Terms of Service for Wundamental.ai for Businesses

Last updated on 30.09.2024

Introduction

Welcome to the Terms of Service (hereafter referred to as “Terms”) that are adopted by Clanbeat Education OÜ, an Estonian registered company (registry code 14530865) situated at Tina str 26, 10126 Tallinn, Estonia, for Wundamental AI for Businesses (WfB). For the purposes of these Terms, Clanbeat is alternatively referred to as “Wundamental”, “we”, “us” or “our”. You may reach us at [email protected].

Operating under the legal framework of the Republic of Estonia, Wundamental manages the website https://wundamental.ai and its subdomains, hereafter collectively referred to as the “Website.” Our offerings include the Wundamental 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 WfB services, which are part of the broader Wundamental solutions. The term “Platform” specifically refers to the dedicated web-based solution for WfB, and the services provided under WfB are collectively known as the “Services.” 

Wundamental offers performance-oriented Services for managers. By using our Services, you agree to these Terms. Upon acceptance, these Terms form a legally binding contract (referred to as the “Agreement”) between you, the user (hereafter referred to as “User”), and Wundamental.

IMPORTANT DEFINITIONS

1. SERVICES
   1. WfB current features include, but are not limited to:
      1. Mapping and analysis of managerial goals
      2.  Mapping managerial competencies and satisfaction 
      3.  1-on-1 sessions with managers to address their challenges (hereafter referred to as “Session”)
      4.  AI-powered analysis of Sessions to provide managers with deeper insights
      5.  A cross-team analysis for the top managers to improve leadership effectiveness and drive better business outcomes (the team is defined by the employer).
   2. Please note that the specific content and scope of our Services are dynamic and are subject to ongoing modifications aimed at improving the Services, enhancing the User experience, and augmenting their personal growth. The detailed scope of Services and opportunities on offer can be found on the WbB website or after signing up for our Services.
      
