Terms of service
THESE CONDITIONS ARE CONCLUDED BETWEEN, ON THE ONE HAND, DRAWBOTICS SPRL REGISTERED AT THE CROSSROADS BANK FOR ENTERPRISES IN BELGIUM UNDER THE NUMBER 0666514417 AND HEADQUARTERED PLACE COMMUNALE D'AUDERGHEM 8, 1160 BRUSSELS, HEREINAFTER REFERRED TO AS "DRAWBOTICS" AND, SECONDLY, THOSE WISHING TO MAKE A PURCHASE VIA THE WEBSITE AND E-COMMERCE PLATFORM WWW.DRAWBOTICS.COM HEREINAFTER REFERRED TO AS "CLIENT".
LEGAL ENTITY : DRAWBOTICS SPRL
COMMERCIAL NAME : DRAWBOTICS
A. GENERAL PROVISIONS
1. APPLICABILITY, OFFERS AND AGREEMENTS
- These general terms and conditions apply to all offers, deliveries and agreement in this respect, made by, respectively, concluded with Drawbotics with regard to the delivery of services and/or software.
- Derogation from these general terms and conditions can only take place expressly and in writing. In case of derogation from one or more provisions of these general terms and conditions, the other provisions remain in full force, unless expressly agreed otherwise.
- All offers, quotes and suchlike made by Drawbotics, as well as notifications with regard to the nature and the duration of the services to be delivered, which can only be given approximately based on normal circumstances, are entirely without obligation, unless expressly stated otherwise. All statements and specifications on websites, platform, brochures, offers, and suchlike, are made as precise as possible. However, Drawbotics has no liability whatsoever for any errors therein. Client must take changes therein into consideration.
- Agreements only bind when they have been confirmed in writing by Drawbotics.
- Any general terms and conditions applied by Client are expressly rejected.5 . If Drawbotics will (partly) act as purchaser of goods and/or Contractor, for the purpose of (legal) acts which Drawbotics must execute for Client, then the applicable general terms and conditions in that aforesaid relationship (regardless if these are of Drawbotics or of another party) will also apply, in addition to these general terms and conditions, to the legal relationship between Client and Drawbotics. In the event that these general terms and conditions are in conflict with the terms and conditions of third parties stated above, these general terms and conditions will prevail. The terms and conditions of third parties (or the derogating terms and conditions of Drawbotics that can be applicable) will be forwarded to Client upon first request.#
- If and insofar as Drawbotics makes the software of third parties available to Client, then the terms and conditions of those third parties will also be applicable with regard to this software instead of the provisions of these general terms and conditions. Insofar as Client has entered into a (license) agreement with these third parties this license agreement will apply between the third parties concerned and Client. Client accepts the terms and conditions referred to and, if applicable, the license agreement of these third parties. The terms and conditions are available for Client for inspection at Drawbotics and Drawbotics will forward these general terms and conditions to Client upon request and free of charge.
- Drawbotics does not guarantee the sound condition of the delivered software which forms the subject of the license agreement which Client enters into with any third party.
2. PRICE AND PAYMENT
- Our Drawbotics platform work on a credit based system. Clients can order our different types of services through credits that need to be bought beforehand through an online payment directly on our platform. These credits can then be used to order any of our online services and have a validity period of two years. Please note that there will be no refund of credits for any reason except for reasons listed below or in other articles.2 All prices are excluding value added tax (VAT) and other duties imposed by authorities. All changes in the factors that influence the price, including purchase prices, exchange rates, import and export duties and other duties owed at import or export, insurance rates, freight rates and other duties or taxes, can be charged on by Drawbotics to Client.
- All invoices will be paid by Client in accordance with the payment terms stated in the invoice. In the absence of specific terms Client will pay immediately on our platform. Payment will take place without deduction, compensation or suspension on whatsoever basis. Drawbotics credits will become available only after receipt and confirmation of the client payment.
