Terms & Conditions
GOWAM SUBSCRIPTION AGREEMENT
1. PREAMBLE
Gowam SRL, hereinafter referred to as Gowam, is a company that develops a management application (ERP type). This application can be installed on various devices: Windows PC, Mac, iPhone, iPad, Android phone, and Android tablets. It is distributed in Belgium and Luxembourg through resellers. Gowam does not provide direct service to end users. The resellers handle installation, configuration, training, and user support. As Gowam does not host client data, the client may either host their own database or entrust this task to their reseller (see section 12). Resellers may also offer additional customization of the application through plugin development, with or without Gowam's assistance.
2. GOWAM CONTACT DETAILS
Gowam SRL
Avenue des Mûres 50
1180 Uccle
VAT number: BE 1014.270.996
3. GOWAM APPLICATION VARIANTS
GOWAM MULTI
This is the most comprehensive version of the application, offering all features and allowing installation on multiple devices connected to the same database. Although each device can use the application without internet access, data is synchronized with the client's central cloud database whenever internet connectivity is available. Available features include:
• Order management
• Stock management (multiple warehouses, traceability with batch and serial numbers)
• Invoicing with Peppol transmission and Peppol delivery tracking
• Payment reminders
• Size and color management
• Management of taxes (BEBAT, RECUPEL, FOSTPLUS, AUVIBEL, REPROBEL)
• Point of sale
• INTRASTAT declaration
• Subscription management
• Project management, ticketing, and CRM
GOWAM MONO
This version offers the same features as GOWAM MULTI but can only be installed on one device. Therefore, no cloud database is used.
GOWAM LIGHT
This version allows the creation of invoices and credit notes only, and their sending via Peppol. It can only be installed on one device. There is no cloud database.
GOWAM PEPPOL
This version is an add-on for the Logistics software by WinBooks. It allows sending invoices and credit notes via the Peppol network and tracking their delivery status (success or failure) within the Logistics application.
4. ACQUISITION
The client orders a license to use the application from a reseller, providing full details: name, address, phone number, VAT or company number, and email address (for individuals) or the email of the company's legal representative (for companies). In addition, individuals must provide a copy of their ID card, while companies must provide their articles of incorporation and a copy of the legal representative's ID card.
The client specifies the chosen application variant, the number of devices (in the case of GOWAM MULTI), and their types (PC, Mac, iOS, Android).
The client will receive from their reseller all necessary information to install the application on their devices, as well as a login and password to initialize the application on each device.
The GOWAM subscription contract begins upon acceptance of these conditions during the initialization of the first device, hereinafter referred to as the contract start date.
5. CONTRACT DURATION
GOWAM LIGHT and GOWAM PEPPOL
The contract is concluded for a period of three years, automatically renewed for another three years on the anniversary date of the contract start. Either party may terminate it under the conditions provided in Articles 15 and 16.
GOWAM MONO and GOWAM MULTI
The contract is concluded for one year, automatically renewed each year on the anniversary date of the contract start. Either party may terminate it under the conditions provided in Articles 15 and 16.
6. BILLING
The reseller invoices the client for the use of the Gowam application. The reseller may also charge for additional services such as setup, user support, cloud database hosting, shared document hosting, and email sending services.
GOWAM LIGHT and GOWAM PEPPOL
Due to their low cost, use of GOWAM LIGHT or GOWAM PEPPOL is billed in advance for three (3) years, either at contract start or renewal. Except in cases where the application does not function on the client's device, no refund is possible for these two variants.
GOWAM MONO
Use of GOWAM MONO is billed yearly in advance, either at contract start or on subsequent anniversaries. Except in cases where the application does not function on the client's device, no refund is possible.
GOWAM MULTI
Use of GOWAM MULTI is billed yearly in advance, at contract start or on subsequent anniversaries. The invoiced amount depends on the number of devices used. Adding or removing a device during the year will result in a corrective invoice (positive or negative) with an administrative fee of €50. The current month will be billed in case of device addition or removal.
7. LEGAL USE OF GOWAM
The client and user agree not to use the Gowam application and its services (Peppol transmission, email sending, and cloud document storage, hereinafter referred to as “Services”) in any way not expressly authorized by this subscription agreement or that would infringe upon Gowam's or third-party intellectual property rights, or any applicable laws or regulations.
8. LIABILITY
The client assumes full responsibility for the use of the Gowam application, including the content and compliance of generated documents (such as quotes or invoices). It is the client's responsibility to verify the accuracy of all produced information. Any third-party claims related to billing, delivery, or similar errors are entirely the client's responsibility, and no recourse can be taken against Gowam. Gowam is not responsible for damages or losses resulting from unauthorized access to the application.
Gowam will not be liable for:
• malfunction of the client's computer or mobile device, telecommunications services, or any third-party software or hardware;
• failure by the user to follow the security precautions or instructions in this contract;
• negligent, illegal, unethical, fraudulent, or criminal acts or omissions of third parties;
• internet attacks, hacking, computer viruses, bugs, malware, or other errors.
Although Gowam makes every effort to ensure satisfactory application performance and accuracy of information, it cannot guarantee error-free operation, uninterrupted service, virus-free content, or complete accuracy of the information provided.
For example, Gowam does not guarantee that:
• the Services will meet the user's specific needs or expectations;
• the Services will be bug-free or continuously available;
• all defects will be corrected.
Gowam is not responsible for any content uploaded or entered by the user. While Gowam will take necessary measures to restore service continuity as quickly as possible, it is not liable for any suspension, interruption, temporary unavailability, or failure of the application or Services. If Gowam's liability is engaged, it will not extend to indirect or incidental damages such as loss of profit, revenue, data, customers, reputation, or third-party claims, regardless of cause. Gowam's maximum total liability will never exceed the price paid by the client for the current subscription period.
