Last updated: March 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Webyn SAS, a company incorporated under French law and registered in Paris, France ("Webyn", "we", "us", or "our"). These Terms govern your access to and use of the Webyn A/B testing and conversion rate optimization platform, including all associated software, services, documentation, and content (collectively, the "Service").
By creating an account, clicking "I Agree," subscribing to a paid plan, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you may not access or use the Service.
These Terms should be read alongside our Privacy Policy (available at webyn.org/legal/privacy.html), our Cookie Policy (available at webyn.org/legal/cookies.html), and, for paid subscribers, the Data Processing Agreement which is incorporated by reference into these Terms. In the event of any conflict between these Terms and a separately negotiated Order Form or Master Service Agreement, the terms of the separately negotiated document shall prevail to the extent of the conflict.
Webyn provides a software-as-a-service platform that enables businesses to design, run, and analyze A/B tests and multivariate experiments on their websites and digital properties. The Service includes an experiment management interface, a visual variant editor, a JavaScript snippet for deployment on customer websites, an analytics and reporting dashboard, an AI-powered experimentation engine, and integrations with third-party analytics and marketing tools.
The specific features available to you depend on the subscription plan you have purchased. Feature availability by plan is described on our Pricing page at webyn.org/price.html. We reserve the right to modify, add, or remove features from any plan at any time, provided that we will not materially reduce the core functionality of a paid plan during an active subscription term without providing reasonable notice and the option to terminate and receive a pro-rata refund for any remaining prepaid term.
Webyn is provided as a cloud-based service. We do not provide source code access or the ability to self-host the platform. Your access to the Service is subject to your maintenance of a valid subscription and compliance with these Terms.
To access the Service, you must create an account by providing your name, email address, company name, and a password, or by authenticating through a supported single sign-on provider. You represent and warrant that all information you provide during registration is accurate, current, and complete, and that you will maintain and promptly update this information to keep it accurate.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify Webyn of any unauthorized use of your account or any other security breach. Webyn will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or from unauthorized access to your account that results from your failure to comply with this provision.
You may not create an account if you are under the age of 18, or the age of legal majority in your jurisdiction if that is older. The Service is intended for business use. You may not use the Service for purely personal, family, or household purposes. By creating an account, you represent that you are using the Service for business purposes.
Webyn reserves the right to refuse registration, suspend accounts, or terminate access at our discretion, including where we have reason to believe that the account registration or use violates these Terms or applicable law.
Access to the core features of the Service requires a paid subscription. Subscription fees are charged in advance on a monthly or annual basis, depending on the plan selected. All prices are displayed on our Pricing page and are quoted in euros (EUR) exclusive of applicable taxes. For customers located outside the European Union who are subject to VAT under the reverse charge mechanism, you are responsible for accounting for VAT in your jurisdiction.
Payment is due at the beginning of each billing period. We accept major credit and debit cards, as processed by our payment provider Stripe. By providing payment information, you authorize Webyn to charge the applicable subscription fee to your payment method at the start of each billing period until you cancel your subscription.
If a payment fails due to an expired card, insufficient funds, or any other reason, we will notify you and attempt to reprocess the payment. If payment remains outstanding for more than 14 days after the due date, we may suspend access to your account until payment is received. Continued non-payment may result in account termination in accordance with Section 10.
Annual subscriptions are billed in full at the start of the annual term. We do not provide refunds for unused portions of an annual subscription, except where required by applicable law or where we have materially reduced the Service functionality as described in Section 2. Monthly subscribers may cancel at any time, effective at the end of the current billing period.
We reserve the right to change subscription prices with at least 60 days' notice. Price changes will take effect at the start of the next renewal period following the notice. If you do not accept the price change, you may cancel your subscription before the new price takes effect.
We may offer a free trial period for new customers. During the free trial, you have access to the Service features specified at the time of trial registration, without charge. Free trials are subject to these Terms except where expressly stated otherwise. At the end of the free trial period, you must subscribe to a paid plan to continue using the Service. We reserve the right to modify, suspend, or terminate free trial offerings at any time.
"Customer Data" means all data that you or your end users submit to or generate through the Service, including experiment configurations, variant content, visitor event data collected from your websites, and analytics outputs. You retain all ownership and intellectual property rights in Customer Data.
You grant Webyn a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Data solely to the extent necessary to provide the Service to you, to operate, improve, and secure the Service, and to fulfill our legal obligations. This license does not include any right for Webyn to use Customer Data for marketing to third parties or to aggregate Customer Data with data from other customers for cross-customer analysis, except in fully anonymized and aggregated form that cannot be attributed to any individual customer.
You represent and warrant that you have all necessary rights and permissions to submit Customer Data to the Service, that your use of the Service complies with applicable data protection law including the GDPR, and that you have implemented the required disclosures to your website visitors about the use of Webyn's technology. The Data Processing Agreement governs the processing of personal data contained in Customer Data.
The Service, including all software, algorithms, user interface designs, documentation, and other materials, is owned by Webyn and its licensors and is protected by copyright, patent, trademark, trade secret, and other intellectual property laws. These Terms do not transfer any ownership rights to you. Your use of the Service grants you only the limited right to access and use the Service as described in these Terms, and does not grant you any license to use our intellectual property for any other purpose.
Webyn's name, logo, and product names are trademarks of Webyn. You may not use these marks without prior written permission from Webyn. Nothing in these Terms gives you the right to use any of Webyn's trademarks in your own business name, domain name, or product names.
