Last updated 28th of January 2021
Welcome to the Terms of Wandler.fm. This document outlines the general terms to which you agree when signing up for an account under wandler.fm.
These terms also apply to individuals that are using the Wandler.fm service to listen, view, comment or download any media assets.
Wandler.fm is an online service developed and maintained by Dausinger Digital EURL (hereinafter “SERVICE PROVIDER”),, a company incorporated under French laws with a capital of 1 000 euros. Its head office is located at 79 rue du Commerce, 75015, France, registered in the RCS Paris under the number 804 433 373.
By registering on the WEBSITE or using the WANDLER SERVICE, the CUSTOMER acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of WANDLER SERVICE. The SERVICE PROVIDER strongly advises the CUSTOMER to print and/or save a copy of the Terms of WANDLER SERVICE.
These Terms of WANDLER SERVICE may be amended from time to time. It is the CUSTOMER’s responsibility to review these Terms of WANDLER SERVICE frequently and to remain informed of any changes implemented. The CUSTOMER agrees that the continued use of the WANDLER SERVICE after such changes to the Terms of WANDLER SERVICEs have been published will constitute the CUSTOMER’s acceptance of such revised terms.
In this agreement, words or phrases that are capitalized shall have the following meanings:
“ACCOUNT” means the account of the CUSTOMER after entering into the AGREEMENT, which enables the CUSTOMER to use the WANDLER SERVICE.
"AGREEMENT" means the agreement constituted by these Terms of WANDLER SERVICE, the Subscribed Plan, the PRIVACY POLICY and any potential subsequent amendments of those as well as any separate agreement entered into between SERVICE PROVIDER and the CUSTOMER for the performance of the WANDLER SERVICE.
"CUSTOMER" means the individual or legal entity, professional only, with whom SERVICE PROVIDER entered this AGREEMENT and whose name and address appear on the ACCOUNT. The CUSTOMER and SERVICE PROVIDER are hereinafter collectively referred to as the “PARTIES” or individually as a “PARTY”.
“CUSTOMER DATA” means any information stored by SERVICE PROVIDER related to a CUSTOMER. CUSTOMER DATA does not include MEDIA ASSETS.
"MEDIA ASSETS" means audio and video files, or any other kind of data uploaded by the CUSTOMER for the purpose of using it in the context of the WANDLER SERVICE.
"PERSONAL DATA" means any information relating to a natural person who is or can be identified, directly or indirectly.
"PRIVACY POLICY" means the document drawn up by SERVICE PROVIDER presenting how it processes the CUSTOMERs' and the TEAM MEMBERS’ PERSONAL DATA, as well as Contacts, Contact Data and Survey Response Data (https://wandler.fm/legal/privacy-policy);
"SERVICE" means the grant of access to the WANDLER SERVICE by SERVICE PROVIDER and the use of the WANDLER SERVICE in SaaS mode by the CUSTOMER, under the terms and conditions set out in the AGREEMENT.
"SUBSCRIPTION PLAN" means the feebased plan subscribed by the CUSTOMER for a fixed monthly or an annual period, which appears on the ACCOUNT (and then possibly modified by the CUSTOMER). The WANDLER SERVICE is provided through separate offers, which functionalities are described on the WEBSITE, or through specific tailored offer(s).
"TEAM MEMBERS" means the CUSTOMER's employees, representatives, consultants, contractors or agents who are authorized to use the WANDLER SERVICE for the benefit of the CUSTOMER and have unique user identifications and passwords for the WANDLER SERVICE.
"TRACK PAGE" means a website created by the CUSTOMER using the WANDLER SERVICE. The purpose of a TRACK PAGE is to grant access to MEDIA ASSETS to other USERs or CUSTOMERs. Access can be granted in form downloading, commenting and listening/viewing rights.
“USER” means any individual using the WANDLER SERVICE. USERs can be CUSTOMERS when they signed up for an ACCOUNT. USERs also includes individuals that are visiting one of web pages of the WANDLER SERVICE with the purpose of listening, viewing or commenting MEDIA ASSETS.
"WANDLER SERVICE" means the SERVICE PROVIDER software, as well as any related applications, developed and published by SERVICE PROVIDER.