9. PERSONAL DATA PROCESSING
The client's personal data (name, address, VAT number, contact, email, phone number) and, if the client is a legal entity, the personal data of contact persons or users are processed in accordance with Gowam's privacy policy available on its website, in compliance with the General Data Protection Regulation (EU Regulation 2016/679, hereinafter “GDPR”) and the Belgian law of July 30, 2018.
The client and user acknowledge that, as data controller, Gowam processes all data transmitted during use of the application. These data are collected for application management purposes (customer administration, billing, commercial follow-up, and usage statistics). Processing is carried out under the performance of this agreement (Article 6.1.b of the GDPR) or Gowam's legitimate interest (Article 6.1.f of the GDPR).
Data are retained for the duration of the subscription and for up to one year after termination, then deleted. Data are shared with the reseller and stored in a secure Microsoft Azure datacenter located in the European Union. They may also be disclosed to subcontractors assisting Gowam, such as Peppol access points.
Under GDPR, users and clients have the right to access, rectify, erase, limit processing, data portability, object to processing, and lodge a complaint with the Data Protection Authority (https://www.autoriteprotectiondonnees.be/). Requests should be sent by email to admin@gowam.com.
10. CLIENT DATA SECURITY
“Data” refers to all information about the client or their own customers collected and processed through the application. For Gowam Mono, Light, and Peppol variants, no data is stored in the cloud, and security is managed by the client's IT service. For Gowam Multi, data are saved locally on each device and synchronized with the cloud managed by the client or reseller. Multiple copies minimize data loss risk. Security is handled by the client's IT team or the reseller if applicable. Clients are solely responsible for implementing adequate security, protection, and backup measures. It is recommended to use encryption, perform regular backups, and keep antivirus software up to date.
11. INTELLECTUAL PROPERTY
Gowam retains full ownership of its application and all components, including software and content published on the application or its website (texts, images, graphics, logos, icons, and sounds). Gowam also owns its registered trademark. Subject to payment and compliance with this agreement, Gowam grants the client a personal, non-exclusive, non-transferable license for users to display and use the application and its services during the subscription period. Documentation is for the client's and their employees' use only and may not be disclosed publicly without Gowam's prior written consent.
12. INCLUDED AND EXCLUDED SERVICES
12.1. BUG FIXING
If the application does not work as expected, the client must contact their reseller's support service with details. If the issue comes from incorrect configuration, the reseller can fix it. If it stems from hardware incompatibility, the reseller can recommend compatible equipment. If it is a genuine application bug that significantly affects the client and is not an isolated case, Gowam will make reasonable efforts to correct it as soon as possible (best-effort obligation). Clients using outdated versions must update to receive fixes. Both parties acknowledge that, as per Article 8, Gowam cannot be held liable for bugs.
12.2. SENDING INVOICES AND CREDIT NOTES VIA PEPPOL
The application enables sending electronic invoices and credit notes to Belgian VAT-registered entities via the Peppol network. Gowam uses a recognized access point widely used by software vendors in Belgium and is not responsible for delays or failures caused by the access point's services.
12.3. HOSTING OF THE CENTRAL DATABASE
This applies only to Gowam Multi. The application must access a Microsoft SQL server via the internet. The client may host it themselves or through the reseller.
12.4. HOSTING OF SHARED DOCUMENTS
This applies only to Gowam Multi. Shared files (photos, PDFs, XML files for Peppol, etc.) are synchronized via Microsoft Azure Blob storage. The client may use a personal account or, if available, the reseller's account.
12.5. EMAIL SENDING
For email sending, the client may use the standard email system on their device (manual sending only) or the Mailgun platform. They can either use a personal Mailgun account linked to their domain or, if offered, the reseller's Mailgun account.
13. SPECIAL CONDITIONS
13.1. CLIENT COMMITMENTS
The client agrees to: designate a main contact person, pay invoices on time, protect application access (with passwords or biometrics), notify the reseller of changes in the number of devices used, and avoid abuse of hosting or email services.
13.2. REFERENCES
Unless otherwise stated in writing, both parties allow each other to use their names, brands, and visual elements free of charge worldwide, solely for marketing, partnership, or client reference purposes.
13.3. FORCE MAJEURE
Neither party is liable for delays or failures caused by force majeure beyond reasonable control (government action, disaster, strike, war, epidemic, embargo, seizure, etc.). This exemption remains valid for the duration of the event.
14. SERVICE SUSPENSION
Gowam or the reseller may suspend all or part of the Services (Peppol sending, email delivery, cloud synchronization) or the use of the application if the client violates these conditions, in case of suspected illegal use, or upon judicial request.
15. TERMINATION BY THE CLIENT
The client may terminate the contract at any time by sending an email to their reseller and to admin@gowam.com. The current month will not be refunded. For Gowam Mono and Multi, prepaid future months will be refunded minus a €50 administrative fee. Upon termination, the client must export or back up their data (Excel or JSON format).
16. TERMINATION BY GOWAM
Gowam may terminate the contract at any time with six months' notice by email or mail. Prepaid months will be refunded without administrative fees. After refund, the client must stop using the application and export or back up their data.
17. SEVERABILITY
If any provision of this contract is found illegal or unenforceable, the remaining clauses remain in effect. Both parties agree to replace invalid clauses with lawful ones having similar intent and effect.
18. APPLICABLE LAW
This agreement is governed exclusively by Belgian law. Any dispute related to its interpretation or execution shall be submitted to the exclusive jurisdiction of the French-speaking Court of Brussels.