We welcome feedback and suggestions about the Service. By submitting feedback, you grant Webyn a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including incorporating it into the Service, without compensation or attribution to you.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:
Deploy experiments that are intentionally deceptive or manipulative in ways that harm your website visitors, including experiments designed to obscure pricing, misrepresent product functionality, or exploit cognitive biases in ways that cause measurable harm to user decision-making.
Collect or process sensitive personal data — including health information, financial account details, government identification numbers, or data about children under 16 — through Webyn's visitor tracking functionality without appropriate safeguards and legal authorization.
Circumvent or attempt to circumvent any security measures of the Service, access areas of the Service or infrastructure you are not authorized to access, or attempt to derive the source code of the Service through reverse engineering, decompilation, or disassembly.
Transmit to the Service any malicious code, viruses, worms, or other harmful content, or otherwise interfere with the operation of the Service or any infrastructure connected to it.
Use the Service in any way that violates applicable law, regulation, or the rights of third parties, including intellectual property rights, data protection rights, and consumer protection law.
Resell, sublicense, or otherwise make available the Service to third parties without Webyn's prior written consent, except that you may allow your employees and contractors to use the Service on your behalf in the normal course of your business.
We reserve the right to investigate potential violations of this Acceptable Use Policy and to suspend or terminate access where violations are found, without prior notice in cases of serious or ongoing violation.
Each party ("Disclosing Party") may disclose to the other party ("Receiving Party") information that is confidential or proprietary, including business plans, technical information, pricing, and customer data ("Confidential Information"). The Receiving Party agrees to protect the Disclosing Party's Confidential Information with at least the same degree of care it uses to protect its own confidential information, and in any event no less than reasonable care.
The Receiving Party may use Confidential Information only to fulfill its obligations or exercise its rights under these Terms. The Receiving Party shall not disclose Confidential Information to third parties without the Disclosing Party's prior written consent, except to employees, contractors, and professional advisors who have a need to know and are bound by confidentiality obligations at least as protective as those in this section.
Confidentiality obligations do not apply to information that: is or becomes publicly available through no fault of the Receiving Party; was already known to the Receiving Party before disclosure; is independently developed by the Receiving Party without use of the Confidential Information; or is required to be disclosed by applicable law or court order, provided that the Receiving Party gives the Disclosing Party prompt written notice (where permitted by law) and cooperates reasonably with any request to limit the disclosure.
These Terms commence on the date you create an account and continue until terminated. Your subscription term is as specified in your chosen plan. Either party may terminate these Terms at any time for convenience by providing written notice, subject to the following: if you terminate a paid subscription, termination takes effect at the end of your current billing period; if Webyn terminates for convenience, we will provide 30 days' written notice and refund any prepaid fees for the remaining subscription term.
Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice specifying the breach in reasonable detail.
Webyn may suspend or terminate your account immediately and without notice where: you violate the Acceptable Use Policy in a manner that poses risk to other customers or the Service infrastructure; you fail to make payment for more than 30 days after the due date; we reasonably believe continued operation of your account poses a security or legal risk; or we are required to do so by applicable law or a competent authority.
Upon termination, your right to access the Service ceases. We will provide a 90-day period after termination during which you may export your Customer Data. After this period, we will delete your Customer Data in accordance with our data retention schedule, except where we are required to retain it by law. Sections that by their nature should survive termination — including intellectual property, confidentiality, limitation of liability, and governing law provisions — will survive the termination of these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WEBYN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Without limiting the foregoing, Webyn does not warrant that the Service will operate without interruption or error, that any specific conversion rate improvements will result from use of the Service, that the Service will meet your specific requirements, or that any data or analysis provided through the Service will be accurate or complete. Your use of the Service and any reliance on data generated through it is at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you. To the extent that implied warranties cannot be excluded under applicable law, Webyn limits the duration and scope of such warranties to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBYN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WEBYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBYN'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO WEBYN IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).
These limitations apply to all claims, whether based on warranty, contract, tort, statute, or any other legal theory, whether or not Webyn has been advised of the possibility of such damages. Some jurisdictions do not allow limitations on liability for certain types of damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Webyn and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising from or related to: your violation of these Terms; your use of the Service in a manner not authorized by these Terms; your breach of any representation or warranty made in these Terms; your violation of applicable law; or any claim by a third party that your Customer Data or your use of the Service infringes or misappropriates their intellectual property rights or violates their privacy rights.
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any dispute arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Paris, France, except that Webyn may seek injunctive or other equitable relief in any competent court for urgent matters including protection of intellectual property or confidential information.
If you are a consumer rather than a business user, and applicable consumer protection law in your country of residence provides you with mandatory rights that cannot be waived by contract, nothing in this governing law provision affects those rights.
Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement, and any applicable Order Form, constitute the entire agreement between you and Webyn with respect to the Service, and supersede all prior or contemporaneous agreements, understandings, or representations relating to the same subject matter.
Amendments: We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice before material changes take effect, by posting the updated Terms on our website and, where we have your contact information, by email. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to updated Terms, your sole remedy is to terminate your subscription before the changes take effect.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions will continue in full force.
Waiver: No failure or delay by either party in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. A waiver will only be effective if it is in writing and signed by the waiving party.
Assignment: You may not assign or transfer your rights or obligations under these Terms without Webyn's prior written consent. Webyn may assign these Terms or any rights or obligations under them in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Force Majeure: Neither party will be liable for any failure or delay in performance caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, government action, or infrastructure failures not caused by the affected party's negligence.
If you have questions about these Terms or need to contact us regarding your account or subscription, please reach us at:
Webyn SAS
Paris, France
Email: contact@webyn.org
CEO: Vincent Oliveira — vincent@webyn.org