Terms of Service

2. Purpose

These Terms are intended to define the terms and conditions of use of the App and Services provided by the Company by Users.

If access to the App and/or Services is made through a third party, separate legal terms presented by that third party may also apply to your access to the Services. These terms will also be applicable to the provision of Services and must be complied with by the User.

3. Acceptance of Terms

Access to the Services by the User is conditional upon prior acceptance of the Terms when creating the User Account.

The Terms can only be validly accepted by a user who:

• (i) is a professional (not acting as a consumer or non-professional),
• (ii) is legally authorized to use the App in the country where they are located,
• (iii) is at least 18 years old.

By accepting these Terms of Service, the User certifies that they are at least 18 years old. In the event of non-compliance with one and/or the other of these conditions, the User shall be liable and the Company cannot be held responsible for not verifying compliance with these conditions.

The Company reserves the right to modify these Terms in whole or in part at any time. Any modification of the Terms will be effective as of their date of publication on the App.

Any User continuing to access the App or use the Services after the publication of the new Terms will be considered as having accepted these modified or replaced Terms. Therefore, Users are recommended to regularly consult these Terms.

4. Access and Use of the App

The App is available on the Google Play and/or App Store distribution platforms.

Once the App is installed, the User must create a User Account.

The User agrees to provide truthful information. The Company reserves the right to delete at any time a User Account that would not comply with applicable legal provisions, third-party rights or that would not be in accordance with the Terms.

The username and password chosen when creating the User Account are personal, confidential and unique.

The User agrees to keep their usernames and passwords secret and not to disclose them in any form. The storage, use and transmission of the username and password are carried out under the sole and exclusive responsibility of the User.

Any use of the username and password will be presumed to have been made or duly authorized by the User.

Consequently, the Company cannot in any case be held responsible for the harmful consequences resulting from unlawful, fraudulent or abusive use of usernames and passwords and access to the Services by a third party not expressly authorized by the User that would result from their fault or negligence.

In case of theft or misappropriation of usernames and passwords, it is up to the User to immediately notify the Company via email at contact@makeplan.tech.

No account transfer is authorized without the prior agreement of the Company.

5. Minimum Technical Requirements

The User must be equipped with an iOS or Android terminal (smartphone or tablet). The User is informed that access to the App and use of the Services require having the following minimum configuration: iPhone 12 Pro for iOS.

For Users of the App via an Android terminal, the User must also use a sensor robot marketed by the Company connected to the terminal via Bluetooth.

The operation of the App requires high-speed mobile Internet access. This access, essential for using the App, is the sole responsibility of the User. The User acknowledges that the availability of the App depends on the availability of communications services and high-speed Internet.

In addition, usage limits and specific geographical restrictions for the App may vary. Thus, it is recommended that the User regularly consult the Company's website to learn more about usage restrictions and recent changes made to the App.

The User acknowledges having the competence and means necessary to access the App and to use the Services. The User is solely responsible for the proper functioning of their equipment.

The hardware and software allowing access to the App and use of the Services are at the exclusive expense of the User, as are the telecommunications costs induced by their use.

6. Description of Services

Once the registration steps are completed, the User will be able to:

• Generate instant 2D or 3D plans.
• Access a drawing interface to create, adjust and refine plans.
• Import existing plans, images, PDF files and modeled objects to create interactive plans in different formats.
• Export surveys in many formats.
• Geolocate plans on IGN-type map backgrounds.
• Generate detailed reports (flat areas, wall surfaces, perimeters, walls, etc.).
• Annotate and customize plans by adding written or dictated notes as well as photos and videos.

7. Use of Services

The User must make authorized and normal use of the App and associated Services and acknowledges that the Company may implement measures to prevent any manifest diversion of the purpose of the Services. The User must thus use the App in compliance with applicable laws and regulations and is solely responsible for their use of the App. They must, in addition, comply with the Terms.

The User must in no case make unauthorized use of the App or Services, that is to say contrary to applicable laws and regulations. The User is also informed that the following uses, without this list being considered exhaustive, are considered unauthorized:

Infringement of the App

• Using a process designed to distort, alter, modify, disassemble, delete the App, protocols and communications, such as viruses, Trojans, worms, logic bombs, etc.
• Alter or attempt to alter the App, its functionality or availability.
• Bypass, disable or disrupt functions related to the security of the App and its integrity.
• Use an automated system to access the App or create User Accounts.
• Create fake accounts. The Company reserves the right to request additional information from Users to confirm their real identity.
• Infringe the Company's intellectual property rights, particularly by reselling or commercializing the App.

Infringement of third-party rights

• Use any content subject to property rights without license or express permission from the rights holder.
• Engage in activities that infringe on the privacy of other people, particularly by impersonating another person.
• Engage in activities that infringe on the right to image of others or any other personality right.
• Use the App for phishing, identity theft or spamming purposes.
• Use the App to embarrass, threaten, harass or invade the privacy of a third party, or expose a third party to shocking, indecent or dangerous content.
• Extract data from the Services, whether stored by the Company or belonging to other Users, for unauthorized reuse.
• Collect information from other Users, including their email addresses, to use them for sending commercial solicitations or to integrate them into a referencing service.

