We, APROPLAN S.A., Avenue d’Arlon 82, 1000 Brussels, Belgium, (hereinafter referred to as “APROPLAN S.A.” and “we”) operate the platform APROPLAN (hereinafter referred to as “APROPLAN”) under the website accessible through www.APROPLAN.com and other associated domain names (the “Website”). APROPLAN is a closed platform where registered users can collaborate on construction projects (included associated activities). APROPLAN is a collaborative communication platform that allows complete digital organization of construction projects, including document management, task management, notes and messages, meeting minutes, hand-overs and much more. APROPLAN can be operated and used worldwide from compatible devices and the most common contemporary operating systems in a quick, complete and user-friendly manner.
1. Scope: For Whom and to What Do These Terms Apply?
1.2. We reserve the right to offer additional services and applications through APROPLAN. In the latter case, we will inform you separately and transmit additional terms and conditions to you, if necessary.
1.3. Third parties partner may offer applications through APROPLAN. User contracts for these applications are made only with each individual vendor.
2. Registration and Contract Formation
2.1. You must register to use APROPLAN. With your registration, you agree that you do not yet have an account with APROPLAN or that you have deleted your old account. Each user may register only once and have only one active account.
2.2. We may offer various ways to register. It is at your free choice which of these methods you want to use to register.
2.3. To register with APROPLAN you must enter the required information truthfully and completely, unless they are marked as optional. A registration under a pseudonym or under false or incorrect data is not permitted. In case of changes, you must update all data immediately so that we can ensure smooth use.
2.5. After the registration we will send you a confirmation of your registration by e-mail together with these Terms. The registration process is completed only after receiving this e-mail (“Completion of the Registration”). Upon full Completion of the Registration, a user agreement is formed between you and us.
2.6. We have no obligation to let you enter into a user agreement. We may refuse your registration request at any time without providing any reasons. In that case, we will, of course, delete any information and data you have already entered.
3. Subject-matter of the Agreement
3.1. The subject-matter of this agreement is the use against payment or free of charge, as applicable, of APROPLAN, as accessible via the Website.
3.2. With APROPLAN, we provide you a platform to bring users together so they are able to network with each other independently. We provide you with the technical prerequisites and applications to do so. We do not take a part in the contents of the networks and communications.
3.3. APROPLAN S.A. may be improving APROPLAN on a regular basis and may also need to change technical features from time to time for that purpose. Accordingly, you acknowledge and agree that the functionality of APROPLAN may vary from time to time. Technical requirements for use of APROPLAN and feature descriptions are available on the Website. You may need to upgrade to a new version in order to enjoy the benefit of certain features or functionalities.
4. About the APROPLAN offer
4.1. Each user (for user categories, see Section 5 below) has his or her own profile, which can be personalized.
4.2. Each user profile contains some tools and features pre-installed for each projects space. You can use these projects space and also create your own projects space and invite other members to use them. You, as the administrator, are responsible for the projects space you have created and can freely decide whom to invite.
4.3. In addition, you can participate in project spaces that were created by other users or providers. When you have “joined”, you can fully use the project space. Administrators can freely decide whether they make their project space closed or available for other to join and whom they invite to use it. You have no right to the use of other’s project spaces, except upon invitation.
4.4. Each project space contains various applications.
4.5. In addition, you can invite people who have not registered on APROPLAN by typing in their e-mail address.
5. User Categories
5.1. You may use APROPLAN as a “Paying user” or as a “Guest user”.
5.2. As a “Guest user” you may use APROPLAN free of charge with limited functionality and bandwidth as offered on the Website.
5.3. As a “Paying user” you may use more functionality with an increased bandwidth depending on the offer selected on the Website.
5.4. You may use some features of APROPLAN initially for free for a trial period as set out on the Website. After the trial period it is up to you to decide how you want to continue with your account. You may continue to use APROPLAN as a Guest user or as a Paying user. You can switch from one user category to the other at any time, provided that any fees paid will not be refunded to you. If you do not terminate your account or choose to continue using APROPLAN as a Paying user at the end of the trial period, then you will automatically be regarded as a Guest user until you select another option.
