Terms of Service
Wisell SL (in formation)
1. Parties and Acceptance
Access to and use of the Wisell platform implies the express, full and unconditional acceptance of these Terms of Service (hereinafter "Terms") by the registered user (hereinafter "Client" or "Merchant").
Service provider:
| Company name | Wisell SL (in formation) |
| Tax ID (CIF) | [PENDING — registration in progress] |
| Address | Calle de Fúcar, 18, 3C, Madrid, 28014, Spain |
| Contact email | hola@wisell.ai |
| Website | https://wisell.ai |
If the Client does not accept these Terms, they are not authorised to access or use the service.
2. Subject Matter
Wisell offers a SaaS (Software as a Service) platform providing an AI-powered sales assistant for e-commerce businesses, accessible via monthly subscription. The service allows Merchants to integrate a conversational AI assistant into their online store to handle customer enquiries, manage orders and support the sales process through WhatsApp and a web widget.
The service includes, depending on the contracted plan:
- Access to the Wisell administration panel.
- Configuration and customisation of the AI assistant.
- Integration with compatible e-commerce platforms (WooCommerce, Shopify and others listed at wisell.ai).
- Conversation processing using large language models.
- Basic technical support by email.
3. Registration and Account
3.1 To access the service, the Client must register at wisell.ai providing accurate, complete and up-to-date information. The Client is responsible for maintaining the confidentiality of their login credentials and all activities carried out under their account.
3.2 The Client declares they are over 18 years of age and are acting on behalf of a company or as a self-employed professional, with full legal capacity to contract on behalf of that entity.
3.3 Wisell reserves the right to suspend or cancel accounts where false information or use contrary to these Terms is detected.
3.4 Account transfer to third parties is not permitted.
4. Plan and Price
4.1 Founders Programme Plan (Beta)
During the beta access period, Wisell offers the following plan:
| Item | Detail |
|---|---|
| Plan name | Programa Parceiros Fundadores |
| Price | €99 + VAT (21%) per month |
| Stores included | Up to 3 online stores |
| Commitment | Monthly, no lock-in |
| Cancellation notice | 30 calendar days before the next renewal date |
4.2 Prices shown do not include VAT (21%) unless otherwise stated.
4.3 Payment is charged automatically to the registered payment method on the first day of each billing period, processed via Stripe, Inc.
4.4 Wisell reserves the right to modify prices with 30 calendar days' notice by email. If the Client does not accept the change, they may cancel the service before the new price takes effect at no additional cost.
4.5 In the event of non-payment, Wisell may suspend access to the service pending payment.
5. Licence
Wisell grants the Client a non-exclusive, non-transferable and limited licence to access and use the Wisell platform during the term of the contract, exclusively for the purposes set out in these Terms.
This licence does not include the right to: copy, modify, distribute, sell or sublicence the software; reverse engineer or decompile the software; or use the service for white-label reselling without prior written authorisation from Wisell.
6. Client Obligations
6.1 Appropriate use of the service:
- Use the service exclusively for lawful purposes and in accordance with these Terms.
- Not use the AI assistant to disseminate illegal, misleading, discriminatory or violent content.
- Not attempt to access restricted areas of the platform or interfere with its technical operation.
- Not use the service for spam or unsolicited communications.
6.2 Compliance with end customers:
- The Client is solely responsible for processing the personal data of their end customers under the GDPR and must ensure they have a valid legal basis pursuant to Article 6 of the GDPR. This legal basis may be contract performance (Art. 6.1.b), legitimate interests (Art. 6.1.f) or explicit consent (Art. 6.1.a), as applicable to each specific processing purpose.
- The Client must inform their end customers about the use of third-party AI technology (Wisell). Wisell provides guidance texts to facilitate this.
- The Client is responsible for managing data subject rights requests from their end customers. Wisell will provide the necessary technical mechanisms.
6.3 Accuracy of information:
- Keep registration and billing data up to date.
- Provide accurate information about their business activity for correct assistant configuration.
6.4 Use of the WhatsApp Business API:
- Comply at all times with Meta Platforms' WhatsApp Business Usage Policies, including the prohibition on unsolicited bulk messaging (spam).
- The Client is responsible for obtaining end customers' consent to receive commercial communications via WhatsApp, in accordance with the GDPR and Meta's policies.
- Not send marketing messages (including cart recovery) to users who have not given explicit consent.
7. Wisell Obligations
7.1 Maintain the platform available with a reasonable service level, targeting 99% monthly uptime, excluding planned maintenance.
7.2 Provide reasonable advance notice of planned maintenance that may affect service availability.
7.3 Process the Client's data in accordance with the GDPR and the Data Processing Agreement incorporated in these Terms.
7.4 Maintain appropriate technical and organisational security measures to protect processed data.
7.5 Notify the Client without undue delay upon becoming aware of any security breach affecting their end customers' data. Where such breach is notifiable to the supervisory authority under Article 33 of the GDPR, Wisell will notify the AEPD within the legally prescribed timeframe.
7.6 Provide technical support by email on working days, with a target response time of 2 business days.
8. Artificial Intelligence — Limitations and Liability
8.1 Wisell's AI assistant uses large language models from third parties (including Anthropic PBC, OpenAI LLC and other providers). The Client acknowledges and accepts that: AI systems may occasionally generate incorrect or inaccurate responses; response quality depends partly on the information provided by the Client; and the Client bears ultimate responsibility for the information communicated by their AI assistant.
