Terms of Service for Wundamental.ai

Last updated on 23.02.2024

Introduction

Welcome to the Terms of Service for Clanbeat Education OÜ, also known as Clanbeat and referred to here as “Wundamental.ai”, “us”, “we” or “our”. Our company is registered in Estonia, with the registry code 14530865, and our address is at Tina Street 26, 10126 Tallinn, Estonia. Should you need to contact us, our email address is [email protected].

Operating under the legal framework of the Republic of Estonia, Wundamental.ai manages the website http://3.125.69.224 and its subdomains, hereafter collectively referred to as the “Website.” Our offerings include the Wundamental.ai web-based solutions, which encompass interfaces, software, databases, associated media, documentation, updates, and other integrated or related components. 

Current Terms are specifically designed to regulate the usage of Wundamental for Coaches (“WfC”) services, which are part of the broader Wundamental.ai solutions. The term “Platform” specifically refers to the dedicated web-based solution for WfC, and the services provided under WfC are collectively known as the “Services.” 

At Wundamental.ai, we’re dedicated to fostering leadership development for individuals seeking to enhance their own leadership skills or those of others. Our WfC Platform empowers coaches (“Coach”) to provide their clients (“Coachee”) with deeper insights, aiding their growth journey. Additionally, WtC is designed for anyone in a supportive role—be it a leader, mentor, etc.—to enrich the developmental process of those they guide.

We generate additional insights in the form of coaching session (“Session”) summaries (“Summaries”), utilizing models that incorporate the latest scientific research on insight generation, all powered by AI. These insight-driven Session Summaries are crafted to unlock greater value from each Session, offering access to extra data about the Session. This includes neutrally analyzed key takeaways, identified challenges, and potential solutions, extending beyond the scope of the Session itself. Our goal with this additional information and tools is to catalyze the Coachee’s growth.

These Terms are applicable to everyone who utilizes the Services. Upon acceptance by you, the user (hereinafter referred to as “User”), these Terms become a legally binding contract between you and Wundamental.ai governing your use of the Services (hereinafter referred to as “Agreement”). We are committed to ensuring clarity and transparency in our communications with users. Should you have any questions or need further clarification, please do not hesitate to reach out to us.