6. APROPLAN’s availability
6.1. APROPLAN is available is available on a 7days/7 and 24hours/24 basis with a ninety-five (95) percent average annual availability (hereinafter referred to as “SLA”). We will notify you in a timely fashion if possible if maintenance is required as a result of which APROPLAN is not available. Platform downtimes due to maintenance will not be counted as unavailability periods for the calculation of APROPLAN’s availability. We are not responsible for Internet or web-related downtimes, especially downtimes during which APROPLAN cannot be accessed through the Internet due to technical or other problems that are beyond our control (e.g. force majeure, third party fault, etc.).
6.2. Should the above mentioned SLA not be attained for any given twelve (12)-month contract period, then you will be entitled to a one (1)-month free use of APROPLAN. You acknowledge and agree that this shall be your sole remedy for breach of the SLA.
7. Rules for the Use of APROPLAN
7.1. When using APROPLAN, you must observe all applicable laws and other regulations. In particular, you may not post and/or distribute data or content such as texts, images, graphics and links which violate regulations or infringe third-party intellectual property rights, copyrights or other rights of third parties. You are solely responsible for the information and content provided by you. We neither review the contents for their accuracy nor check for viruses or virus-related processability.
7.2. You may upload and add files, such as document, plans, files, pictures, etc., in project spaces. Before uploading any files or photos, you must ensure that you are entitled to the exclusive usage rights to the photo or file and that the public disclosure of the image or file is not in violation of any laws, public morals and/or does not infringe any rights of third parties. Images or photos of people other than you may only be posted on APROPLAN if approval has been given by these people
7.3. You may not upload and/or make publicly available any files with the depiction of violence or pornographic, discriminatory, offensive, racist, defamatory or other illegal contents or depictions. Furthermore, it is prohibited to upload image files that wholly or partially represent company signs, trademarks or commercial marks or other proprietary signs. This does not apply, of course, if you are entitled to them, i.e. if you are the proprietor of the rights to those logos or if the proprietor of the rights has authorized you to use them.
7.4. Both you and we can delete or replace posted pictures and files at any time. In particular, we are entitled to remove pictures or files without prior notification if and insofar as any concrete evidence exists that their publication at APROPLAN violates any legal regulations, public morals and/or third-party rights.
7.5. Contents and texts posted at APROPLAN may not be copied, distributed or otherwise made publicly available without permission from the proprietor of the right, unless this is permitted by law.
7.6. It is prohibited to carry out or encourage anti-competitive acts, including progressive customer acquisition, such as chain, pyramid or Ponzi schemes.
7.7. Harassing actions such as sending chain letters or sexually suggestive or explicit communications are prohibited.
7.8. It is prohibited to carry out attacks on the performance of APROPLAN, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or the sending of spyware, viruses and worms.
7.9. If you violate these rules, we are entitled to warn you, suspend you or possibly even completely exclude you from using APROPLAN. We have the right to remove illegal content immediately.
8. Other Content
8.2. Moreover, we shall not be responsible for any texts, pictures, data and/or information or more generally any contents posted or provided by you and any other users of APROPLAN. We specifically exclude any warranty that these contents are true, accurate or fit for a specific purpose.
9. Data Backup
You will make the necessary arrangements to secure the data and content entered, uploaded and saved by you on APROPLAN on a regular basis and in accordance with the risk level and to create your own backup copies to ensure the reconstruction of data and information in case of their loss.
10. Identity of Users
It is technically not possible for us to establish with certainty whether a registered user of APROPLAN actually has the identity which he or she pretends to have. Therefore, we cannot guarantee the correct identity of users.
11. Account Security
You are responsible for maintaining the confidentiality of your password. This means that you must keep your access password secret, may not disclose it, will not tolerate or allow it to be known by third parties and take the necessary measures to ensure confidentiality. You are responsible for any activity using your account, whether or not you authorized that activity. In case of actual or suspected misuse or loss of this information, you must notify us immediately by e-mail at address: .
12. Right of Withdrawal for Consumers
12.1. If you are a Consumer, subject to Section 12.2, you are entitled to notify to APROPLAN S.A. that you withdraw from entering into this agreement within fourteen (14) days from the day of entering into an agreement with us for the use of APROPLAN, without any indemnity or penalty, without giving any reasons in text form (e.g. letter, fax, e-mail). Any notification should be sent to us at : APROPLAN S.A. Avenue d’Arlon 82, 1000 Brussels Belgium support@APROPLAN.com
12.2. You will lose the right of withdrawal set forth in Section 12.1 if performance of the agreement begins with your agreement before the end of the fourteen (14)-day period referred to in Section 12.1.
