WebDraco – SaaS & Commercial Services
Effective Date: January 2026
Version: 1.0
WebDraco
Legal form: eenmanszaak
Registered with the Kamer van Koophandel under KvK number 99737132
BTW-id: NL005407522B88
Address: Houtweg 212, 7823 PM Emmen, The Netherlands
Contact: info@webdraco.com
1. Scope and Acceptance
These Terms of Service (“Terms”) govern access to and use of the WebDraco website, cloud-hosted services, managed services, self-service subscriptions, and any related software, platforms, or services provided by WebDraco (collectively, the “Services”).
By accessing, subscribing to, purchasing, or using any Service, you (“Customer” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with these Terms, you must not access or use the Services.
2. Order of Precedence
In the event of conflict, the following order of precedence applies:
- A signed proposal, order form, or contract (if applicable)
- Data Processing Agreement (DPA), if applicable
- Service Level Agreement (SLA), if applicable
- Software License
- Support & Maintenance Policy
- Pricing and Service Layers (informational unless explicitly incorporated)
- These Terms of Service
- Other referenced policies or documentation
3. Eligibility and Account Registration
To use the Services, you must:
- Be legally capable of entering into a binding agreement.
- Provide accurate, complete, and current information during registration.
- Maintain the confidentiality of your account credentials.
You are responsible for all activities performed under your account, whether authorized or not.
4. Service Provision and Delivery
WebDraco provides Services on a subscription or licensed basis, depending on the selected offering:
- Cloud / SaaS: Managed service hosted and operated by WebDraco.
- On-Premise: Licensed software operated on Customer infrastructure.
- Add-ons & Services: Provided only if explicitly agreed in writing.
Service functionality, scope, and response commitments depend on the selected service layer and applicable agreements.
5. Acceptable Use
You agree not to:
- Use the Services for unlawful or fraudulent activities.
- Attempt to bypass license enforcement, access controls, or security mechanisms.
- Interfere with or disrupt system integrity or performance.
- Perform automated scraping, penetration testing, or load testing without written authorization.
- Use the Services in a manner that exceeds defined resource limits or fair use thresholds.
Abusive or unauthorized use may result in suspension or termination.
6. Fees, Billing, and Taxes
6.1 Subscription Fees
Fees are billed according to the selected plan (monthly or annually) as displayed at the time of purchase or defined in a proposal.
6.2 Auto-Renewal
Unless cancelled before the renewal date, subscriptions automatically renew for the same billing period.
6.3 Payment and Invoicing
- Payments are due in advance.
- Invoices are issued electronically.
- Failure to pay may result in suspension or termination.
6.4 Taxes
Prices exclude VAT or other applicable taxes, which are applied according to EU regulations.
7. Cancellation and Termination
7.1 Cancellation by Customer
Customers may cancel subscriptions via the account interface or written notice.
Cancellation takes effect at the end of the current billing period. No refunds are provided for unused time.
7.2 Suspension or Termination by WebDraco
WebDraco may suspend or terminate access immediately in case of:
- Non-payment
- Material breach of these Terms
- Security risk or abusive usage
- Legal or regulatory requirements
8. Data, Privacy, and Security
Processing of personal data is governed by the Privacy Policy and, where applicable, a Data Processing Agreement (DPA).
WebDraco applies security and backup measures as documented in the Backup & Security Policy. Customers remain responsible for their own internal security, access management, and compliance obligations.
9. Intellectual Property and Licensing
WebDraco is the commercial entity providing the Services.
All intellectual property rights in the Software and underlying technology remain with the Author.
Use of the Software is governed exclusively by the Commercial Software License, which is incorporated by reference.
10. Confidentiality
Each party agrees to keep confidential any non-public, proprietary, or sensitive information received from the other party in connection with the Services, except where disclosure is required by law or permitted under an applicable agreement.
11. Warranty Disclaimer
The Services and Software are provided “as is” and “as available”, without warranties of any kind, whether express or implied.
WebDraco does not warrant uninterrupted operation, error-free performance, or legal or regulatory compliance of Customer use cases.
12. Limitation of Liability
To the maximum extent permitted by law:
- WebDraco shall not be liable for indirect, incidental, consequential, or special damages.
- WebDraco’s total liability shall not exceed the fees paid by the Customer during the 12 months preceding the claim.
Nothing in these Terms limits liability for willful misconduct or liabilities that cannot be excluded under applicable law.
13. Changes to the Services or Terms
WebDraco may modify the Services or these Terms to reflect legal, technical, or operational changes.
Material changes will be published on the website or notified through the Service. Continued use constitutes acceptance of the updated Terms.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the Kingdom of the Netherlands.
Any disputes shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
16. Professional Services Disclaimer
Unless expressly agreed in a separate written engagement, WebDraco does not provide legal advice, tax advice, accounting certification, statutory audit services, or regulatory certification through its software, website, or standard support offerings.
17. Contact
For legal, commercial, or contractual inquiries:
📧 info@webdraco.com
🌐 https://www.webdraco.com
“Professional software is not a transaction. It is a long-term responsibility.”