- If Client does not pay the amounts owed within the agreed term, Client will be automatically in default through a single expiry of the term, the entire claim, including any future terms, will be immediately due and payable and Drawbotics (at the discretion of Drawbotics) will be entitled to terminate the agreement concerned and/or entitled to increase the claim with interest General terms and conditions of 1.5% per month, commencing on the day after the expiry of the payment term, whereby a part of a month is calculated as a full month.
- Furthermore, Client is obliged to reimburse Drawbotics for all costs incurred by it for collection of the outstanding claim. The judicial and extrajudicial collection charges will in that case be entirely on the account of Client, who will be deemed to agree to the extrajudicial costs being set at 15% of the amount to be claimed with a minimum of € 500.00, as well as the costs of a petition for bankruptcy and the storage costs in case of suspension of the delivery, all this without a requirement of prior notice of default.
- Drawbotics is entitled to require further surety from Client, in the absence of which Drawbotics may suspend the performance of the agreement and/or may terminate the current agreements without judicial intervention, without prejudice to its right to specific performance and/or compensation.
- Drawbotics retains the right to require that a Client pays a further to be specified amount in advance.
- All prices stated on website, platform, brochure or other mentioned by Drawbotics, as referred to in article 1.3, apply only to those offers and can, at any time be revised.
- Furthermore, the prices can, after the conclusion of the agreement, be increased on the basis of external factors, such as increase in taxation, external supplier(s), prices, exchange rates, freight costs, wages and/or social security contributions, import duties, duties and other charges.
- A payment is applied firstly to reduce the collection charges, subsequently to reduce the interest owed and then to reduce the principal sum.
- If Client leaves several invoices unpaid, a payment with due regard to the provisions of the previous sentence is applied firstly to the oldest invoice and subsequently to the next oldest invoice, etc. Furthermore, in that case the rights will accrue to Drawbotics as set out above in subsection 2.3.
- Drawbotics is entitled to suspend the delivery and/or further execution of the activities, as long as Client has not fulfilled its obligations toward Drawbotics. This right of suspension applies until the time that Client has fulfilled its obligations at a later date, unless Drawbotics has in the meanwhile exercised its right to terminate the agreement. All this does not affect the right of Drawbotics to compensation.
3. RETENTION OF TITLE
- All matters delivered to Client will remain the property of Drawbotics until Client has fully paid Drawbotics for all the invoice(s), related to the delivery of the matters mentioned, such including the claims against Client with regard to the (pursuant to an agreement) activities to be carried out for its benefit. (in connection to the delivery of matters mentioned) and claims due to failure in the performance, including all collection charges and the interest over the costs, of the agreement concluded between Drawbotics and Client.
- Client is not entitled to dispose of, pledge to third parties, or to transfer title for surety wholly or in part the matters delivered subject to retention of title.
- If Client is in default toward Drawbotics, then Drawbotics is entitled to immediately and without any formality take back, or have taken back, the delivered matters and Client is obliged in this context to provide Drawbotics with access to all spaces in use in its company, all this without prejudice to the right of Drawbotics to claim compensation from Client.
- Also in the event of suspension of payment, application for moratorium, insolvency or liquidation of assets of Client, Drawbotics will have the right described above.
4. COOPERATION BY CLIENT
- Due to the necessity that Client provides its cooperation to the performance of the agreement, Client will always promptly provide Drawbotics with all correct, useful and necessary data and information, as well as provide information about the developments which are taking place within its organisation.
- Client is responsible for the use and correct application in its organisation of the equipment, software and the services to be provided by Drawbotics.
- If the data necessary for the performance of the agreement are not made available in time, or not in accordance with the arrangements, to Drawbotics or if Client does not fulfil its obligations in another manner, this can cause the suspension of the performance of the agreements and extra costs in accordance with the usual rates can be charged to Drawbotics.
- Client will provide cooperation, comprising of the making available of sufficient human resources and capacity, including: connections, hardware and other facilities that are necessary to bring about the connection with the Software as Service applications and to maintain these.