2. ACCESSING THE SERVICES
   1. Before accessing our Services, you will need to select a Wundamental coach (hereafter referred to as “Coach”), sign up for a complimentary introductory session with a Coach and agree to these Terms. After having an introductory session with the Coach you can access our Services by choosing your preferred Session cycle and other preferences made available to personalise your experience while using our Services. After choosing your preferences you can start booking your first Session.
   2. When providing personal details during the sign-up process and while using our Services, you affirm that all the information submitted is truthful, accurate, and complete.
   3. To clarify, if a User does not accept these Terms, they are not permitted to use our Services.
3. RIGHTS GRANTED TO USERS
   1. Under these Terms, we grant you as a User access to our Services.
   2. You, as a User, are permitted to change your Coach during your use of our Services. However, a prior notification must be sent to [email protected].
   3. You can cancel or reschedule your appointment under certain circumstances:
      1. Please note that you may cancel or reschedule a Session up to 24 hours in advance. If you are unable to do so within this timeframe, the Session will be considered as held and Wundamental is thus entitled to charge a fee for that session. 
      2. If you wish to reschedule your Session you can select a new time slot within the next 30-day window.
   4. You have the flexibility to choose a Session cycle (hereafter referred to as “Cycle”) that best suits your needs and preferences. A Cycle consists of one 60-minute session, accompanied by either 3 x 15 min, 2 x 30 min, or 1 x 60 min sessions, comprising the full monthly Cycle. It is our best practice to keep the Cycles within a monthly time frame to support your growth in regular format. 
   5. Should Wundamental be unable to provide the pre-booked Session with the chosen Coach, Wundamental will offer following options:
      • additional Session within the next 30-day window with the chosen Coach, 
      • a substitute Coach to conduct the Session at the scheduled time or 
      • adjustment of the next monthly billing to account for the missed Session.
      • The choice is agreed between the User and the Coach.
   6. You will receive a notification at least 24 hours prior to your scheduled Session if any changes arise due to our Coach availability.
   7. If Wundamental is not able to provide availability for the chosen Coach for a longer period of time and you do not wish to continue with our other Coaches available, you may also pause the use of Services and continue when chosen Coach is available again for the provision of Services.
   8. Should you choose to cancel the Services due to dissatisfaction with the replacement Coach, Wundamental will refund your employer (hereafter referred to as “Employer”) for the remaining Sessions that were paid for but did not occur.
   9. In the event of technical difficulties, relating to third-party service issues that prevent us from delivering the Session, we will reschedule your session with the selected Coach. If feasible, rescheduling will occur within the next 30-day time frame.
   10. You have the right to opt in for Session recording while choosing your Service usage preferences. By accepting to record Sessions you gain access to AI-powered Session analysis that helps to deepen insights from your Sessions and thus gather greater value from the Services. The personalised Session analysis is accessible only by you and your Coach.
   11. By accepting Session recordings you also allow your Employer to gain value from the AI-powered cross-team analysis if your Employer has ordered it. The AI-powered cross-team analysis is built as a management tool to gain insights about larger trends within the team. The AI-powered cross-team analysis uses Session recordings as input and is built in a format that protects the confidentiality of every Session held as none of the information units presented in the analysis can be directly associated with a particular person. The AI-powered cross-team analysis can be only offered by Wundamental if we can grant confidentiality, that means there has to be a certain number of participants in the team and a certain level of data points that secure the confidentiality.
   12. Wundamental is dedicated to enhancing our Services. Consequently, we may provide updates, including but not limited to, service enhancements, new features, deletion of existing features, or modifications. Unless specified otherwise, these updates will be governed by these Terms. We will notify Users of such changes at least 30 days in advance. Continuation of Services after posting any changes implies acceptance of those changes.
   13. The tools, models, and any supplementary digital services we provide during Sessions are the intellectual property of Wundamental, its affiliates, and/or third-party licensors. This includes, but is not limited to, all copyrights, trademarks, service marks, and trade names contained therein.
   14. Please note that you are not allowed to commercialise any features made available to you via our Services. Furthermore, using our Services does not grant you ownership of any content within our Services.
   15. You are not permitted to copy, distribute or publish any content from our Services or any information derived therefrom, unless stipulated by applicable law.
   16. The following actions are prohibited:
       1. Using the Services for any unlawful purpose
       2. Encouraging others to participate in unlawful activities
       3. Violating any international, national, or local regulations, rules, and laws
       4. Providing any false or misleading information
       5. Using the Services for any obscene or immoral purpose
       6. Interfering with or bypassing the security features of our Services, related websites, other  websites, or the Internet
       7. Circumventing any technical measures we use to provide the Services.
4. OUR RIGHTS
   1. Wundamental reserves the right to deny Services based on objective justifications, including situations where our Coaches believe that the Services are not the right format to address the User’s challenges (for instance, in cases requiring therapeutic assistance).
   2. Should payments become overdue, Wundamental reserves the right to suspend the provision of Services.
   3. As a User, you retain intellectual property rights to any content you share during the Services. However, should you opt in for our optional digital Services, you grant Wundamental a global, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to utilise, reproduce, distribute, modify, adapt, create derivative works from, and exploit any content shared by you via the Services. This licence is necessary primarily to make available and display the results and feedback of analyses, assessments, and insights that are intended to enrich the Service experience for you and your Coach or your Employer.
   4. You also give Wundamental the right to generate anonymous data concerning the use of our Services. Anonymous data is utilised to enhance our Services, communicate the essence and value of our Services to prospective beneficiaries and serve as input for scientific research conducted in collaboration with research institutions.
5. PRIVACY
   1. In order to deliver our Services, Wundamental is required to collect and process personal information about Users (hereafter referred to as “Personal Data”). We process this data in strict accordance with our Privacy Policy, which can be found at [insert link]. If you have any questions or concerns about our privacy practices, please don’t hesitate to contact us at [email protected].
6. LINKED SITES AND THIRD PARTY CONTENT
   1. Our Services may include links to third-party websites, services, or content that we believe may be of value to our Users. However, please note that these third-party sites are not under our control, and we are not responsible for their content, policies, or practices. We encourage you to review the terms and privacy policies of any third-party websites or services before providing them with any personal data or engaging in any transactions with them.
7. FEES AND PAYMENT
   1. The fee for the Services is paid by your Employer.
8. LIABILITY AND INDEMNIFICATION
   1. At Wundamental, we work tirelessly to ensure our Services are consistently available and perform to the highest standard. In the event of any service interruptions, we will strive to resolve the issue as swiftly as possible to ensure optimal User experience. However, please note that we do not guarantee the technical aspects of our Services that are reliant on third-party Services and are thus beyond our direct control.
   2. As a User, you agree to use our Services exclusively for your personal growth.
   3. Wundamental cannot be held liable for any breach or damages caused by incorrect, incomplete, or misleading information provided by a User in the course of using our Services.
   4. Our liability for any breach of this Agreement is limited to instances where the breach is either intentional or a result of gross negligence on our part.
   5. We shall not be held liable for outcomes resulting from events beyond our reasonable control, otherwise known as “Force Majeure” events. These include, but are not limited to, natural disasters, pandemics, wars, insurrections, riots, terrorism, crime, labour shortages and strikes, embargoes, adverse weather and climate conditions, failure or default of a third party, electrical failures, government actions, and any other unforeseen circumstances outside our control.
9. TERM AND TERMINATION
   1. The Agreement is established for an indefinite period.
   2. The User has the flexibility to cancel the Services at any time coordinated with his/her Employer giving a 1 month notice (i.e. if you wish to terminate the use of Services from the 1st of February the notice by your Employer must be done to Wundamental before the 1st of January).
   3. Should Wundamental determine that our Services are not currently advantageous for a User, we reserve the right to terminate Service provision. Any Sessions paid in advance and not held by us due to termination initiated by Wundamental will be refunded to your Employer.
   4. Wundamental retains the right to terminate the Agreement without prior notification in the event of a material breach of the Agreement by the User.
10. GOVERNING LAW AND JURISDICTION
    1. The Terms of Service fall under the jurisdiction of the laws of the Republic of Estonia.
    2. Any disputes stemming from these Terms of Service shall be resolved in the Harju County Court, located in the Republic of Estonia.
11. ADDITIONAL PROVISIONS
    1. Should any part of these Terms be deemed invalid, unenforceable or illegal for any reason, such provision shall be enforced to the greatest extent allowable under the law. The validity and enforceability of the remaining provisions, or portions thereof, will remain unaffected.