"WEBSITE" means the SERVICE PROVIDER website accessible at www.wandler.fm and presenting the WANDLER SERVICE;
The purpose of this AGREEMENT is to set out the conditions under which SERVICE PROVIDER provides the WANDLER SERVICE to the CUSTOMER, who accepts it, a nonexclusive and nontransferable right to use the WANDLER SERVICE in SaaS mode. In exchange, the CUSTOMER agrees to pay the contractual fee and to comply with all requirements set out in the Terms of WANDLER SERVICE.
The WANDLER SERVICE is a hosted cloud software, which enables a CUSTOMER to facilitate working with MEDIA ASSETS. Amongst other functionalities, the WANDLER SERVICE allows its CUSTOMER to upload, manage, comment and share MEDIA ASSETS with other USERs.
The WANDLER SERVICE does not include any long-term storage and backup of MEDIA ASSETS (see 3.3. Availability).
The CUSTOMER’s ACCOUNT may be used by one or multiple TEAM MEMBERS. The TEAM MEMBERS access the WANDLER SERVICE through their own and personal access credentials (email and password). The CUSTOMER bears all liability as to the access and the use of the ACCOUNT. The ACCOUNT requires the CUSTOMER to provide his/her/its legal full name, a valid email address, and any other information requested in order to complete the registration process.
The CUSTOMER may share MEDIA ASSETS with other CUSTOMES or USERs through a dedicated TRACK PAGE.
The WANDLER SERVICE is available to the CUSTOMER 24 hours a day, 7 days a week during the term of the AGREEMENT and within the limits set out in the AGREEMENT.
The WANDLER SERVICE does not guarantee any long-term storage and backup of MEDIA ASSETS or any other CUSTOMER DATA. The CUSTOMER understands that he/she/it is has the sole responsibility to ensure that all MEDIA ASSETS is backed up and stored long-term outside the WANDLER SERVICE. The SERVICE PROVIDER excludes any liability in the event of a loss of MEDIA ASSETS or any other CUSTOMER DATA.
Support for the WANDLER SERVICEs is only available in English, via email (hello@wandler.fm).
At the CUSTOMER's request, SERVICE PROVIDER may, with or without a fee, through its dedicated custome support department, assist the CUSTOMER with identifying its needs with regard to the WANDLER SERVICE and train the TEAM MEMBERS to optimize the use of the WANDLER SERVICE.
Various questions and concerns of the CUSTOMER may find a quick answer by reading the documentation of the WANDLER SERVICE.
The WANDLER SERVICE is offered as a free service, as well as a paid service through a SUBSCRIPTION PLAN.
A specific pricing applies to any monthly or annual SUBSCRIPTION PLAN, which are detailed under the page "Pricing" section on the WEBSITE. The pricing are in Euros or in US Dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the CUSTOMER shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
The CUSTOMER may have access to a free ACCOUNT, during which the CUSTOMER uses the WANDLER SERVICE free of charge. Each CUSTOMER may subscribe only once to a free ACCOUNT and shall not maintain more than one free ACCOUNT. At any time while using the free ACCOUNT, the CUSTOMER may opt for a SUBSCRIPTION PLAN, which will be charged automatically.
For any upgrade or downgrade of the SUBSCRIPTION PLAN, the new price will apply as of the day following the date of the change in the SUBSCRIPTION PLAN. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the CUSTOMER’s SUBSCRIPTION PLAN or a change from the SUBSCRIPTION PLAN to a free ACCOUNT, the CUSTOMER shall not be entitled to a refund. Further details on how changes and cancellations of SUBSCRIPTION PLANs are handled can be found here: https://support.stripe.com/questions/handlingsubscriptionchanges
By default, all SUBSCRIPTION PLANs must be paid, through SERVICE PROVIDER payment service provider (Stripe Payments Europe Ltd), for in full using a credit card, exclusively with one of the following credit card : Visa, Mastercard, Amex. The CUSTOMER must enter valid credit card information.
CUSTOMERs can request to pay for the WANDLER SERVICE through payment methods (DACH, wire transfer, SEPA, ...) other than credit card. It is in the sole discretion of SERVICE PROVIDER to accept payment methods other than credit card and additional terms might apply.