8.2 Wisell provides technical guardrails to minimise inappropriate responses but cannot guarantee the complete elimination of AI model errors.
8.3 The AI assistant is a sales support tool and is not a substitute for human confirmation in high-stakes decisions.
8.4 AI regulation: The Client acknowledges that the service incorporates general-purpose AI systems provided by third parties and undertakes to use them in compliance with applicable AI regulation, including Regulation (EU) 2024/1689 (AI Act) as its various provisions come into force.
9. Intellectual Property
9.1 Wisell platform: All intellectual property rights in the Wisell platform, including software, design, interfaces, algorithms and documentation, are the exclusive property of Wisell SL (in formation) or its licensors.
9.2 Client data: The Client retains full ownership of the data, content and materials they upload to the platform. The Client grants Wisell a limited, non-exclusive, royalty-free licence to use such data exclusively for the purpose of providing the contracted service.
9.3 Service improvement: Wisell may use aggregated and anonymised usage data to improve the platform, provided that neither the Client nor their end customers can be identified. Under no circumstances will Wisell use identifiable personal data of Merchants' end customers to train its own AI models. AI providers (Anthropic PBC and OpenAI LLC) operate under enterprise API terms that establish that API-processed data is not used to train their models in production.
10. Confidentiality
Both parties undertake to maintain the confidentiality of information designated as confidential by the other party, using it exclusively for the purposes set out in this contract. This obligation survives the contract for 3 additional years after termination.
11. Limitation of Liability
11.1 To the maximum extent permitted by applicable Spanish law, Wisell's total cumulative liability to the Client shall not exceed the fees paid by the Client in the 3 months preceding the claim.
11.2 In no event shall Wisell be liable for: loss of profits, revenue or customers; data loss attributable to the Client; indirect, incidental or consequential damages; service failures due to force majeure, third-party provider outages (Meta, AWS, AI providers) or AI model behaviour.
11.3 The above limitations do not affect liability that cannot be excluded under applicable Spanish law.
12. Disclaimer of Warranties
The service is provided "as is" and "as available". Wisell does not warrant that the service will be uninterrupted, error-free, or that results obtained through use of the AI assistant will meet the Client's specific expectations. Implied warranties of merchantability and fitness for a particular purpose are expressly excluded to the extent permitted by Spanish law.
13. Term and Termination
13.1 The contract takes effect on the Client's registration date and renews automatically each month unless cancelled.
13.2 The Client may cancel the service at any time by notifying hola@wisell.ai with at least 30 calendar days' notice before the next renewal date. Cancellation takes effect at the end of the billing period in progress following the notice period.
13.3 Wisell may terminate the contract immediately and without refund in the event of: serious breach of these Terms or applicable law; non-payment persisting for more than 30 days; fraudulent activities or activities prejudicial to Wisell or third parties.
13.4 Upon termination for any reason:
- The Client's access to the platform will cease immediately or at the end of the billing period, as applicable.
- Wisell will retain the Client's data for 30 calendar days to allow export. During this period, the Client may request a download of all their data (assistant configuration, end customer conversation history, catalogue data) in CSV or JSON format by emailing privacidad@wisell.ai or via the control panel if available. After this period without an export request, data will be permanently deleted.
14. Data Protection — Data Processing Agreement (DPA)
The full Data Processing Agreement (DPA) pursuant to Article 28 GDPR is published at wisell.ai/dpa and forms an integral part of this contract. The sub-processors list is at wisell.ai/subprocessors. The full Privacy Policy is at wisell.ai/en/privacy.
14.1 Wisell will only process end customers' personal data following the Merchant's documented instructions.
14.2 Wisell will implement appropriate security measures pursuant to Article 32 of the GDPR.
14.3 Wisell will notify the Merchant without undue delay upon becoming aware of any security breach affecting their end customers' personal data.
14.4 Wisell will assist the Merchant in fulfilling data subject rights obligations through the platform's technical features.
14.5 Wisell will use only the sub-processors listed at wisell.ai/subprocessors, notifying the Merchant of any changes with sufficient advance notice.
14.6 Upon termination, Wisell will delete or return all end customers' personal data, at the Merchant's choice, in accordance with clause 13.4.
15. Changes to these Terms
Wisell will notify changes with 30 days' notice. Continued use implies acceptance. The Client may terminate without penalty if they do not accept the changes.
16. Governing Law and Jurisdiction
16.1 This contract is governed by Spanish law, in particular the GDPR and the Spanish Civil and Commercial Codes.
16.2 As these Terms govern a B2B relationship, the parties agree to submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction.
16.3 The parties will attempt to resolve any dispute through good-faith direct negotiation for at least 15 days before resorting to legal proceedings.
17. General Provisions
17.1 Severability: If any clause is declared null or unenforceable, the remaining clauses shall remain in force.
17.2 No waiver: Failure to exercise any right does not constitute a waiver of that right.
17.3 Entire agreement: These Terms, the Privacy Policy and the DPA constitute the entire agreement between the parties.
*Wisell SL (in formation) — Tax ID [PENDING] — Calle de Fúcar, 18, 3C, 28014 Madrid, Spain — hola@wisell.ai*