IMPORTANT DEFINITIONS

1. SERVICES
   1. The Platform currently offers the following features:
      1. Uploading the audio file from a Session
      2. Receiving Session Summaries focused on generating insights
      3. Gaining access to the transcript of the Session audio file
      4. Sharing or downloading the Session audio file
      5. Deleting all information related to Sessions
   2. The content and description of the Services are dynamic and may change over time to enhance the quality of the Services, improve user experience, and increase impact. The detailed scope of the Services and the opportunities available can be found on the Wundamental.ai Website and will be fully visible after you sign up for the Services.
2. ACCESSING THE SERVICES
   1. To use the Services, you, as the User, must create an account, sign in, and accept these Terms. Before utilizing the Services, it’s essential to secure consent from the individual whose development is the focus of the Session and who is being recorded, granting you the right to upload the Session’s audio file. Once you accept these Terms, a binding agreement between you and Clanbeat, based on these Terms, is considered to be established.
   2. When you provide personal details during the sign-up process and in the course of using the Services, you confirm that all the information given for registration is truthful, accurate, and complete. Additionally, any individual accessing the Services on behalf of a legal entity affirms they have the proper authorization to enter into a binding agreement on behalf of that entity.
   3. To clarify, no User is permitted to use the Services if they do not accept these Terms.
3. RIGHTS GRANTED TO USERS
   1. Under these Terms, Users receive a limited, non-exclusive license to access and use the Services and Platform.
   2. The Platform, along with all its features, is solely and exclusively owned and operated by Wundamental.ai. All intellectual property rights, such as copyrights, trademarks, service marks, and trade names found within the Platform, belong to Wundamental.ai, its affiliates, and/or licensed third parties.
   3. Unless required by applicable law, Users are not permitted to modify, translate, disassemble, decompile, or reverse engineer any part or all of the Platform.
   4. Utilizing the Services does not confer ownership rights to any of the Services’ content to the User.
   5. Users are strictly forbidden from engaging in the following activities:
      1. Utilizing the Services for any illegal purposes;
      2. Encouraging others to engage in illegal activities;
      3. Breaching any international, national, or local laws, rules, and regulations;
      4. Providing any false or misleading information;
      5. Uploading or transmitting viruses or any type of harmful code that could compromise the functionality or operation of the software, the Services, or any related technology;
      6. Using the Services for any obscene, offensive, or immoral activities;
      7. Transferring their account to someone else;
      8. Tampering with or bypassing the security features of the Services, any related website, other websites, or the internet at large;
      9. Circumvent any technical measures we use to provide the Services.
   6. Wundamental.ai cannot assure that the Services will always operate without interruptions, delays, securely, or without errors. Users should be aware that there may be times when the Services could be temporarily unavailable, including but not limited to, periods of scheduled maintenance or upgrades, emergency repairs, or because of issues with telecommunications links and/or equipment.
   7. Wundamental.ai is committed to continuously enhancing the Services. This may involve introducing upgrades, adding new functionalities, modifying existing features, or occasionally removing them. Please note, any updates or changes will be governed by these Terms, unless otherwise stated through separate terms and conditions provided specifically for those updates.
   8. Wundamental.ai retains the authority to modify, amend, or substitute any section of these Terms. We will inform Users of such updates during the provision of the Services, ensuring at least a 30-day notice period. If Users continue to use the Platform or the Services following the announcement of any changes, it will be considered as their acceptance of those modifications.
4. OUR RIGHTS
   1. Wundamental.ai reserves the right to refuse to provide the Services (including but not limited to access to the Platform) on the basis of the objective justification at any time (for example if the payments are overdue).
   2. The User will own the intellectual property rights to the content uploaded to the Platform by the User. However, the User hereby grants Wundamental.ai a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit any content that is uploaded by the User to the Platform or that evolves by the User’s use of the Platform or the Services to the extent that this is necessary for the provision of the Services. Primarily, this means that Wundamnetal.ai needs a license to be able to process audio files to offer Session Summaries and to display and make them available to the User him/herself.
   3. The User grants Wundamental.ai a right to generate anonymous statistics concerning the use of the Services. 
5. PRIVACY
   1. For the provision of the Services, Wundamental.ai needs to collect and process personal information about the Users (hereinafter “Personal Data”). Wundamental.ai processes personal data in accordance with our Privacy Policy, available at http://3.125.69.224/privacy. In case you have any questions regarding our privacy practices, you may contact us at [email protected].
6. LINKED SITES AND THIRD PARTY CONTENT
   1. Platform and the Services may include links to other websites or services or to third party content.
   2. Wundamental.ai may endorse linked sites or third party content or the information, material, products, or services contained on or accessible through linked sites referred to in the Platform when it is deemed valuable for the Users.
7. FEES AND PAYMENT
   1. Wundamental.ai may offer a certain amount of Session Summaries free of charge.
   2. The Services and use of the Platform may be subject to monthly, yearly or other fees (each a “Fee”) payable by the User as specified in the price list made available via Website or as communicated by Wundamental.ai to User by e-mail or any other means of communication.
   3. In case of subscription the Fee shall be paid by the User in advance at the start of every subscription period based on the package chosen by the User. The User has an opportunity to shift between the packages by upgrading or downgrading the usage of Services.
   4. Wundamental.ai reserves the right to change the Fee payable from time to time. We will notify you about such changes through the Website or by email. Section 4.8. shall apply in such a case.
8. LIABILITY AND INDEMNIFICATION
   1. The Services, the Platform and any content or features made available through the Website are provided “as is” and “as available” without any warranties of any kind either express or implied. Although Wundamental.ai works hard and gives its best to ensure that the Services are always available and in case of any interruption we we will do our best to fix such interruption as quickly as possible to ensure the best user experience, Wundamental.ai does not provide any guarantees regarding the Services, the Platform and/or the Website. In particular, we shall not be responsible for the following:
      1. Any interruption, discontinuance, suspension or other type of unavailability of the Website, the Platform or the Services;
      2. Any interruption or cessation of transmission to or from the Website, the Platform or the Services;
      3. Any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Website, the Platform or the Services;
      4. Deletion of, corruption of, or failure to store any content or data;
      5. The incompatibility of technologies used for accessing the Website, the Platform or the Services.
   2. The User agrees to use the Services only for purposes of supporting other people’s growth journey.
   3. Wundamental.ai is not liable for any breach or damages that is caused by incorrect, incomplete or misleading information provided by User upon the use of the Services.
   4. Wundamental.ai is liable for any breach of this Agreement only to the extent the breach by Wundamental.ai is intentional or grossly negligent.
   5. Wundamental.ai’s liability in respect of any Services provided to User shall be limited to the total amount of Fee(s) the User has actually paid for such Services. Wundamental.ai shall not be liable for any damages other than direct proprietary damages. Any limitations of our liability set out in these Terms shall not apply in case of any intentional breach of the Agreement by Wundamental.ai.
   6. Wundamental.ai shall not be liable for anything that is the result of any events beyond our reasonable control (“Force Majeure”), including, but not limited to, acts of nature,  storm, fire, earthquake, explosion, pandemic, flood, war, insurrection, riots, terrorism, crime, labour shortages and strikes, lockout or other industrial action, embargoes, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.
9. TERM AND TERMINATION
   1. The Agreement is concluded without a term.
   2. The User can cancel the Services anytime during the usage of Service and will not be billed for next period’s Services.
   3. The User is not accountable for refund for the subscription period seh/he has already paid.
   4. Wundamental.ai is entitled to terminate the Agreement extraordinarily without prior notification with the User if the User has materially violated the Agreement.
10. GOVERNING LAW AND JURISDICTION
    1. These Terms are governed by the laws of the Republic of Estonia.
    2. Any disputes arising from these Terms of Service will be settled in the Harju County Court in the Republic of Estonia.
11. MISCELLANEOUS
    1. If any term of these Terms of Service is held to be invalid, unenforceable or illegal in whole or in part for any reason, that term shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, or portions of them, will not be affected.

