. We act upon a report, upon an order from an authority, or where we find a breach of these terms. The reporting procedure is set out in the legal notice.
Depending on seriousness and in a proportionate manner, the possible measures are: a request for correction, taking a page or a website offline, suspension of the account and, in the event of a serious or repeated breach, its termination.
Except where an order from an authority or a serious and imminent risk prevents it, a measure is preceded by a warning leaving a reasonable period to remedy the breach. Every measure is accompanied by a statement of reasons setting out the facts relied on, the basis for the decision and how to contest it at info@espero-soft.com.
Manifestly illegal content may be removed without prior warning. In every case you retain the right to contest the measure, to lodge a complaint with the competent authority and to bring the matter before a court.
8. Addresses and domain names
Every website receives a free address as a subdomain of wobelio.com. That subdomain is allocated for the duration of the service and is not assigned to you: it becomes available again if the website is deleted. Subdomains reserved for the platform cannot be allocated.
You may connect a domain name you own, once ownership has been verified. Where a plan includes a domain name, it is registered in your name and you remain its holder: the arrangements, and what happens to that domain at the end of the subscription, are set out in the terms of sale.
9. Intellectual property of the platform
The software, the interface, the website templates, the illustrations and the Wobelio trade mark remain the property of Espero-Soft Informatiques SRL. Your subscription grants you a personal, non-exclusive and non-transferable right of use, limited to its duration and to what the service allows.
You may not copy, decompile or attempt to extract the platform's code, except where the law expressly permits it, nor reproduce a website template outside the service.
10. Availability, maintenance and backups
We use reasonable efforts to keep the service continuously available. Interruptions remain possible for maintenance, updates, security, or because of an incident at a supplier or on the network. Scheduled work is announced where possible and placed outside business hours.
Regular backups are made for disaster recovery purposes. They are not an archiving service: keeping a copy of your important texts, images and files remains your responsibility.
11. Liability
We are answerable for performing the service as described here and on the pricing page. We are not answerable for the content of your website, for your dealings with your own customers, nor for the consequences of inaccurate information you may have published.
Apart from personal injury, fraud and gross negligence, for which no limitation applies, our contractual liability is limited, per event, to the amounts actually paid for the website concerned during the twelve months preceding the triggering event. Indirect losses, such as loss of turnover, of customers or of data you have not backed up on your side, are not compensated.
These limitations do not apply to rights granted to consumers by mandatory law, in particular the legal guarantee of conformity, which remain available in all circumstances.
12. Duration, closing the account and deletion of data
These terms apply for as long as your account exists. You may close it at any time from your dashboard or by writing to info@espero-soft.com; closing it does not of itself give rise to any refund of the current subscription, which is dealt with in the terms of sale.
On closure, your websites cease to be published and your content is deleted from our live systems within thirty days, then from backups as they expire. Data we are required by law to keep, in particular accounting records, is retained for the statutory period.
Retrieve your texts, images and files before closing your account: deletion is final and we cannot restore content erased at your request.
13. Changes to these terms
These terms may be amended, in particular to follow developments in the service or in the applicable rules. Any substantial change is announced by email at least thirty days before it takes effect.
If the change does not suit you, you may close your account before that date: the prepaid and unused part of your subscription is then refunded. Continuing to use the service after the change takes effect amounts to acceptance. The applicable version is the one published on this page, whose revision date appears at the top.
14. Applicable law and disputes
These terms are governed by Belgian law. Before taking any action, write to us at info@espero-soft.com: most disagreements are settled at that stage.
Failing agreement, the courts of the judicial district of Brussels have jurisdiction. This clause does not deprive a consumer of the right to bring proceedings before the courts of their place of residence, nor of the right to refer the matter to the Belgian Consumer Mediation Service, Boulevard du Roi Albert II 8 boîte 1, 1000 Bruxelles, contact@mediationconsommateur.be.
If any provision of these terms were held void, the remainder would continue to apply and the void provision would be replaced by the legal rule closest to the intention of the parties.