Prohibited Content

It is strictly forbidden to upload, publish or share inappropriate content, including:

• Illegal content or inciting to commit crimes and offenses.
• Content that infringes on human dignity.
• Content of a sexual, pornographic or pedophile nature.
• Defamatory, insulting, racist, violent or offensive content.
• Revisionist content, making apologies for war crimes or terrorism.
• Content calling for murder or inciting suicide.
• Content that infringes on the security or integrity of a State or territory.

If the Company detects prohibited use of the Services, it may:

• Permanently block the User Account.
• Take any other action necessary to protect its rights.

In all cases, the Company may delete User Content related to unauthorized and/or contractually prohibited use of the Services.

Any deletion of User Content or any suspension or permanent closure of the User Account cannot give rise to any refund or payment of damages to the benefit of the User concerned.

8. Liability

The Company expressly disclaims any express, implied or regulatory warranty regarding any aspect of the App and Services, including but not limited to any merchantability warranty.

The Company cannot also be held liable in case of errors or inaccuracies in the information and data transmitted through the Services, which are provided for information purposes only without any guarantee of accuracy.

The App and Services are accessible and used via the Internet. Users acknowledge and agree that the Company does not operate or control the Internet and that the Company cannot guarantee that the App will function without interruption, safely, accurately, punctually, without viruses or without error, or that it will be free from errors or omissions.

Similarly, Users acknowledge that:

• (i) computer viruses, worms, Trojans or other unwanted data or software,
• (ii) unauthorized users (e.g. hackers),

may attempt to access and damage Users' data, terminals or networks. The Company cannot be held liable for these activities.

Consequently, the Company cannot be held liable for direct and indirect or consequential damages (resulting in particular from any errors, inaccuracies or omissions), including without limitation:

• Loss of customers,
• Loss of earnings,
• Loss of profits,
• Damage to image,
• Third-party claims resulting from the User's use of the App or Services.

9. Intellectual Property

9.1 User's Intellectual Property

The User is the holder of the rights relating to the User Content that they introduce into the App.

The Company claims no property rights over User Content.

However, in order to make the App available and provide the Services, the Company must obtain authorization to use the User Content from the User.

The User thus grants the Company a worldwide, non-exclusive, free, sub-licensable and transferable license of the intellectual property rights relating to the User Content.

The license covers the following rights:

• The right of reproduction: which includes the right to reproduce the User Content in number, in whole or in part, in all formats and on all known and unknown media to date and by all material fixation processes known or unknown to date.
• The right of adaptation: which includes, subject to respect for the moral rights of authors, the right to proceed for the purposes of reproduction and representation, in whole or in part, to any adaptation, addition, deletion or change of any element of the User Content and, in general, to any modification, as well as the right to reproduce or represent these adaptations, and to translate them into all languages.

9.2 Company's Intellectual Property

The App contains exclusive and confidential information protected by intellectual property laws and treaties. The Company retains exclusive ownership of the App and the User agrees not to directly, indirectly or through third parties, infringe, jeopardize or limit, by any means, the intellectual property rights that the Company has over the App.

Similarly, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into another material, commercial or non-commercial exploitation and/or reuse in any way of all or part of the elements constituting the App is strictly prohibited.

MAKE PLAN, the trademarks and associated logos are trademarks owned by the Company.

The User benefits, subject to acceptance and compliance with the Terms of Use, from a limited, non-exclusive, non-transferable, non-assignable right of use, free of charge, to download and install the App on a Smartphone or tablet type terminal and to use the App personally through their User Account. This right is granted to the User for the entire duration of the User Account and throughout the territory in which the Company markets the Services.

The User agrees not to:

• Grant the license, sell, assign, lease, export, import, distribute or transfer or grant rights to a third party on the App.
• In any way, modify, copy, decompile, perform reverse engineering, disassemble all or part of the elements constituting the App, or attempt to derive the source code, or create derivative works from all or part of the App or its updates, except in cases where applicable law would provide otherwise.
• Directly or indirectly, create a derivative work, search for the source code or protocols of the App software.
• Remove, hide or modify the trademark notices or other property notices included in the App.

10. Availability and Maintenance

The Company, as well as its technical service providers, may need to interrupt access to the App in whole or in part for maintenance reasons necessary for its proper operation. The User will be notified when possible, and subject to the urgent nature of the operation, by information on the App.

Maintenance operations will be carried out when possible outside of business hours. These maintenance interruptions will not give rise to any compensation and the Services will be accessible as soon as the maintenance operation is completed.

11. Computer Science and Freedoms - Personal Data

The elements relating to the processing of personal data under these terms are described and governed by the provisions of the privacy policy that the User is invited to consult by clicking on the following link: Privacy Policy.

12. Hypertext Links

Setting up a hypertext link pointing to the App requires prior written authorization from the Company.

In addition, the Company declines any responsibility relating to the content of sites possibly linked to the App.

13. Notifications

Any correspondence to the attention of the Company will be sent by email to contact@makeplan.tech.

14. Entirety

The terms of these constitute the entirety of the obligations binding Users and the Company and replace any previous agreement, which they purely and simply cancel.

The fact that one of the parties does not avail itself of a breach by the other party, of any of the obligations referred to in these terms, cannot be interpreted for the future as a waiver of the obligation in question.

15. Applicable Law and Competent Jurisdiction

These Terms are governed by Belgian law. The Commercial Court of Brussels will have exclusive jurisdiction to settle any dispute or claim arising from these Terms.