1. Definitions

For the purposes of these general conditions, the following terms shall be interpreted as follows:

1.1. As Built Digital: As Built Digital BV, with registered office at Willem Deganckstraat 21, 1730 Asse, registered with the Crossroads Bank for Enterprises under number BE 0804 338 054;

1.2. Application: the software application offered by As Built Digital BV, currently under the name As Built Plan;

1.3. User: the natural or legal person using the Application and allowing the Application to process data related to an identified or identifiable living natural person in any way, such as collecting, recording, organizing, structuring, storing, updating, or modifying, retrieving, consulting, using, providing by means of transmission, distributing, or otherwise making available, aligning or combining, shielding, erasing, or destroying such data.

2. Acceptance of General Conditions

By using the Application, the User agrees to be bound by these General Conditions. If the user does not agree to these conditions, he should not use the Application.

3. Applications of the Application

The Application is a tool for, among other things, creating and validating electrical diagrams, whether for a new electrical installation, an extension of an existing installation, or in preparation for an electrical inspection after the expiration of the inspection certificate.

The applications of the Application may expand over time.

4. Price and Payment

4.1. By using the Application, the User agrees to use the Application within the conditions specified herein, with the applicable rate plan or agreed price or pricing. In case the User wishes to increase the number of usage rights he possesses, an appropriate fee must be paid, with the pricing conditions applicable at the time of the User’s request.

4.2. Unless otherwise agreed, the invoiced amounts must be paid in full upon delivery of the service, without deduction, set-off, or suspension.

4.3. Upon the mere expiration of a payment term, the customer is in default, and he will owe As Built Digital, by operation of law and without prior notice, default interest of 1% per month, with the full interest for that month being due for each started month, and a lump-sum compensation of 10% of the amount of the outstanding invoice. At that time, all claims of As Built Digital under the relevant agreement and related agreements become immediately and entirely due and payable.

4.4. In case of bankruptcy or in case of judicial composition or a similar situation of suspension of payment by the end customer or user, all claims of As Built Digital become immediately and entirely due and payable.

4.5. All judicial and extrajudicial costs incurred by As Built Digital for the collection of its claim(s) will be borne by the customer. The reimbursable extrajudicial costs will amount to 15% of the total outstanding amount with a minimum of €50, without prejudice to the right of As Built Digital to prove and claim the actually incurred judicial or extrajudicial costs.

5. Privacy

The use of the Application is subject to the privacy policy applicable to the Application, describing how we collect, use, and share personal information. By using the Application, you agree to this privacy policy.

6. Use and Disclaimer of Warranties

6.1. The Application is provided ​“as is” without any express or implied warranties. As Built Digital BV independently decides on improvements to the Application (updates or new versions) at its sole discretion.

6.2. Users of the Application are responsible for ensuring the accuracy and compliance of electrical diagrams and obtaining any necessary approvals or certifications. As Built Digital cannot be held liable for inaccuracy, non-compliance with regulations, or errors in installation.

6.3. As Built Digital does not guarantee the availability, accuracy, or reliability of the Application.

6.4. The use of the Application does not guarantee the accuracy or compliance with all AREI regulations. The results of validations provided through the Application are for informational purposes only and do not constitute official AREI certification. The use of the Application does not replace the legally required inspection.

7. Intellectual Property

7.1. The source code, software and copyrights to the Application, and trademark rights of As Built Plan remain the property of As Built Digital at all times.

7.2. The lawful use of the Application grants the User an individual, non-transferable, non-exclusive right to use the Application for his business or personal purposes, for the agreed duration and for the territory of Belgium.

7.3. Under the usage right, the User may: (i) permanently or temporarily install and reproduce the Application, within the limit of the permitted number of workstations or applications; (ii) use, implement, display, perform, load, and store the Application, within the strict limits of the User’s needs for his professional or private activity, in accordance with the agreement concluded with As Built Digital BV and the destination of the Application.

7.4. Any other use of the Software by the User is prohibited. The User refrains from and prohibits third parties from: (i) performing any temporary or permanent reproduction of the Application; (ii) distributing, leasing, marketing, or sublicensing the Application; (iii) modifying the Application without prior written permission from As Built Digital BV; (v) linking or integrating the Application into other products without prior permission from As Built Digital BV; (vi) decompiling the Application in any way.

The use of the Application will in no way give rise to the transfer of the intellectual property rights of As Built Digital BV.

8. Limitation of Liability

8.1. The User is aware that software is never free of errors. A minor reduction in the quality of the Application does not constitute a defect.

8.2. As Built Digital cannot be held liable for any defect or incident caused by the use of the Application that does not meet the intended purpose, a hardware or software error in the User’s electronic equipment.

8.3. As Built Digital is not liable for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Application.

As Built Digital is only liable in case of intent or gross negligence. In case of a breach of a substantial contractual obligation, the liability of As Built Digital BV is limited to the typically foreseeable damage, except in case of intent or gross negligence.

The above limitations of liability do not apply in case of personal injury and any other liability imposed by mandatory law.

As Built Digital’s liability for data loss is limited to the repair costs that would have arisen with regular preparation of backups.

8.4. The following are excluded from the scope of the services provided by As Built Digital:

defects caused by improper use of the Application;

defects caused by the User or modifications made to the Application by the User without express written permission from As Built Digital;

defects caused by the Application not being updated or upgrades not being installed;

defects caused by the User’s refusal to grant As Built Digital access to his IT environment as part of remote assistance;

defects caused by incompatible software or hardware.

Maintenance services only cover software maintenance and not equipment maintenance (hardware, network).

8.5. As Built Digital cannot be held responsible for any intentional damage, malicious intentions, or sabotage by a user or a third party.

8.6. In case of force majeure, being sudden unforeseen events or circumstances that occur independently of the will of the contracting parties and that make it absolutely impossible to initiate the performance (such as, for example, illness or accident), the contract is terminated without the right to payment of the contract sum and without giving rise to any liability or right to compensation. The contracting party invoking force majeure must inform the other contracting party thereof without delay.

9. Applicable law and jurisdiction

9.1. These General Terms and Conditions are governed by Belgian law.

9.2. Except in the case of divergent regulations, the Dutch-speaking courts of Brussels have jurisdiction in the event of disputes.