The WANDLER SERVICE is billed in advance on a monthly or annual basis, irrespective of the use of the WANDLER SERVICE made by the CUSTOMER. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the WANDLER SERVICE during the duration of the SUBSCRIPTION PLAN shall not have the effect of extending the duration of the AGREEMENT or the WANDLER SERVICE, nor qualify for a refund or any compensation whatsoever. SERVICE PROVIDER will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
SERVICE PROVIDER shall automatically send the CUSTOMER an email receipt for each payment. In addition, the CUSTOMER may also download a PDF version of the invoice including the CUSTOMER’s details in his/her/its ACCOUNT.
In the event of lack of payment on the due date, SERVICE PROVIDER is entitled to require payment of (i) the entire debt, (ii) a penalty for delay of three times the legal interest rate and (iii) a lump fee for fees recovery in accordance with Article L. 4416 of the French Commercial Code.
SERVICE PROVIDER reserves the right to modify or discontinue, temporarily or permanently, the WANDLER SERVICE (or any part thereof) with or without notice at any time.
Prices of all WANDLER SERVICEs, for the monthly or annual subscription plan to the WANDLER SERVICE, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the WEBSITE, or the WANDLER SERVICE itself. Such changes shall not apply for the ongoing SUBSCRIPTION PLANs and shall only apply for the SUBSCRIPTION PLANs entered after the modification of pricing.
The AGREEMENT will be effective after the creation of an ACCOUNT by the CUSTOMER, including a free ACCOUNT, and will remain in effect until its termination by either PARTY. The minimal duration of the AGREEMENT is one (1) month as from the date of the subscription of a monthly SUBSCRIPTION PLAN and one (1) year as from the date of the subscription of an annual SUBSCRIPTION PLAN.
All SUBSCRIPTION PLANs will renew for successive periods of the same duration by tacit agreement, unless terminated by either PARTY by email (for the CUSTOMER: to the CUSTOMER’s email address provided in the ACCOUNT; for SERVICE PROVIDER : hello@wandler.fm) at least 7 (seven) working days before the end of the SUBSCRIPTION PLAN. It is the sole responsibility of the CUSTOMER to anticipate the end of the SUBSCRIPTION PLAN, which consequences will be borne exclusively by the CUSTOMER. No amount received in advance by SERVICE PROVIDER for the SUBSCRIPTION PLAN will be refunded.
All Contacts, Contact Data, Survey Response Data and other CUSTOMER DATA will be automatically deleted from the WANDLER SERVICE at the termination date of the AGREEMENT. The CUSTOMER is aware that CUSTOMER DATA cannot be recovered after the termination date of the AGREEMENT.
SERVICE PROVIDER undertakes to use all reasonable and human resources to provide the WANDLER SERVICE, subject to (i) the full payment by the CUSTOMER of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the WANDLER SERVICE due to maintenance, service disruption or failure external to SERVICE PROVIDER. For maintenance operations, SERVICE PROVIDER will endeavour to inform the CUSTOMER in advance by email or via the WEBSITE or the WANDLER SERVICE. The temporary interruptions of the WANDLER SERVICE, of any kind, will under no circumstances give rise to indemnification of any kind to the CUSTOMER’s benefit. Any service not expressly provided for in the AGREEMENT, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to SERVICE PROVIDER’s applicable rates.
The CUSTOMER, who enters into the AGREEMENT on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The CUSTOMER grants to be a natural or a legal entity, acting as a professional, excluding any robots. ACCOUNTs registered by "bots" or other automated methods are not permitted.
The CUSTOMER undertakes to :
Accordingly, the CUSTOMER is responsible for any damages such data could cause to SERVICE PROVIDER, to a third party, to the WANDLER SERVICE and will hold SERVICE PROVIDER harmless against any claims that may be brought against SERVICE PROVIDER by a third party because of such data and, more generally, the CUSTOMER’s use of the WANDLER SERVICE. While the AGREEMENT prohibits such conduct and Content on the WANDLER SERVICE, the CUSTOMER understands and agrees that SERVICE PROVIDER cannot be held responsible for any data submitted to the WANDLER SERVICE. The CUSTOMER therefore agrees to use the WANDLER SERVICE at his/her/its own risk.
