Terms and Conditions

1. Who we are

Kwazi is a product of Kwazi BV, Bevrijdingsplein 18, 3970 Leopoldsburg, Belgium, company and VAT number BE0803.546.614. You can reach us at hallo@kwazi.be or through the contact form on kwazi.eu.

2. What these terms cover

These terms apply to everything you use or buy from Kwazi:

• the free Kwazi plugin for WordPress;

• your account on kwazi.eu;

• paid add-ons and their subscriptions;

• our services: support and Kwazi Cloud. For work based on a quote (installation, custom development, web design, integrations) and WordPress hosting, our general terms of sale for services apply.

A quote or order can add to these terms or arrange something differently; that agreement then applies for that point. A customer's own terms apply only if we accept them in writing.

Some rules apply only to consumers (you buy for yourself, not for your business) or only to businesses. We say so where that is the case. As a consumer, you always keep the protection the law gives you.

3. The free Kwazi plugin

1. Kwazi is free software under the GNU General Public License, version 2 or later (GPL). You may use, change and share the plugin under that licence.

2. The plugin runs on your own WordPress site. You manage that site, the hosting, the backups and the data you keep in Kwazi. You are the controller of your contacts' personal data.

3. We provide the plugin free of charge and as it is. We do our best to keep it secure and reliable and release updates through wordpress.org and kwazi.eu. To the extent the law allows, we give no additional warranty on the free plugin.

4. The name and logo "Kwazi" remain the property of Kwazi BV. The GPL gives you rights to the code, not to the brand.

4. Your account on kwazi.eu

1. An account is free. You provide correct details and keep your password to yourself.

2. With your account you download Kwazi, manage your subscriptions, licence keys, invoices and credits, and ask for support.

3. You delete your account yourself under "Your details". Cancel any running subscriptions first (section 7).

4. In case of misuse (for example fraud, sharing licence keys beyond your licence, or attacks on kwazi.eu) we may block your account after a warning, or straight away when that is needed to protect others.

5. How we handle your personal data is explained in our privacy policy.

5. Paid add-ons and subscriptions

1. What you buy. A subscription to an add-on gives you, for the chosen period (one month or one year) and for the number of sites in your licence:

– a licence key;

– updates to the add-on;

– support (section 8);

– access to the services through kwazi.eu that come with the add-on.

2. The code stays GPL. Like the plugin, the add-ons are software under the GPL. What you buy with the subscription is the key, the updates, the support and the services. When your subscription ends, the installed version stays yours to use; you just no longer receive new updates, support or services through kwazi.eu.

3. Number of sites. You use a licence key on the number of sites stated with your purchase. A test or staging copy of the same site does not count.

4. Prices. Prices are shown on kwazi.eu and at checkout. For consumers they include VAT. For businesses we show them excluding VAT; with a valid VAT number from another EU country, the reverse-charge rule applies.

5. Renewal. Your subscription renews automatically for the same period until you cancel. With a yearly subscription you receive an email 30 days before renewal with the date and the amount.

6. Price changes are announced by email at least 30 days in advance. They apply from your next renewal. If you do not want the new price, cancel before that renewal.

6. Ordering and payment

1. You order online on kwazi.eu. The agreement is made once we confirm your order by email.

2. You pay online through the payment provider shown at checkout. Kwazi BV is the seller and sends you the invoice; you also find it in your account.

3. For a renewal we use the payment method you saved. If a payment fails, you receive an email and we try again. If the payment stays open, updates, support and services pause until it is settled.

4. Invoices for services (installation, custom development) are payable within 14 days of the invoice date, unless the quote says otherwise.

5. Late payment.

– Businesses: from the due date, without notice, statutory interest under the Belgian Act of 2 August 2002 and a fixed fee of € 40.

– Consumers: first a free reminder with 14 days to pay. After that, statutory interest and the fee allowed by the Belgian Code of Economic Law (Book XIX).

7. Cancelling

1. You cancel a subscription at any time and without a reason in your account on kwazi.eu, or by email to hallo@kwazi.be.

2. Your subscription then runs until the end of the paid period and does not renew. Until that day you keep updates, support and services. For hosting, the terms of section 10 apply.

3. Kwazi BV can end a subscription with 60 days' notice by email. We then refund the paid part of the current period that falls after that date.