- If Client does not make the required capacity or the required information or the required employees, not fully and/or not in time available to Drawbotics, then Drawbotics is entitled to suspend the activities and this can cause the delay of the activities and/or hampering of the making available of the (software) application, without Drawbotics being held liable for any compensation of damage. Client will owe any (additional) costs to Drawbotics.
- Client will at all times ensure that the equipment and (system) software used, by Client itself, as well as by customers who through Client make use of the applications offered by Drawbotics, will at all times fulfil the minimum requirements set out by Drawbotics.
- Client is responsible for the correct use and the correct application of the (software) application within its company and by its customers, as well as for the supervision and inspection of the applicable security procedures.
5. DELIVERY PERIOD
- All (delivery) periods stated by Drawbotics are indicative and set to the best of its knowledge, and can never be deemed to be a final deadline, unless expressly agreed otherwise. In case of exceeding of the (delivery) period taking place, Drawbotics will inform Client of this as soon as possible. Exceeding the delivery period does not give Client any right to compensation. Nor can Client make claim to termination of the agreement
6. LIABILITY OF DRAWBOTICS
- Drawbotics is liable without limitation for (i) damages caused intentionally or with gross negligence by Drawbotics, its legal representatives or executive staff and other assistants in performance; (ii) personal injury, damage to health and death caused intentionally or as a result of gross negligence on the part of Drawbotics, its legal representatives or assistants in performance, and (iii) damages caused by the absence of warranted characteristics and for damages relating to product liability. Drawbotics is liable for damages resulting from the breach of primary contractual obligations by Drawbotics, its legal representatives or other assistants in performance; primary contractual obligations are such basic duties which form the essence of the Agreement which were decisive for the conclusion of the Agreement and its performance. If Drawbotics breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by Drawbotics at the time the respective service was performed.
- Drawbotics cannot be held liable for errors or incompleteness’s in the software used by it including expressly but not limited to Floorplanner. Drawbotics exclusively accepts liability in conformity with the provisions of this Article.
- Client accepts that digital signatures through whatsoever software or in whatsoever form or capacity are delivered "as is" without express or implied guarantee(s), other than as referred to in article 17 of these general terms and conditions.
- Drawbotics cannot guarantee that the software used by it, including expressly, but not limited to Floorplanner, will run uninterrupted and/or error-free. Client carries the full responsibility for the choice of software whether or not based on information provided by Drawbotics.
- Drawbotics is never liable for any consequential damage of Client, including also resulting damage, intangible loss, trading loss, loss of orders, lost profit and suchlike.
- Direct damage within the meaning of this article exclusively includes:a) the reasonable costs that Client has demonstrably incurred in order to have the achievement of Drawbotics conform to the agreement concluded between parties.b) the reasonable costs incurred to establish the cause and the extent of the damage, insofar as such establishing relates to direct damage within the meaning of this article;c) the reasonable costs incurred to prevent or limit damage, insofar as Client demonstrates that these costs have caused the limitation of direct damage within the meaning of this article.
- The liability of Drawbotics, as referred to in the previous subsection, as well as every other liability ensuing from other facts and circumstances will in any event not exceed the payment of the invoice amount (excl. VAT) of the delivered service concerned over the previous quarter, or as the case may be re-delivery of that service, such at the discretion of Drawbotics and insofar as Drawbotics is able to deliver similar products and/or services.
- The liability of Drawbotics is furthermore limited to the amount that in an applicable case will be paid out by the liability insurance of Drawbotics on the matter of the damage concerned. Without prejudice to the provisions of the previous subsections of this article Drawbotics is never liable for any damage, on whatsoever basis, ensuing from facts and/or circumstances that are attributable to third parties appointed by Client, regardless if these third parties (ultimately) have carried out those activities on the instructions of Drawbotics. Client wholly and entirely guarantees the performance of these third parties, and its own choice, and the activities carried out by these third parties are wholly and entirely on the account and risk of Client or those third parties. Client indemnifies Drawbotics against all claims that these third parties may enforce with regard to damage that has arisen in any manner as a result of the use by Client of software delivered by Drawbotics.
