These terms of use apply to all services and data provided or made available by Haistory srl, a company registered in Belgium with Company Number BE0783576589 and located at Avenue Commandant Lothaire 54, 1040 Etterbeek, Belgium, under the commercial name Webaldic, (“Webaldic”), to you (the “Customer”).

1. Webaldic provides a service to identify coats of arms by matching an image submitted by the Customer with the records of its database of coats of arms and related information (the “Database”).

2. Subject to the Customer’s full compliance with these terms of use, Webaldic grants the Customer access to the Database via a web interface to perform searches on the Database and to obtain access to Webaldic’s ancillary services (jointly the “Service”).

3. The Customer’s access to the Service depends on the type of his subscription. Access can be restricted by, for example, the amount of searches the Customer can perform in a certain period of time, or the availability of  certain features of the Service.

4. The agreement is concluded with the Customer for renewable terms of one year with pre-payment of licence fees in accordance with the subscription type of the Customer. The agreement will be renewed automatically unless the Customer or Webaldic notifies the other party in writing one month prior to the end of the term.

5. Subscription fees will be invoiced in the first month of the term or prior to the term. If applicable, pay-per-use fees may be invoiced by Webaldic during the term. Invoices are payable within 15 days of the invoice date. If the  Customer orders additional options in the course of a year, the fees will be invoiced upon activation of such options at a pro rata basis for the remainder of the year. Webaldic has the right to charge interests for overdue payments at a rate of 1% per started month and an administrative fee of 100 EUR per reminder (with a maximum of one reminder per month).

6. Webaldic has the right to adjust subscription fees. Such adjustments will be notified to the Customer by e-mail and will apply as from the next renewal of the Customer’s agreement. If the notification of price increases occurs in the last month of the applicable term of the Customer’s agreement, the  Customer has an additional 2 weeks to notify his intent to terminate the agreement.

7. Webaldic has the right to terminate the Customer’s account without cause with one month prior notice. If such termination occurs during the term, Webaldic will proceed with pro rata reimbursement of the Customer’s licence fee within one month of termination.

8. Access is provided to the Customer via user accounts that are, depending on the subscription type, either (1) personal to the Customer or, (2) for organisations, personal to employees and/or contractors of the Customer (“End-Users”). Organisations with multiple End-Users will provide Webaldic with a list of End-Users in its organisation that require an account, including the first and last name of the End-User and the End-User’s e-mail address. The Customer may be requested to designate one End-User that will manage the Customer’s account via the  administrator account (the “Administrator Account”). All other End-Users will be provided a login and a password for a regular user account (the “User Accounts”). The Customer warrants and represent that Webaldic has the right to use and process the End-Users’ name and e-mail address for the purpose of creating a User Account.

9. The Customer warrants and represents that all and any End-Users will comply with these terms of use. The Customer is liable for any use made of the Service by the End-Users under his account.

10. User Accounts and the Administrator Account are personal to the End-User. The Customer will not, and will  cause End-Users not to, provide access to the Database to individuals that are not End-Users with an account. The Customer will inform Webaldic if a new account must be created for an End-User. The Customer will inform Webaldic in writing if an individual leaves the Customer’s organisation. Webaldic will delete such users’ accounts. If the Customer does not inform Webaldic, continued use of such user’s account after he or she has left the  Customer’s organisation will be subject to fees paid by the Customer.

11. Webaldic has the right to terminate the agreement with the Customer if the Administrator Account or a User Account are used by unauthorised individuals outside of the Customer’s organisation. The Customer will notify Webaldic in writing if he has knowledge of, or reasons to assume, access to User Accounts within his account by unauthorised third parties. The Customer authorises Webaldic to monitor the use of the Database by means of technical tools.

12. The Customer acknowledges Webaldic’s ownership of the Database and all and any rights in relation thereto, including all rights to (without limitation) the arrangement of information, the software as well as the underlying parameters and algorithms used to sort that information.

13. The Customer accepts and acknowledges that Webaldic has expended and continues to expend substantial efforts and investments in obtaining, verifying, sorting and presenting the coats of arms in the Database. The Customer  acknowledges that the Database is an original compilation of the coats of arms. The Customer acknowledges that the way the coats of arms are compiled, organised and arranged is a trade secret of Webaldic.

16. The Customer is allowed to perform searches on the Database via the web interface for use permitted under his subscription. Commercial use will only be permitted under subscriptions allowing such use. Commercial use means any use of the Service for direct or indirect commercial gain (e.g. use to identify a coat of arms on a product prior to sale or auctioning of a product).