SERVICE PROVIDER may remove ACCOUNTs and all associated CUSTOMER DATA that contains data that SERVICE PROVIDER considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any PARTY's intellectual property right(s) or the AGREEMENT.
All USERs undertakes to :
Accordingly, the USER is responsible for any damages such data could cause to SERVICE PROVIDER, to a third party, to the WANDLER SERVICE and will hold SERVICE PROVIDER harmless against any claims that may be brought against SERVICE PROVIDER by a third party because of such data and, more generally, the USER use of the WANDLER SERVICE. While the AGREEMENT prohibits such conduct and content on the WANDLER SERVICE, the USER understands and agrees that SERVICE PROVIDER cannot be held responsible for any data submitted to the WANDLER SERVICE. The CUSTOMER therefore agrees to use the WANDLER SERVICE at his/her/its own risk.
SERVICE PROVIDER may remove ACCOUNTs and all associated CUSTOMER DATA that contains data that SERVICE PROVIDER considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any PARTY's intellectual property right(s) or the AGREEMENT.
The WANDLER SERVICE is provided on an "as is" basis and "as available" basis. The WANDLER SERVICE shall not substitute any other function in the CUSTOMER’s organization. The information given by SERVICE PROVIDER is provided solely for the use of the WANDLER SERVICE but not for the CUSTOMER’s organization. SERVICE PROVIDER has an obligation of means and does not provide any implicit or explicit warranty as to the use of the WANDLER SERVICE.
The use of the WANDLER SERVICE is provided at the CUSTOMER's sole risk. The CUSTOMER understands that the technical processing and transmission of the Contacts, including the Contact Data, Behavioral Data, and all other CUSTOMER DATA may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SERVICE PROVIDER does not warrant that (i) the WANDLER SERVICE will meet the specific requirements of the CUSTOMER, (ii) the WANDLER SERVICE will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the WANDLER SERVICE will be accurate or reliable, (iv) the quality of any information, or other material obtained by the CUSTOMER through the WANDLER SERVICE will meet the CUSTOMER's expectations, and (v) any errors in the WANDLER SERVICE will be corrected.
Contacts, Contact Data, and Survey Response Data is kept by SERVICE PROVIDER for a period of 180 calendar days maximum by default. Therefore, it is the CUSTOMER's responsibility to ensure the storage and registration of his/her/its Contacts, Contact Data, and Survey Response Data and CUSTOMER DATA. SERVICE PROVIDER shall not be held responsible for any loss of Contacts, Contact Data, Survey Response Data or CUSTOMER DATA.
SERVICE PROVIDER might block the CUSTOMER’s ACCOUNT in the event that the CUSTOMER went over the limit of the SUBSCRIPTION PLAN. SERVICE PROVIDER excludes any liability for the suspension of the ACCOUNT.
The CUSTOMER understands that SERVICE PROVIDER uses third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the WANDLER SERVICE.
The CUSTOMERs also understands that, while the WANDLER SERVICE offers tools to easily set up a connection with such systems, API (Application Programming Interface)s are published and maintained by an independent provider other than SERVICE PROVIDER. The CUSTOMER is therefore solely liable as to the transfer, the download or any use of the data sent to or through an API (Application Programming Interface), excluding any liability of SERVICE PROVIDER. The CUSTOMER is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the API (Application Programming Interface).
SERVICE PROVIDER excludes any liability in the events of:
The CUSTOMER expressly understands and agrees that SERVICE PROVIDER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SERVICE PROVIDER has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the WANDLER SERVICE; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the WANDLER SERVICE; (iii) unauthorized access to or alteration to the CUSTOMER's ACCOUNT; (iv) statements or conduct of any third party on the WANDLER SERVICE; (v) or any other matter relating to the WANDLER SERVICE.
In any case, the overall liability of SERVICE PROVIDER is strictly limited to the overall fees paid by the CUSTOMER for the ongoing SUBSCRIPTION PLAN.