- Any action, on whatsoever basis, and whether or not in court, must be brought within one month after the event concerned on which basis Client is of the opinion that Drawbotics is liable for the damage suffered by Client.
7. FORCE MAJEUR
- If Drawbotics through a non-attributable shortcoming ("force majeure") cannot fulfil its obligations toward Client, these obligations will be suspended for the duration of the force majeure situation.
- Force majeure includes any circumstance independent from the will of Drawbotics, also if this was at the time of the coming into effect of the agreement already foreseeable, that hinders performance of the agreement permanently or temporarily or through which compliance with the agreement cannot, or no longer to its full extent, be reasonably expected of Drawbotics, as well as insofar not already included therein, lack of, partial and/or delayed delivery by suppliers of Drawbotics, import and export prohibitions, measures by Belgian and/or foreign governmental bodies which make the performance of the agreement more onerous and/or costly than was foreseeable at the concluding of the agreement, industrial actions and/or office sit-ins, transport disruptions, loss or damage during transport, fire, theft, disruptions of the supply of energy, defects of machines, all this in the company of Drawbotics as well as at the suppliers' and furthermore all other causes which arise outside the will and/or fault of Drawbotics.
- In the event one of the parties through force majeure cannot fulfil its obligations ensuing from the agreement concluded with Client, Drawbotics will have the right to terminate this agreement wholly or in part and/or to suspend the performance thereof without otherwise being held to any liability on whatsoever basis.
8. COMPENSATION/SET OFF
- Client is not permitted to set off any amount owed by it to Drawbotics against amounts which Drawbotics might owe to Client. Client is also not entitled to suspension of the payment.
9. DURATION OF THE AGREEMENT AND VALIDITY OF CREDITS
- Unless parties expressly agree otherwise, an agreement with Drawbotics is entered into at the moment of registration into our platform and valid until the account is no longer active.
- Clients can order our different type of services through credits that need to be bought beforehand through an online payment. As mentioned above, the validity of those credits is two years after the invoice date for those credits.
10. TERM and TERMINATION
- Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for a legitimate purpose, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Any 99design Credits or payments outstanding to you at termination will be paid to you. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. However we reserve the right to continue to use your User Content to the extent permitted under applicable law (this sentence does not apply to customers located in the EEA). Drawbotics will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.4(b), 4, 5, 7, 8, 9 (excluding Section 9.1), 10, 11, 13, 14, and 15.
- Furthermore, a party is entitled, without the requirement of any demand letter or notices of default, to extra judicially terminate in writing the agreement wholly or in part if:a) the other party applies for (temporary) moratorium or is granted (temporary) moratorium;b) the other party petitions for winding-up or is declared insolvent;c) the company of the other party is liquidated;d) the other party ceases its current enterprise;e) without fault on the part of this party a considerable part of its property has attachment made on it or, as the case may be the other party must be deemed in other respects no longer to be able to fulfil the obligations or Appendices;f) the (direct or indirect) control over the other party changes.
- If Client at the time of the termination has already received goods or services for the performance of the agreement, these goods and services and the payment obligation related thereto cannot be revoked unless Drawbotics with regard to these goods and services is in default. Amounts that Drawbotics has invoiced prior to the termination in connection to that which it already has carried out or delivered for the performance of the agreement, continue to be owed with due regard to the provisions of the previous sentence, and will become immediately due and payable at the time of the termination.
11. NON-DISCLOSURE AND PRIVACY
- Client will not disclose the systems or applications delivered by Drawbotics and/or the access thereto and/or the data contained therein, or give access thereto or otherwise make these available to any third party, including their employees who do not necessarily need to work with these systems and applications. The provisions of this article apply to the duration of the agreement as well as thereafter.