PERSONAL DATA PROCESSING AGREEMENT

This personal data processing agreement (the “Data Processing Agreement”) is an annex to the agreement (the “Agreement”) between Wundamental.ai and the User (each also a “Party” and collectively the “Parties”) under which Wundamental.ai provides the User the access to WfC Platform and Services (the “Services”).

In connection with the provision of the Services under the Agreement, Wundamental.ai processes certain User’s personal data. To ensure the secure, correct and lawful processing of personal data, the Parties have agreed to supplement the Agreement and enter into this Data Processing Agreement as an annex to the Agreement. 

In case of a conflict between the Agreement and the Data Processing Agreement with regard to the processing of personal data, the Data Processing Agreement shall prevail and apply.

1. GENERAL PROVISIONS
   1. The terms used in the Data Processing Agreement are used in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the “GDPR”) or in the meaning given to them in the Agreement.
   2. In the context of Article 28 of the GDPR, the User is the data controller of the personal data made available to Wundamental.ai in the course of the provision of the Services and Wundamental.ai is the data processor.
2. GENERAL OBLIGATIONS OF WUNDAMENTAL.AI
   1. Wundamental.ai shall process personal data only in accordance with the applicable law, the terms of the Agreement and the terms of this Data Processing Agreement.
   2. Wundamental.ai shall process personal data only for the purposes described in the Annex A of the Data Processing Agreement. 
   3. If required by applicable law, Wundamental.ai shall designate a competent data protection officer in accordance with the applicable law and shall provide the User the name and contact details of the data processing officer. 
   4. Wundamental.ai shall keep records of all the data processing operations carried out on behalf of the User in accordance with the requirements under the GDPR. 
3. GENERAL OBLIGATIONS OF THE USER
   1. The User confirms and warrants that upon sharing any personal data to Wundamental.ai, Wundamental.ai is entitled to further process such personal data for the purposes of performing the Agreement, including that Wundamental.ai can provide the Services.  
   2. The User confirms and warrants that upon transferring any personal data to Wundamental.ai (including any personal data concerning the person whose growth Session recording is been used), the User has acquired all necessary authorisations, consents and permits required by applicable law and the GDPR to submit such personal data to Wundamental.ai.
   3. The User confirms and warrants that upon sharing any personal data to Wundamental.ai, all personal data submitted by the User to Wundamental.ai is accurate, true, relevant and necessary with reference to the performance of the Agreement.
4. CONFIDENTIALITY
   1. Wundamental.ai shall ensure the confidentiality of the personal data processed on behalf of the User. 
   2. Wundamental.ai shall ensure that no unauthorised third parties can access the personal data processed on behalf of the User, for example, employees, who do not need access in relation to the performance of their duties or other service providers, for example, IT service providers etc., who in this specific case do not need access to the personal data in relation to the performance of their duties.
   3. Wundamental.ai shall ensure that all the representatives, the employees of Wundamenatl.ai and other persons who through Wundamental.ai come into contact with the personal data processed on behalf of the User are subject to the confidentiality obligation assumed under a contract or the law and Wundamental.ai shall ensure that their representatives, employees and other persons acting for its benefit maintain the full confidentiality of the personal data.
   4. Wundamental.ai shall ensure that all the representatives, the employees of Wundamental.ai and other persons who through Wundamental.ai come into contact with the personal data processed have received appropriate training and instructions for the processing of personal data in accordance with the Agreement, Data Processing Agreement and the applicable law. 
5. SECURITY MEASURES
   1. Wundamental.ai shall ensure the security of personal data processing for the purposes of protecting personal data from accidental or unauthorised processing, disclosure or destruction.
   2. Taking into account the state of the art and costs of implementation, and the nature, scope, context and purposes of the personal data processing as well as the risk to the rights and freedoms of natural persons, of varying likelihood and severity, that may result from personal data processing, Wundamental.ai shall apply appropriate technical and organisational measures upon personal data processing to ensure the security of personal data. 
   3. Upon the application of appropriate technical and organisational measures, Wundamental.ai shall ensure the capacity of the applied processing measures to ensure the ongoing confidentiality, integrity, availability and resilience of personal data. 
   4. Wundamental.ai shall inter alia ensure that upon personal data processing, Wundamental.ai shall use up-to-date information technology solutions, the security of which is regularly tested, ensure that access to Wundamental.ai’s IT systems and premises is regulated and controlled, ensure the use of up-to-date antivirus and spyware programmes.