PERSONAL DATA PROCESSING AGREEMENT

This Data Processing Agreement (the “Agreement”) is an attachment to the main Terms (the “Primary Agreement”) between Wundamental and the User (each referred to as a “Party” and collectively, the “Parties”). Wundamental offers the User access to performance-oriented Services for managers  (the “Services”).

In association with the provision of the Services under the Primary Agreement, Wundamental processes certain personal data of the User. To guarantee secure, accurate, and lawful processing of personal data, the Parties have agreed to augment the Primary Agreement with this Agreement as an attachment.

In the event of a conflict between the Primary Agreement and this Agreement regarding the processing of personal data, the terms of this Agreement shall take precedence.

1. GENERAL PROVISIONS
   1. The terms used in this Agreement have the same meaning as in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as “GDPR”), or as specified in the Primary 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 during the provision of the Services, while Wundamental acts as the data processor.
2. GENERAL OBLIGATIONS OF WUNDAMENTAL.AI
   1. Wundamental commits to processing personal data strictly in accordance with applicable laws, the stipulations of the Primary Agreement, and the terms of this Agreement.
   2. Wundamental will only process personal data for the purposes outlined in Annex A of this Agreement.
   3. Should it be mandated by applicable law, Wundamental will appoint a qualified data protection officer in compliance with legal requirements and will furnish the User with the data protection officer’s name and contact details.
   4. Wundamental is obliged to maintain records of all data processing activities performed on behalf of the User, consistent with the requirements under the GDPR.
3. GENERAL OBLIGATIONS OF THE USER
   1. The User affirms and guarantees that when transferring any personal data to Wundamental, Wundamental is authorised to further process such personal data for the purpose of executing the Primary Agreement, which includes the provision of the Services.
   2. Additionally, the User affirms and guarantees that when submitting any personal data to Wundamental, all personal data provided is accurate, truthful, pertinent, and necessary with respect to the fulfilment of the Primary Agreement.
4. CONFIDENTIALITY
   1. Wundamental is committed to ensuring the confidentiality of the personal data processed on behalf of the User.
   2. Wundamental guarantees that no unauthorised third parties gain access to the personal data processed on behalf of the User.
   3. Wundamental assures that all its representatives, employees, and any other individuals who, through Wundamental, come into contact with the personal data processed, are bound by contractual or legal confidentiality obligations. Wundamental guarantees that their representatives, employees, and any other individuals acting on its behalf maintain complete confidentiality of the personal data. It’s important to note that all personal data shared during Sessions with the Coach remain confidential and are only accessible to the User and the Coach. If the User opts in for additional digital services (analyses, assessments, and insights), the data is processed securely without human involvement and shared in the form that the confidentiality is secured.
   4. Wundamental promises to ensure that all its representatives, employees, and any other individuals who, through Wundamental, come into contact with the personal data processed, have received adequate training and instructions for processing personal data in compliance with the Primary Agreement, this Agreement, and applicable laws.
5. SECURITY MEASURES
   1. Wundamental guarantees the security of personal data processing to safeguard personal data from accidental or unauthorised processing, disclosure, or destruction.
   2. In line with the current state of the art, the cost of implementation, and considering the nature, scale, context, and aims of the personal data processing as well as the varying likelihood and severity of risk to the rights and freedoms of natural persons arising from personal data processing, Wundamental will apply suitable technical and organisational measures when processing personal data to ensure data security.
   3. In implementing appropriate technical and organisational measures, Wundamental will ensure the capability of the implemented processing measures to consistently safeguard the confidentiality, integrity, availability, and resilience of personal data.
   4. Among other measures, Wundamental ensures that while processing personal data, it uses updated information technology solutions that are regularly tested for security, ensures access to Wundamental’s IT systems and premises is regulated and controlled, and makes sure that current antivirus and spyware programs are in use.
   5. Wundamental will log some parts of data processing operations performed on behalf of the User, creating log entries for viewing, modifying, transferring, and deleting personal data.
   6. The User’s Employer has the right to authorise an auditor to assess Wundamental’s performance under the Agreement in accordance with the GDPR. The User or the User’s employer must notify Wundamental of the audit at least 60 days in advance. The User’s Employer, or an auditor appointed by the User’s Employer must conduct the audit during regular working hours and in a way that minimally disrupts Wundamental’s regular business activities.
6. PERSONAL DATA BREACH
   1. In the event of a personal data breach or suspected personal data breach, Wundamental will promptly notify the User and the User’s Employer. In the case of a personal data breach or suspected breach or an incident that is likely to become a personal data breach, Wundamental will send to the User and the User’s Employer a notification about the personal data breach, which will at least include:
      1. A description of the nature of the personal data breach;
      2. The categories and approximate number of data subjects affected;
      3. The categories and approximate number of personal data records affected;
      4. The name and contact details of Wundamental’s data protection officer or another contact person, if applicable;
      5. The likely consequences of the personal data breach, including potential consequences for the data subjects;
      6. The measures taken or proposed by Wundamental to address the personal data breach and to mitigate its possible adverse effects.
   2. Wundamental will send the notification specified in section 6.1 above to the User and the User’s Employer promptly and, if possible, no later than within 24-48 hours from the time the personal data breach occurred.
   3. If Wundamental is unable to provide the information outlined in section 6.1 to the User and the User’s Employer within the time frame set forth in section 6.2, Wundamental may provide the information to the User and the User’s Employer in stages but without further unnecessary delay.
   4. Wundamental will fully cooperate with the User and the User’s Employer to prevent personal data breaches. If a personal data breach occurs, Wundamental will fully cooperate with the User and the User’s employer to address the personal data breach as efficiently and quickly as possible and/or to mitigate its possible adverse effects.
   5. Wundamental will 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 the User’s request or after the termination of the Primary Agreement, Wundamental will delete all personal data processed on behalf of the User, unless Wundamental has a legal basis to retain certain data.
8. SUBPROCESSORS
   1. If Wundamental employs subprocessors, it will assume full liability for the subprocessor’s processing of personal data in accordance with the applicable laws and this Data Processing Agreement.
9. LIABILITY
   1. Wundamental will not be liable for any administrative fine imposed on the User, damage caused to the User, or a claim filed against the User if these are based on a violation by the User and/or if Wundamental has not committed such a violation.
10. VALIDITY
    1. The Agreement will be valid from the moment the User accepts the Terms (i.e., at the moment of concluding the Primary Agreement) until Wundamental is processing personal data on behalf of the User, or until the end of the term of the Primary Agreement, whichever comes later.
11. FINAL PROVISIONS
    1. The Data Processing Agreement is governed by the laws of the Republic of Estonia. Any disputes arising from the Data Processing Agreement will be resolved through negotiations or in Estonian courts, with the Harju County Court being the court of first instance.