- If Client (also) uses systems or applications delivered by Drawbotics for the processing of personal data, or if the use of the systems or applications caused the processing of personal data, then Client applies in this respect as Controller within the meaning of the Personal Data Protection Act. Drawbotics does not in principle apply as the Processor in this respect. Drawbotics will not carry out processing, also not if instructed by Client, and solely makes storage capacity available. If Drawbotics were indeed to act as Processor within the meaning of the Personal Data Protection Act the provisions of the following subsection will apply also to Drawbotics.
- Parties will adhere to all applicable provisions of the Personal Data Protection Act and indemnify each other against all claims by third parties that might be brought against the other party on the basis of the fact that the indemnifying party has not adhered to the Personal Data Protection Act.
- Drawbotics endeavours to take such technical and organisational measures that the data of Client is safely stored and does not become available for inspection by unauthorised parties.
- Client must ensure that within its company adequate security measures are taken in order to prevent unauthorised access, including external access by the users through inter alia terminal servers.
- Drawbotics is in this respect never liable and Client indemnifies Drawbotics fully for all claims in this respect.
- Drawbotics retains vis-a-vis Client all its rights to, on the request of authorities, including police and justice departments, fulfil inspection or surrender of data of Client.
12. INTELLECTUAL PROPERTY AND DATA
- All rights of intellectual and or industrial property are vested in Drawbotics, or our licensors, or our suppliers. Drawbotics ensures that it holds the rights that are necessary to be able to fulfil the contractual terms and conditions between Drawbotics and Client.
- All documents provided by Drawbotics, such as agreements, designs, sketches, drawings, visualisations, software etc., are exclusively intended to be used by Client and may not, without prior permission from Contractor, be multiplied, publicised, or brought to the knowledge of third parties, unless the nature of the documents provided dictates otherwise.
- Drawbotics retains the right to use the knowledge, acquired through the execution of the activities, for other purposes, insofar as in the course of this no confidential information is brought to the knowledge of third parties.
- Client will at all time make the copyright statement, linked to the service delivered, visible to anyone who views the delivered services.
- The site and services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- The following section applies to users in the EEA and Switzerland: Drawbotics is liable for defects in accordance with the applicable statutory provisions. With regard to companies, the warranty period is limited to twelve (12) months. An additional warranty is only provided if this has been expressly agreed.**
14. Third Party Sites & Ads
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Drawbotics and Drawbotics is not responsible for any Third Party Sites & Ads. Drawbotics provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
In order to use the Service, you must register for an account with Drawbotics (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Without limiting the generality of the foregoing, you agree to provide Drawbotics with identification documents (including copies of IDs, passports or drivers licenses) which Drawbotics requests from you from time to time for the purposes of verifying your identity. You may delete your Account at any time, for any reason, by calling Customer Support. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Drawbotics of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security which is based on your negligence. Drawbotics cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- License. Subject to the terms of this Agreement, Drawbotics grants you a non- transferable, non-exclusive, license to use the Site and Services (excluding Design Concepts, Design Templates, designs in the Project Service, and Sold Designs) for your internal business purposes. For the avoidance of doubt, Designer’s license or assignment of the Sold Design to Customer is set forth in the applicable Design Transfer Agreement.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Drawbotics reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Drawbotics will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that Drawbotics will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
- Ownership. Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by Drawbotics or Drawbotics’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. Drawbotics and its suppliers reserve all rights not granted in this Agreement.
- Except in the case of written permission from Drawbotics, the rights under the agreement are not transferable.
- The agreements between Drawbotics and Client are governed by the laws of Belgium.
B. RIGHT OF USE FLOORPLANNER
The following provisions are, in addition to the General Provisions under these general terms and conditions, applicable if Drawbotics provides Client with right of use of Floorplanner, being software application not specifically developed for Client (hereinafter referred to as “Floorplanner”), also of Floorplanner is amended or extended for the benefit of Client.The term software includes the computer programs recorded on material readable by the computer and the documentation forming part thereof, all this including any updates to be provided.