17. No searches may be performed on the Database that are not initiated by a single request made by an End-User via the web interface with human intervention. The Customer and the End-Users will refrain from, without limitation, reproducing, making available, decompiling, modifying, scraping of the Database or a substantial part thereof. The Customer and End-Users may not subject the Database to software tools to extract or analyse data, including tools for scraping, crawling, grabbing, machine learning, data mining and artificial intelligence, except as permitted by mandatory law. In any case, Webaldic does not allow scraping or data mining for commercial purposes or for the purpose of developing a competing service. Webaldic may include markers in the Database. These markers may include ghost entries in the Database and markers embedded in Database entries. The Customer will immediately notify Webaldic in writing of any event or action that causes or may cause unauthorised access,  disclosure or publication of the Database, or parts thereof. The Customer will provide appropriate assistance to actions directed to stopping further dissemination or disclosure.

18. Webaldic encourages End-Users to use the Database as a tool for academic or any other publications within the framework of their rights under these terms of use. Such publications should properly attribute Webaldic as a source and not disclose the Database or substantial parts of the Database. If publications are based on massive searches of the Database or datasets that are otherwise provided by Webaldic, authors will provide a draft of the publication to Webaldic prior to publication so as to ensure that data is not misrepresented or misconstrued.

19. Webaldic will use reasonable efforts to maintain the availability of the Database to the Customer and the End-users but Webaldic does not guarantee 100% availability. The Customer acknowledges and accepts that the availability of the Service is subject to the availability of third party services and products (including web hosting) and that, in result, the availability may be dependent on events and services beyond Webaldic’s control. Temporary downtime of the Database for technical or maintenance reasons will not be considered a breach of Webaldic’s obligations under this agreement.

20. Webaldic may update, upgrade or otherwise modify the Database and the Service to improve its services, without prior notice to the Customer and End-Users. Webaldic will exert best efforts to repair bugs or other deficiencies in its services but it provides no remedies or warranties in this respect.

21. Webaldic collects and compiles the contents in the Database with care. However, the Database is provided on an “as is” basis, without any warranties regarding the accuracy or completeness of the information, fitness for any particular purpose or warranty in terms of availability. Except in case of fraud or intentional fault or negligence, Webaldic disclaims all and any liability for its services and the consequences of access to and use, misuse or interpretation of the Database and the information contained therein, to the maximum extent permitted by law. In particular, the Customer accepts (1) that heraldry is based on historic sources and image matching may not be perfect and (2) that although Webaldic exerts substantial efforts to regularly add to its collection, the Database cannot include all and any coat of arms. It is the Customer’s sole responsibility to independently verify any information obtained via the Service, prior to relying on such information for sales or other purposes.

22. The Customer undertakes to, and represents and warrants that End-Users will, only use the Database for lawful purposes permitted under these terms of use. The Customer undertakes to comply with any legal or regulatory requirement relevant to access to and use of the Database. The Customer acknowledges and accepts that any use and dissemination of the Database, in whole or in part, other than as permitted in these terms of use would cause significant harm to Webaldic.

23. The Customer represents that all End-Users accept the Privacy Statement of Webaldic. The Customer will indemnify Webaldic and hold it harmless for any claim resulting from the non-acceptance or compliance of an End-User with the Privacy Statement. Webaldic may monitor End-Users’ activities on the Database to improve its products and services and to monitor compliance with these terms of use. Webaldic undertakes to take technical and organisational measures to ensure that personal data is secured.

24. Webaldic may temporarily suspend access to the Database in case the Customer or its End-User access or use the Database in violation of these terms of use and/or in case the Customer defaults on its obligations, including without limitation the payment obligations. Webaldic will notify the Customer of such suspension and its reasons by e-mail to the Administrator Account. Suspension of access will not suspend or otherwise affect the Customer’s obligations under these terms of use. In case the Customer does not remedy the reasons for the suspension within 15 days of such notice or in the event of a material breach by the Customer that affects the stability or security of the Database, Webaldic may terminate the agreement with the Customer by written notice and/or it may, at its discretion, permanently withdraw the Customer’s access to the Database.

27. The Customer may not assign its rights or obligations under these terms of use to a third party without Webaldic’s prior written consent. Webaldic may assign its rights and obligations by 30 days written notice to the Customer.

28. In case any provision of these terms of use is found invalid or unenforceable by a court having jurisdiction to do so, such finding will not affect the validity of the entire agreement. The parties will replace the invalid or unenforceable clause by a provision that is valid and enforceable and that produces the effect of the affected clause to the maximum extent permitted by law.

29. Webaldic has the right to amend these terms of use from time to time. Such amendments are notified to the Customer by e-mail to the Administrator Account and will enter into effect within 15 days of such notice.