General Terms and Conditions of Sale and Use

Preamble

These general terms and conditions define the rights and obligations between WiMakeIT and its clients in connection with the services offered via the website www.wimakeit.be (hereinafter "the Website").

"Client" means any natural or legal person holding an account on the Website, for the purpose of acquiring a licence for the Software and/or benefiting from WiMakeIT's services.

Software and Services

WiMakeIT designs and sells extensions for Magento 2 (hereinafter "the Software"), available for purchase as a licence via the Website. Any acquisition of the Software constitutes acceptance of the corresponding licence agreement, the current version of which is available on the Website.

Depending on the client's needs, WiMakeIT may act in several capacities:

• Provision of the Software under an end-user licence
• Technical support services
• Custom developments and personalisation
• Any other service offered at WiMakeIT's discretion

These general terms and conditions apply to all such engagements, unless otherwise stipulated in a specific agreement between the parties.

Client Account

Creating an account on the Website is open to any user, whether a buyer or not. These general terms and conditions come into effect upon account creation.

The client account allows managing acquired licences and tracking available updates. With the client's prior consent, WiMakeIT may use this channel — as well as email, back-office notifications, or announcements integrated into the extensions — to communicate information about its products and services. This consent may be withdrawn at any time.

Formation of the Licence Agreement

The client may acquire a licence via their client account or directly via the order form available on the Website. The licence purchased must exactly match the Magento edition used by the client (Open Source, Enterprise or Cloud). Any discrepancy entitles WiMakeIT to block access to the service without refund.

After purchase, each licence must be registered in the client account, specifying the relevant project and production domain. Until such registration is completed, WiMakeIT reserves the right to display warnings in the client's Magento instance.

Professional Clients

The software and services offered by WiMakeIT are intended exclusively for clients acting in the course of their professional activity (web agencies, developers, online merchants, or any other legal or natural person acting in a professional capacity). Accordingly, the provisions of the Belgian Code of Economic Law relating to contracts concluded with consumers, in particular the fourteen (14) day right of withdrawal, do not apply.

Legal Conformity Guarantee

In accordance with Articles 1649bis et seq. of the Belgian Civil Code and Directive (EU) 2019/770 on contracts for the supply of digital content, WiMakeIT guarantees the conformity of the Software for a period of two (2) years from its delivery. Should a lack of conformity be identified within this period, the client may request that the Software be brought into conformity. If this proves impossible or is not carried out within a reasonable time, the client may obtain a price reduction or termination of the contract, under the conditions provided by law.

This legal guarantee applies independently of the commercial warranty set out in the "Warranty" section of these terms.

Warranty

WiMakeIT warrants bug-free operation of the Software for one (1) year from the conclusion of the licence agreement. Any bug may be reported by email or via the contact form.

This warranty does not apply in the following situations:

• Absence of a valid and registered licence
• Use of an outdated version of the Software, Magento or PHP
• Software edition incompatible with the Magento edition in use
• Magento or Software modified or customised by the client
• Incompatibility with third-party products or extensions

Support and Bug Fixes

WiMakeIT provides basic support services under an active product subscription. The client defines their production domain and development domain in their account.

Basic support allows bugs to be reported, which WiMakeIT undertakes to address as quickly as possible. Higher-tier support plans are available for purchase on the Website.

Updates

Technical and functional updates are provided under an active product subscription. The latest versions are accessible from the client account.

WiMakeIT reserves the right to withdraw a Software from sale at any time, resulting in the cessation of its development and support. Upon termination of the subscription, the client retains access to the last installed version but may neither re-download nor reinstall the Software without an active subscription.

Developments and Customisation

WiMakeIT may carry out, on request, customisation and development services: Magento extension adaptations, custom integrations, specific developments.

Prior proposal

For any complete project or custom development, WiMakeIT drafts and submits a detailed proposal specifying the scope, timeline and cost. Work only begins after written acceptance of this proposal. For small-scale one-off interventions, terms may be agreed by email exchange.

Commitments and payment

WiMakeIT undertakes to carry out the work as defined in the accepted proposal. The client undertakes to settle the invoice within five (5) business days of receipt, unless otherwise agreed in writing.

Code ownership

• Standard code: existing extensions or modules used as a base — property of WiMakeIT or its suppliers, subject to a separate licence if necessary.
• Custom code: developments carried out specifically for the client within the scope of the engagement.

The client is required to hold the necessary licences for any standard software used in the context of the project.

Intellectual Property

WiMakeIT retains all rights over its software, content, trademarks and other intellectual property elements. The client acquires no ownership rights over these elements under these terms.

Any feedback or suggestion submitted by the client to WiMakeIT is deemed non-confidential. The client grants WiMakeIT a worldwide and perpetual licence to use them freely, in particular for the improvement of its products and services.

Indemnification

The client undertakes to indemnify WiMakeIT, its affiliates and subcontractors for any claim, fine or expense arising from a breach of these terms, a fault or negligence of the client, or non-compliance with applicable legislation.

In the event of a dispute, the client actively cooperates with WiMakeIT and assumes, at its own expense, the management of the defence within ten (10) business days of notification.

Confidentiality

In the course of their collaboration, WiMakeIT may communicate to the client confidential information of a technical, commercial or financial nature. The client undertakes not to disclose it to third parties and to protect it for a period of five (5) years from the date of communication.

This obligation does not apply to information that:

• Is or becomes public without fault on the part of the client
• Must be disclosed pursuant to a legal obligation or court order
• Is communicated to a professional adviser bound by professional secrecy
• Has been explicitly authorised for disclosure by WiMakeIT

The processing of personal data is governed separately by WiMakeIT's Privacy Policy, in accordance with the GDPR.

Acceptable Use

Unless expressly authorised, the client is prohibited in particular from:

• Commercially exploiting information obtained in the course of the collaboration, or using it in a manner contrary to the law
• Copying, distributing or modifying the Software outside the conditions provided
• Reverse engineering or attempting to access the source code, unless expressly authorised by WiMakeIT
• Using access to the Website or the Software for competitive purposes
• Disrupting the operation of the Website or the Software (DoS, DDoS attacks, etc.)

In the event of a breach, WiMakeIT reserves the right to suspend or delete the client account without prior notice or refund.

Limitation of Liability

Within the limits permitted by Belgian and European law, WiMakeIT's liability is limited to proven direct damages. WiMakeIT cannot be held liable for loss of profits, data loss, reputational harm or any other indirect damage.

WiMakeIT's total liability is capped at the amount invoiced to the client during the twelve (12) months preceding the event giving rise to the dispute. In the event of a proven breach, WiMakeIT undertakes, at its discretion, to remedy the issue or to refund the relevant portion of the service.

WiMakeIT cannot be held liable for any breach caused by a force majeure event within the meaning of Belgian law.

Governing Law and Dispute Resolution

These terms are governed by Belgian law. The parties undertake to seek an amicable resolution before resorting to legal proceedings.

Final Provisions

These terms come into effect upon creation of the client account and remain applicable until termination. WiMakeIT reserves the right to modify them at any time. The current version is available at www.wimakeit.be.

These general terms and conditions form part of WiMakeIT's Website Terms, which also include the End User Licence Agreement, the Support Licence Agreement, the Privacy Policy and the Data Protection Rules.