1. RIGHT OF USE
- Drawbotics only provides Client the non-exclusive right of use of Floorplanner, unless parties have expressly agreed otherwise.
- Floorplanner is exclusively made available on the basis of Software as a Service (SaaS), in the course of which the arrangement described in article 17 with regard to the Service Levels applies.
- The right of use is not transferable to third parties without written permission from Drawbotics. Client is not permitted to sell, lease, dispose of or transfer for surety of the right of use of Floorplanner. Client will not amend Floorplanner, provide to third parties for use or use it for the benefit of third parties. The source code of the software is not made available to Client and furthermore, Client is not provided with any right of access to the source code(s) of Floorplanner, unless expressly agreed otherwise.
- The right of use expires if and as soon as the agreement terminates.5.Client is obliged to ensure that the user codes and passwords provided for its benefit are kept secret at all times and are not provided to third parties for whatsoever reason.
- Client may only use Floorplanner for its own benefit, unless expressly agreed otherwise in writing.
- Drawbotics will, when it identifies (attempts at) unauthorised access, take the necessary measures in order to limit any damage to a minimum and to try to prevent recurrence.
- Client will impose the obligations pursuant to this article, as well as the obligations pursuant to the other articles of these general terms and conditions, and the agreement(s) concluded between parties, that relate to the use of Floorplanner, on the users of Floorplanner as if they were the personal obligations of those users.
- Drawbotics may update Floorplanner, if this is desirable for the optimising of Floorplanner and/or if this is necessary to fulfil any relevant standards, protocols or regulations.
2. INTELLECTUAL PROPERTY AND DATA
- Floorplanner is owner of the data bank in which, for the benefit of Client the data of Client and/or in appropriate cases the customers of Client is stored.
- The respective Client or customer of Client is owner of the data present in the Floorplanner-data bank, or the data delivered thereto on his or her behalf. If there is data that is in conflict with the legislation and/or statutory provisions and/or public morals, Drawbotics retains at all times the right to remove that data.3.During the term of the contractual relationship between Client and Drawbotics, Client is entitled to the use of that data in conformity with that which has been agreed as to that, exclusively insofar as that use is necessary for the functioning of Floorplanner and exclusively for the benefit of and within the personal company of Client.
- This right of use of the data is personal, non-exclusive and not transferable and is only intended for the use for the benefit of Floorplanner.
- Client is expressly prohibited from using the data in any other manner of for any other purpose.
- Client will ensure that the terms and conditions as recorded in these general terms and conditions will at all times be adhered to by itself, its employees and/or its contracting parties, as well as by its affiliated companies and the employees and/or contracting parties of these companies.
- If the data of Client, or the data of the customers of Client is enriched by a third party or are enriched or otherwise adjusted, this will take place wholly and entirely under the liability of Client. Client indemnifies Drawbotics against all claims in this respect.
- Client is at all times personally liable and responsible for the data that it, or its customers, make available to Drawbotics for the purpose of the activities that Drawbotics executes for Client.
- If a third party informs Drawbotics that the data made available to Drawbotics and/or other information infringe any right of third parties and/or other data infringe any right of third parties, then Drawbotics will apply a notice and take-down procedure. Drawbotics is never liable for any damage that might be the result thereof.
- The provisions of article 11.7 apply mutatis mutandis to the data or information referred to in this article.
If Client alleges that Floorplanner, or other software delivered by Drawbotics infringes a copyright applicable in Belgium, then Client will inform Drawbotics of this matter in writing and leave the dealing with the matter exclusively to Drawbotics and will provide all cooperation hereto, unless expressly agreed otherwise. If an action is brought or if the possibility thereto exists, Drawbotics can replace Floorplanner or amend it in such a manner as Drawbotics deems correct.