Breach(es) of any of the terms and conditions of the AGREEMENT by the CUSTOMER will result in the termination of the AGREEMENT and the closing of the CUSTOMER's ACCOUNT. Should the CUSTOMER fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the WANDLER SERVICE, SERVICE PROVIDER shall be fully entitled to terminate the AGREEMENT with immediate effect and without prior notice. From the termination date, the CUSTOMER will no longer be able to use the WANDLER SERVICE. Contact Data relating to the CUSTOMER’s ACCOUNT will be deleted without the CUSTOMER being entitled to any compensation. The CUSTOMER shall be solely responsible for the consequences of the termination of the AGREEMENT, in particular in terms of continuity of its internal management and commercial activities.
No amount received in advance by SERVICE PROVIDER for the SUBSCRIPTION PLAN will be refunded and the CUSTOMER shall not be entitled to any compensation whatsoever.
Suspension of the WANDLER SERVICE and/or termination of this AGREEMENT shall not prevent or otherwise impede the claim(s) SERVICE PROVIDER may present as a result of the CUSTOMER’s breach(es).
All intellectual property rights on the WANDLER SERVICE and all content available on the WEBSITE remain the sole property of SERVICE PROVIDER. SERVICE PROVIDER warrants that it has developed the WANDLER SERVICE and owns the intellectual property rights to the WANDLER SERVICE and all elements used to provide the WANDLER SERVICE.
SERVICE PROVIDER undertakes not to claim any ownership on the MEDIA ASSETS or CUSTOME DATA uploaded, processed or shared through the WANDLER SERVICE, which remain the sole property of the CUSTOMER.
The CUSTOMER remains the owner of all Contacts and Contact Data provided by the CUSTOMER, as well as all Survey Reponse Data captured by SERVICE PROVIDER on behalf of the CUSTOMER.
The CUSTOMERs undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by SERVICE PROVIDER, such as but not limited to, the intellectual property rights owned on the WANDLER SERVICE, the related trademark and logo used by SERVICE PROVIDER.
The CUSTOMER grants SERVICE PROVIDER against any claim, demand, suit or proceedings made or brought against SERVICE PROVIDER by a third party alleging that the Content, the use of the WANDLER SERVICE in violation of the AGREEMENT, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The CUSTOMER undertakes to indemnify SERVICE PROVIDER for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by SERVICE PROVIDER in connection with any such claim, demand, suit or proceedings, provided that SERVICE PROVIDER (i) promptly informs the CUSTOMER in writing of the claim, demand, suit or proceeding, (ii) gives the CUSTOMER the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally SERVICE PROVIDER of its liability) and (iii) provides the CUSTOMER with all reasonable assistance. All fees incurred will be borne exclusively by the CUSTOMER.
A detailed PRIVACY POLICY provided by SERVICE PROVIDER (access the Privacy policy here) is part of this agreement.
SERVICE PROVIDER and the CUSTOMER undertake to keep confidential all information and documents concerning each PARTY, of any nature whatsoever, to which the relevant PARTY may have referred to, or provided, during the performance of the AGREEMENT. The above shall not prevent SERVICE PROVIDER to mention its commercial relationship with the CUSTOMER, as provided below.
SERVICE PROVIDER uses all technical means which may be reasonably used for the performance of the WANDLER SERVICE. SERVICE PROVIDER shall therefore not be held liable in the event that the WANDLER SERVICE is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which SERVICE PROVIDER relies upon.
The CUSTOMER waives any right to indemnity of any nature whatsoever in the event of force majeure and SERVICE PROVIDER shall not be held liable for any cost incurred due to the impossibility to use the WANDLER SERVICE.
At any time and at its own discretion, SERVICE PROVIDER reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the AGREEMENT to a third party in any form whatsoever.
This AGREEMENT constitutes the entire AGREEMENT between the PARTIES with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the PARTIES with respect to such matter.
The fact that one of the PARTIES did not request the application of any provision of this AGREEMENT shall in no event be deemed or interpreted as a waiver of the right that PARTY has under this provision.
The CUSTOMER allows SERVICE PROVIDER to mention its company name or name and the WANDLER SERVICE provided for commercial purpose only.
The AGREEMENT is subject to the laws of France. Any dispute, controversy or claim arising under, out of or relating to the validity, interpretation and performance of the AGREEMENT shall be referred to and finally determined by the competent courts of Paris (France).