8. Support

1. You get support through your account or by email, in Dutch or English, on Belgian working days.

2. Support comes with a paid add-on while your subscription runs. For the free plugin we help through the wordpress.org forum and the help pages on kwazi.eu.

3. Support covers using Kwazi and how it works. Changes to your site or new features fall under installation or custom development.

4. If we ask for access to your site to help you, you grant it yourself, with a separate account that you remove afterwards. We only look at what your question needs.

9. Installation and custom development

We do installation, setup, custom development, web design and integrations based on a quote. Our general terms of sale for services apply to that work.

10. WordPress hosting

We offer WordPress hosting to businesses. What is included, the term, cancelling and the end are set out in article 12 of our general terms of sale for services.

11. Kwazi Cloud

1. Kwazi Cloud provides services that run through our servers, such as SMS and AI, with credits you buy in advance.

2. Credits stay valid for 12 months from purchase. Used and expired credits are not refunded. Unused credits fall under the refund in section 12.

3. You use Kwazi Cloud only for messages you have a valid basis for, such as consent or an ongoing appointment, and in line with the recipient's rules and the law.

4. Personal data. For the data that runs through Kwazi Cloud (for example a phone number and the text of an SMS), you are the controller and Kwazi BV is the processor. We process it only to provide the service, within the EU or with appropriate safeguards, and under the processor terms in our privacy policy. If you want a separate data processing agreement, we send one on request.

12. 14-day refund and right of withdrawal

1. For everyone. If you are not satisfied, you get the full amount back within 14 days of your first purchase of a subscription, hosting or credits, without a reason. This applies to businesses and consumers.

2. You request it in your account or by email to hallo@kwazi.be. As a consumer you may also use the model form below. We refund within 14 days, using the payment method you paid with.

3. With a refund, the licence key, updates, support and unused credits end.

4. The 14 days apply to the first purchase of a product, not to every renewal. We do refund a renewal you forgot to cancel if you ask within 14 days of the renewal and the add-on used no updates or support in that period.

5. Services on quote (installation, custom development): as a consumer you can withdraw within 14 days of your approval. If you asked us to start within those 14 days, you pay for the part we already did.

6. This arrangement includes the statutory right of withdrawal for consumers and goes further where possible.

13. Warranty and conformity

1. We deliver add-ons and services as described on kwazi.eu and in the quote, with the care you can expect from a professional.

2. Consumers have the statutory warranty on digital content and services. If something does not work as promised, we fix it; if that does not succeed within a reasonable time, you get a price reduction or your money back.

3. Kwazi runs on WordPress and alongside your theme, your hosting and other plugins. We do not manage those. Where a problem comes from there, we help you through support as much as we can.

14. Liability

1. Businesses. Our liability is limited to the amount you paid Kwazi BV in the 12 months before the damage. For the free plugin and your free account we are liable only for intent or gross negligence. We are not liable for indirect damage, such as lost profit, lost data or damage caused by an error in your site, hosting or backups.

2. Consumers. We are liable as the law provides. We never limit our liability for intent, gross negligence or personal injury, nor where the law forbids it.

3. Your data lives on your own site. You make regular backups yourself or through your hosting.

4. We are not liable for delay or downtime caused by force majeure, such as an outage at a provider beyond our control.

15. Changes to these terms

We may update these terms. We announce important changes by email at least 30 days in advance to everyone with a subscription. They apply from your next renewal; if you do not agree, cancel before that date. Orders always follow the version that applied at the time of ordering.

16. Law, disputes and language

1. These terms are governed by Belgian law.

2. If you have a complaint, email us at hallo@kwazi.be. We first look for a solution together.

3. Businesses: if that does not work, the courts of the judicial district of Limburg, Hasselt division, have jurisdiction.

4. Consumers: you can also contact the Belgian Consumer Ombudsman Service (consumentenombudsdienst.be). You can always go to the court of your own place of residence.

5. These terms exist in Dutch and English. In case of a difference, the Dutch text prevails.

Model withdrawal form (consumers)

Only complete and return this form if you wish to withdraw from the agreement.

To: Kwazi BV, Bevrijdingsplein 18, 3970 Leopoldsburg, Belgium — hallo@kwazi.be

• I hereby give notice that I withdraw from our agreement for the supply of the following digital content or service: …

• Ordered on: …

• Name: …

• Address: …

• Email address of my Kwazi account: …

• Date: …