13. Reporting breaches or infringements
If you notic
15. Warranty and Liability limitation
15.3. Except in case of willfull misconduct or intentional breach, or in the event of personal injury caused by a defect in APROPLAN, in no event shall APROPLAN S.A. be liable for any indirect loss or damage whatsoever, including but not limited to lost profits, loss of customers, lost data, loss of intangible goods, or for damages that are not foreseeable (including as to their extent), arising out of the use and/or impossibility to accessAPROPLAN and /or unauthorised access to APROPLAN by a third party and/or actions by a third party and/or any other cause related to APROPLAN.
15.4. Without prejudice to any other provision of this agreement (including Section 6.2) and except in the case of willful misconduct or intentional breach, or in the event of personal injury caused by a defect in APROPLAN, in no event shall APROPLAN S.A.’s liability in respect of all causes of action that arise hereunder exceed the total amount paid by you for the use of APROPLAN during the twelve(12)-month period preceding the date of occurrence of the damage or, in the case of a series of damages before the latest damage to occur.
15.5. The warranty and liability limitations and disclaimers set forth in this section are also set forth to the benefit of all third party suppliers and licensors.
15.6. Some applicable laws do not allow some exclusions or limitations set forth above, so the above exclusions or limitations may not apply to you, especially if you are a Consumer. In such event APROPLAN S.A.’s warranty and liability will be limited as far as legally possible under the applicable legislation.
17. Intellectual Property Rights
17.4. We are entitled to freely use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. This will not result in any right to APROPLAN or any part thereof belonging to you.
18. Pricing and Payment Terms
18.1. The prices for the use of APROPLAN are based on pricing set out on the Website at the date of the order which you can always access at www.APROPLAN.com/pricing, subject to gross mistakes or changes made to the VAT.Any third-party applications or third-party product will be subject to the pricing of and are the sole responsibility of each individual vendor.
18.2. Where you purchase the right to use APROPLAN on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to APROPLAN S.A by the method you have chosen in advance at the recurring intervals chosen by you, until that subscription is terminated by you or by APROPLAN S.A.
18.3. APROPLAN S.A. may change the prices, including those applicable to subscriptions, at any time without any prior notice to you. You can choose whether or not to accept the new prices prior to completing your next purchase. The new prices will apply to your next purchase after the new prices have been published or, for subscriptions, at the end of the then current subscription period (and you will be informed of the new prices before your payment for the next period is made).
18.4. If you are in default with any payment obligations (immediately after the first non-payment), we are entitled to deny access to APROPLAN and/or terminate our agreement with you without notice.
18.5. We reserve the right to assert further claims for default of payment.
19. Duration and Termination of Your User Agreement
19.1. Depending on the pricing model, the agreement is formed for an indefinite term or for a certain fixed minimum term (hereinafter “Agreements with a Minimum Term”).
19.2. Agreements for an indefinite term may be terminated at any time by either party. For agreements for an indefinite term, changing to a different user category does not constitute termination of the agreement. We only adjust the terms of compensation and rights to your new user category.
19.3. Agreements with a Minimum Term will be in force until the end of the agreed period and will automatically renew for the same period of time, unless you or we terminate them before the end of the then current period.
19.4. APROPLAN S.A. reserves the right to withdraw or change the subscriptions at any time. In the event of such a change, APROPLAN S.A. will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, with effect from the date on which the changes are due to take effect.
19.7. Upon termination of your user agreement, (a) you acknowledge and accept that all licenses and use rights related to APROPLAN shall terminate; (b) you shall remove any software provided hereunder from any devices, hard disks and other storage media and destroy all copies in your possession or under your control; and (d) your access to APROPLAN shall terminate, without any refund of any amount paid by you (unless in the case of termination by us due to an event of a force majeure event or as set forth in Section 19.5).
19.8. Any and all refund payments hereunder will be made in the same form as you initially made payment.
20.1. Entire Agreement
20.3. No waiver
20.5. Applicable law
APROPLAN S.A. and you agree to submit to the exclusive jurisdiction of the commercial courts of Brussels, Belgium, except in the event where the jurisdiction of another court is imposed by mandatory applicable law.