Terms of Service

1. Cover Page

This Cover Page and Key Terms together with the Standard Terms and hyperlinked documents herein (which are incorporated by reference) form the agreement (the “Agreement”) between Wiggli SA and the Customer identified below. By signing, or by clicking “I Agree”/“Subscribe”, or by accessing or using the Services, the Customer accepts the Agreement.

2. Order Form

Provider: WIGGLI SA, registered in Belgium (BCE No. BE0678.483.029), registered office at 2 Boulevard de la Woluwe, 1150 Brussels, Belgium (“Wiggli” or “Provider”).

Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.

Product / Modules Selected: Wiggli Core AND/OR Wiggli Intelligence

Effective Date or Order Date: date on which Customer first accepts as described above.

Subscription Period: 

• Wiggli Core: 12 months from the Effective Date. 
• Wiggli Intelligence: 12 months from the Effective Date for yearly Subscriptions OR 1 month from the Effective Date for monthly Subscriptions

Non-Renewal Notice Date: 

• Wiggli Core: 60 days prior to the end of the then-current Subscription Period.
• Wiggli Intelligence: 60 days prior to the end of the then-current Subscription Period for a 12-month Subscription Period OR on or before the last day of the then-current Subscription Period for a monthly Subscription Period. 

Product, Use Limitations, Fees & Billing: The modules and pricing plans for the Product are set out here. Customer will pay Provider the applicable Fees based on the Product modules, options subscribed to and based on Customer’s usage and any Use Limitations. Third party charges are payable in addition to any Fees. Where the Customer uses the multiposting feature or API to post to third-party job boards, the Customer is liable for all associated costs, including third-party posting fees, on a pay-as-you-go basis at the rates in force set out in our platform, subject to the Customer’s own contracts with those providers, payable within 30 days of invoice. Wiggli may monitor use to ensure proper billing. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply at the start of the next Subscription Period unless otherwise stated.
All Fees and Customer’s usage and Use Limitations are subject to the Fair Use & AI Credits Policy (available soon). Wiggli may update the content, functionality and user interface of the modules to the Product from time to time, subject to the General Terms.

3. Key Terms

Technical Support: Wiggli shall provide the support to the Customer as set forth in the SLA and provide security measures consistent with Provider’s Security Policy.

Governing Law: Belgium.  Chosen Courts: the courts of Brussels, Belgium (exclusive).

Provider Covered Claim (IP indemnity): third-party claims that the Product, used per the Agreement, infringes that third party’s IP rights (excluding claims arising from Customer Content, Enrichment Data, unauthorised modification, or combination with items not provided by Provider).

Customer Covered Claim: claims arising from Customer Content, the Customer’s use of AI outputs or Enrichment Data or breach of the AUP or AI & Data Terms or any breach of the Additional Warranties.

General Cap Amount: the total Fees paid or payable for the Product in the 12 months preceding the claim. Provider’s liability for Free Services is capped at EUR 100 where such amount cannot be zero under applicable Governing Law.

Increased Claims: a party’s breach of its obligations under the DPA or breach of Section 10 (Confidentiality) of the General Terms shall not exceed 200% of the total Fees paid or payable for the Product in the 12 months preceding the claim.

Unlimited Claims: Provider Covered Claims and Customer Covered Claims.

Early Termination: if Customer terminates for convenience during a Subscription Period or if Provider terminates for Customer’s material breach, all Fees through the end of the Subscription Period become payable and no prepaid Fees are refunded.

Data Processing: Where Customer is Controller and Wiggli is Processor, the DPA applies. In all other cases, including as set forth in the AI & Data Sourcing Terms, the parties act as separate, independent Controllers.

Free Services: means any trials or beta services of the Product which Provider grants to Customer free-of-charge on a discretionary basis.

Additional Warranties: Customer represents and warrants that it, all Users, shall comply with the terms of the AUP, AI & Data Terms and Fair Use & AI Credits Policy (available soon).

User means any single, one human individual logged in user who uses the Product on Customer’s behalf or through Customer’s account.

4. Additional Terms 

Use of the Product is additionally subject to the AUP, AI & Data Terms and Fair Use & AI Credits Policy (available soon). Free Services are provided “as is”, may be suspended, limited or terminated at any time without notice and without liability, and are excluded from all Provider warranties. For the avoidance of doubt, the Agreement (except for the SLA) shall apply to all Free Services. Where purchased, the following are governed by their own separate terms to be concluded separately with the Provider: (i) Employer Branding Terms; and (ii) Professional Services / Statement of Work. 

Third Party Apps: Customer may choose to use the Product with third-party platforms, products or services, including offerings made available through the Wiggli API or Wiggli’s App Marketplace ("Third Party Apps"). Third Party Apps are not Wiggli’s Product. Customer's use of Third Party Apps is subject to the third-party provider's terms of use. Using Third Party Apps with the Product may require the Third Party App to access Customer Content. If Customer chooses to use Third Party Apps with the Product, Customer authorises Wiggli to provide such access on its behalf and for its account. Wiggli makes no representation or warranty as to the Third Party Apps, any interoperability between the Product and the Third Party Apps, or the continued availability of the Third Party Apps. 

Hierarchy of Terms: This Agreement is made up of the following documents, which in the event of any conflict or inconsistency take precedence in the following descending order: 

(a) the Cover Page, Order Form and Key Terms; and 

(b) each hyperlinked terms, but only for the subject matter each hyperlink specifically governs (and, in respect of personal data, the DPA and any links contained therein); and 

(c) the Standard Terms. 

Provider may amend any of the hyperlinked or incorporated terms and policies from time to time by posting an updated version in the Product or sending by email to the Customer’s registered email address. Provider will use commercially reasonable efforts to give the Customer at least 30 days’ advance notice of any changes it considers material before they take effect. The Customer’s continued access to or use of the Product after the change takes effect constitutes acceptance of the amended terms.

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