   5. Wundamental.ai shall log all data processing operations carried out on behalf of the User so that there are log entries on viewing, amending, transferring and deleting personal data. 
   6. The User has the right to authorise an auditor to audit the activity of Wundamental.ai with regard to the performance of the Data Processing Agreement in accordance with the GDPR. The User or Users employer shall notify Wundamental.ai of the audit at least 60 days in advance. The User or an auditor appointed by the User shall carry out the audit during regular working hours and so that the audit interferes with the regular business activity of Wundamental.ai as little as possible. 
6. PERSONAL DATA BREACH
   1. In case of a personal data breach or suspected personal data breach, Wundamental.ai shall as immediately as possible notify the User of this. In case of a personal data breach of suspected breach or an incident that is likely to escalate into a personal data breach, Wundamental.ai shall send to the User a notification about the personal data breach, which shall include at least the following information: 
      1. A description of the nature of the personal data breach;
      2. The categories and approximate number of data subjects concerned;
      3. The categories and approximate number of personal data records concerned; 
      4. The name and contact details of the data protection officer or other contact person of Wundamental.ai if applicable;
      5. The likely consequences of the personal data breach, incl. the likely consequences to data subject;
      6. Measures taken or proposed to be taken by Wundamental.ai to address the personal data breach or measures to mitigate its possible adverse effects.
   2. Wundamental.ai shall send the notification specified in section 6.1 above to the User immediately and if possible not later than within 24-48 hours as of the occurrence of the personal data breach. 
   3. In case and insofar as Wundmental.ai is not able to submit the information described in section 6.1 to the User within the term set forth in section 6.2, Wundmental.ai may submit the information to the User in phases but without undue further delay. 
   4. Wundmental.ai shall cooperate fully with the User for the purposes of preventing personal data breaches. If a personal data breach occurs, Wundmental.ai shall cooperate fully with the User to address the personal data breach as efficiently and quickly as possible and/or mitigate its possible adverse effects. 
   5. Wundmental.ai shall document all personal data breaches, including the facts relating to the personal data breach, its effects and the remedial action taken.
7. RETURN, DELETION AND DESTRUCTION OF PERSONAL DATA
   1. Upon each request of the User and/or after the termination of the Agreement, Wundamental.ai shall delete all personal data processed on behalf of the User unless Wundamental.ai has a legal basis to retain certain data. 
8. SUBPROCESSORS
   1. If Wundamental.ai uses subprocessors, Wundamental.ai shall assume full liability for the subprocessor to process personal data in accordance with the applicable law and this Data Processing Agreement. 
9. LIABILITY
   1. Wundamental.ai shall not be liable for any administrative fine imposed on the User, damage caused to the User or a claim submitted against the User if these are based on a breach by the User and/or if Wundamental.ai has not committed such violation. 
10. VALIDITY
    1. The Data Processing Agreement shall be valid from the acceptance of the Terms (i.e. as the moment of conclusion of the Agreement) by the User until Wundamental.ai is processing personal data on behalf of the User or until the end of the term of Agreement, whichever is the later.
11. FINAL PROVISIONS
    1. The Data Processing Agreement is governed by the laws of the Republic of Estonia. 
    2. Disputes arising from the Data Processing Agreement will be resolved by negotiations or in Estonian courts, the Harju County Court being the court of first instance. 

ANNEX A to the Data Processing Agreement

1. PURPOSE OF DATA PROCESSING
   Provision of the Services in accordance with the Agreement.
2. DATA SUBJECTS
   Any natural person using Wundamental.ai Services.
3. CATEGORIES OF PERSONAL AND SERVICE USAGE DATA
   Identification data: first name, family name
   Contact data: e-mail
   Business related data: name of the employer or the name of the company been owned (if the the Service is used as legal entity, otherwise optional)
   Other data: other data that is shared by the User in the course of using the Services (for example in the form of audio recordings).
   Usage data: data concerning the use of the Services and the content therein (preferred subscription package, usage of (optional) features, pace of customer journey etc). Please be noted that we use usage based analytics data only in a generalised and anonymised form.
4. PROCESSING OPERATIONS
   Wundamental.ai processes the data in order to provide the Services in accordance with the terms of the Agreement.
5. PROCESSING PERIOD
   The term of the Agreement.
6. SECURITY MEASURES
   The data is stored in a secure database platform MongoDB Atlas (ISO 27001, ISO27017, ISO27018 and SOC 1, 2, 3 compliance).
   Wundamental.ai communicates with the database through the API. Each API request is made over a secure SSL connection and must include a valid token. The permit is valid for one hour.