ANNEX A to the Data Processing Agreement

1. PURPOSE OF DATA PROCESSING
   The purpose of processing personal data is to provide Services as outlined in the Primary Agreement i.e Terms between the user and Wundamental.
2. DATA SUBJECTS
   Any natural person using Wundamental Services.
3. CATEGORIES OF PERSONAL AND SERVICE USAGE DATA
   Identification data: first name, family name
   Contact data: email address, mobile phone number.
   Employer related data: name of the Employer, job position.
   Other data: this category encompasses all other data shared by the user while using Wundamental’s Services, such as personal and professional aspirations, goals, challenges, thoughts, beliefs, values, actions, plans, questions, answers, emotions and other elements that describe the User’s current state, past, and future. This data is used as an input for AI-powered analyses for the User and in pseudonymised form for AI-powered analyses for Employer. In anonymised form this data is also used for improvement of Services, including in cooperation with research institutions, and for communication of Services.
   Usage data: this refers to data concerning the use of the Services and the content therein, like preferred scheduling, usage of optional features, pace of the customer journey etc. Please note that usage-based analytics data is only used in a generalised and anonymised form for enhancement and communication of Services.
4. PROCESSING OPERATIONS
   Wundamental processes the data in order to provide the Services in accordance with the Terms of the Primary Agreement.
5. PROCESSING PERIOD
   For personal data the processing period is the term of the Primary Agreement. The Wundamental has the right to use the anonymised format of the data for the period it finds valuable for the provision of Services.
6. SECURITY MEASURES
   The data is stored in a databases that can only be accessed by authorised Wundamental employees. The databases’ servers are secured (ISO 27001, 27017, 27018 and SOC 1, 2, 3 compliance).