Whombat Terms of Service

Who can use Whombat

• Whombat is for businesses and other organizations, not for consumers. Whoever sets up your organization, accepts terms or claims a Whombat confirms that they may do so on your organization's behalf.
• Everyone who uses Whombat needs their own account and has to be at least 16 years old.

Accounts and your organization

• Give us accurate information, and keep it up to date, especially the email addresses you sign in with.
• Keep your sign-in secure: your email inbox, your passkeys, and the devices you've added to your Whombat. Tell us straight away at [email protected] if you think someone else has access.
• Your organization's owners decide who joins, which role each person has, and which devices may reach your Whombat. You're responsible for what the people you let in do with Whombat, and for removing people who should no longer have access.

What we provide

• We provide the service as described on our website and in the apps, with reasonable care and skill.
• We keep improving Whombat, so features change. We won't remove something that is essential to your plan without telling your owners in advance. Features marked as preview or beta may change or disappear at any time.
• We work to keep the service available, but we don't promise that it's never interrupted. Maintenance, updates and problems outside our control can make parts of it unavailable for a while. Unless we've agreed on a service level in writing, there is no guaranteed uptime. If our cloud services can't be reached, your Whombat keeps running and your data stays safe on it, but your devices can't connect to it until the service is back.

Your content

Acceptable use

You may not use Whombat, or let anyone else use it, to:

1. break the law, or violate anyone's rights, including their privacy and intellectual property;
2. store or spread malware, or attack, probe or disrupt the service, our relay or anyone else's systems;
3. get around the limits of your plan, rate limits, the licence check or any other technical protection;
4. send spam, or pretend to be someone you're not;
5. resell, rent or give access to the service to anyone outside your organization, unless we've agreed to it in writing;
6. have agents do anything you wouldn't be allowed to do yourself.

Security research is welcome if you report what you find to [email protected] first, don't access other customers' data, and don't disrupt the service.

Agents, AI providers and other services

• Your Whombat runs agents on AI providers, such as Anthropic or OpenAI, that your people sign in to with their own subscription or API key. It can also connect to services such as GitHub or Google. Your agreements with those providers apply to that use, and you're responsible for following them. We aren't a party to them, and we aren't responsible for those services.
• AI output can be wrong, incomplete or unsuitable. Check it before you rely on it, especially before you publish it, run it, or use it to make decisions about people.
• You decide what your agents may do: which tools and connections they get, and what needs an approval first. You're responsible for the actions they take with the access you give them.

Fees

What you pay, how and when is in the Whombat Subscription Terms. Prices exclude VAT.

Our rights

The service, the apps, the appliance software, the Whombat name and logo, and everything else we provide belong to us or our licensors. Except for the rights these terms and the Appliance Terms give you, we keep all rights. Some parts are published as source code or are open-source software under their own licences; those licences apply to those parts.

If you send us ideas or feedback, we may use them freely, without any obligation to you.

Suspension and ending

• You can stop at any time: cancel your subscription in Billing and, if you like, delete your accounts. How cancelling works is in the Subscription Terms.
• We may suspend your organization's access to our cloud services, or specific accounts, if you seriously or repeatedly break these terms, if your use puts the service or other customers at risk, or if the law requires it. We'll tell your owners first and give you a chance to fix it, unless the risk is urgent or the law doesn't allow it. We end the suspension once the reason is gone.
• We may end these terms with at least 30 days' notice to your owners, or straight away for a serious breach that you don't fix within 14 days of our notice.
• Whatever the reason, your content stays on your Whombat, and you can keep reading, exporting and recovering it, as the Appliance Terms describe. What happens to the data in our cloud is in the Privacy Policy.

Sections 4, 8, 10, 11 and 13 continue to apply after these terms end.

Warranties

We provide the service with reasonable care and skill, as described in section 3. Beyond that, and as far as the law allows, the service is provided “as is”: we don't promise that it's error-free, uninterrupted or suitable for a particular purpose, or that AI output is accurate.

Liability

• Our total liability arising out of or in connection with Whombat, in any year, is limited to the amount your organization paid us in the 12 months before the event that caused the damage.
• We're not liable for indirect or consequential loss, such as lost profits, lost revenue, business interruption or lost data. You control your data and its backups, so keep them up to date.
• These limits don't apply to damage caused by our intent or deliberate recklessness, to death or personal injury, or wherever else the law doesn't allow liability to be limited.
• You're liable to us for claims by third parties that arise from your content or from use of Whombat that breaks these terms.

To claim damages, you have to tell us in writing within a reasonable time after you discover the damage, and at the latest within 12 months.

Changes to these terms

We may change these terms. We'll tell your owners by email at least 30 days before a change that works against you takes effect. If you don't agree with it, you can cancel before it takes effect. If you keep using Whombat after that, the new terms apply. The version at the top shows which terms are current.

Law and disputes

These terms are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. Disputes go to the competent court in the Netherlands, unless the law requires otherwise. We'd like to hear from you first: most problems are solved faster by talking.

General

• These terms, with the documents listed at the top, are the whole agreement between us about Whombat. Your own purchasing or general terms don't apply.
• You may not transfer this agreement without our written consent. We may transfer it to a company that takes over Whombat, and we'll tell you if we do.
• If part of these terms turns out to be invalid, the rest still applies, and the invalid part is replaced by a valid one that comes as close as possible to what was intended.
• Not enforcing a right straight away doesn't mean we give it up.
• Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as major outages of internet or hosting providers, natural disasters or government action.
• We send notices by email to your organization's owners. You can reach us at [email protected].

Contact