General Terms and Conditions
for End Users

Article 1. Definitions

1.1 In these terms, the following terms have the following meaning:

• "Terms": these general terms and conditions for end users.
• "General Terms and Conditions": the general terms and conditions that apply between Ziggu and the Customer, including the Data Processing Agreement.
• "Customer": the company or organisation that has concluded a subscription agreement with Ziggu and has given the User access to the Services.
• "User": any natural person who uses the Services through an account created by or at the request of a Customer.
• "Private User": a User who uses the Services for purposes outside their trade, business, craft or profession (a consumer within the meaning of Article I.1, 2° of the Belgian Code of Economic Law). What matters is the purpose for which the User uses the Services in the project concerned, not their profession or capacity (see Article 2.5). Examples: a natural person who buys, has built or has renovated a house or apartment for private purposes, or who engages an architect, contractor, installer or manufacturer for a private project.
• "Professional User": any User who is not a Private User, regardless of whether they use the Services on the side of the Customer or on the side of a customer of the Customer. Examples: employees, managers or directors of the Customer; subcontractors, suppliers, advisers and other professional partners; and employees, managers or directors of a company, partnership or other organisation that is itself a customer of the Customer (for example, a company that buys, has built or has fitted out an office or commercial building).
• "Services": Ziggu's software platform (web and mobile), including the customer portal, the AI Features and the associated updates, maintenance and support.
• "User Data": all content that the User enters or uploads into the Services, such as messages, documents, photos, plans and choices.
• "AI Features": the parts of the Services that use artificial intelligence, including third-party generative AI models, to generate text, summaries, translations, suggestions or analyses ("Output").
• "Availability" and "Unavailability": the period during which the Services are or are not accessible, respectively.
• "Error": any problem with the Services that adversely affects their normal use.
• "Intellectual Property Rights": all existing and future intellectual property rights, whether or not registered, anywhere in the world, including copyrights, trademark rights, design rights, patents, know-how, trade secrets and database rights.
• "Confidential Information": all information that is designated as confidential or that should reasonably be regarded as confidential, given its nature or the circumstances.
• "Force Majeure": any event beyond the reasonable control and without fault of the affected party which temporarily or permanently prevents the performance of its obligations, such as war, terrorism, natural disasters, epidemics, strikes, sabotage, hacking, failures of computer or telecommunications networks or of the energy supply, and government measures.
• "Ziggu": Ziggu BV, with registered office at Vlasgaardstraat 52, 9000 Ghent, Belgium, registered with the Crossroads Bank for Enterprises under number BE 0699.472.839. E-mail: info@ziggu.io.

Article 2. Application and acceptance

2.1 These Terms govern the use of the Services by the User. Before the User obtains access to the Services, they will be asked to read and accept these Terms. By accepting the Terms, an agreement is concluded between Ziggu and the User.

2.2 The Services are made available to the User on behalf of the Customer. The relationship between Ziggu and the Customer is governed by the General Terms and Conditions. The relationship between the User and the Customer (for example a sale, construction, architect or supply agreement) is governed by the arrangements between them. Ziggu is not a party to those arrangements and is not responsible for the content that the Customer shares via the Services (such as plans, prices, deadlines, choices or documents), nor for the performance of the Customer's obligations towards the User.

2.3 A Professional User waives the application of its own general terms and conditions.

2.4 Use of the Services is free of charge for the User. The fee for the Services is paid to Ziggu by the Customer.

2.5 Whether a User acts as a Private User or as a Professional User is assessed per project on the basis of the purpose for which they use the Services, regardless of whether they are an employee, partner or customer of the Customer. The same person may be a Professional User in one project (for example, as manager of a company having a commercial building constructed) and a Private User in another project (for example, when building or buying their own home). Anyone acting in the name or on behalf of a company, partnership or other organisation is always a Professional User. In the case of mixed purposes, the User is a Private User if the professional purpose does not predominate.

2.6 Insofar as the Private User, as a consumer, concludes a distance contract with Ziggu to which the statutory right of withdrawal applies, they have a period of fourteen (14) days to withdraw from it by means of an unequivocal statement sent to info@ziggu.io, by using the statutory model form, or simply by closing the account. However, the Services are made available immediately after acceptance of these Terms. By logging in to the platform for the first time, the Private User expressly requests Ziggu to start providing the Services immediately and acknowledges that they thereby lose their right of withdrawal. Since use of the Services is free of charge, a withdrawal does not entail any payment or refund.

Article 3. Access, account and availability

3.1 Ziggu grants the User a personal, non-exclusive, non-transferable and non-sublicensable right to use the Services in accordance with these Terms, for as long as the User has access through a Customer.

3.2 The User is responsible for the confidentiality of their login details and for all actions performed through their account. The User will immediately notify Ziggu or the Customer of any (suspected) misuse of their account.

3.3 The Availability of the Services can be monitored at https://status.ziggu.app. Ziggu will use its best efforts to resolve any Unavailability and any Error as quickly as reasonably possible, but does not guarantee that the Services will operate without interruption or errors. Unavailability due to announced (or, if announcement is not possible or not meaningful, unannounced) maintenance, updates or failures at technical partners such as Google Cloud is not attributable to a failure on the part of Ziggu, without prejudice to Article 8.5 for Private Users.

3.4 Ziggu may entrust the performance of the Services in whole or in part to third parties.

Article 4. Obligations of the User

4.1 The User will not use the Services to:

• copy ideas, features, functions or images of the Services, or translate, decompile, reverse-engineer or otherwise modify the Services, except insofar as the law expressly permits this;
• resell, rent out or sublicense the Services;
• share their login details with persons who are not permitted to access the Services;
• infringe Intellectual Property Rights, the right to privacy or the personality rights of others, or process personal data in breach of the GDPR;
• remove or alter the reference to Ziggu's name or logo in the Services;
• store or distribute content that is defamatory, libellous, threatening, offensive, vulgar or pornographic, or that encourages violence or discrimination;
• introduce malware, viruses, spyware or other harmful software;
• circumvent or breach the security or authentication measures of the Services;
• provide false identification details or impersonate someone else;
• disrupt the operation of the Services, for example by means of automated systems;
• gain access to parts of the Services to which they are not authorised;
• carry out activities that are contrary to the law or to the rights of others.

4.2 The User uses a secure password, keeps it carefully and secures the devices with which they use the Services in a reasonable manner (for example with up-to-date software updates and anti-virus software).

4.3 In the event of a breach of this article, Ziggu may suspend the User's access to the Services until the breach has been remedied. Ziggu will inform the User and the Customer of this, unless this is not reasonably possible or would jeopardise the security of the Services.

Article 5. AI Features

5.1 Ziggu may offer AI Features in the Services, for example to summarise messages, draft or translate texts, or suggest replies. For this purpose, Ziggu uses third-party AI models, in particular Google Cloud Vertex AI, processed within the European Union. The current list of sub-processors is available at ziggu.io/legal/sub-processors.

5.2 Output is generated automatically and may be inaccurate, incomplete, outdated or misleading. The User checks Output before using it, sharing it or relying on it. Output is not legal, technical, financial or other professional advice and does not replace the arrangements with, or the information from, the Customer.

5.3 Ziggu does not use User Data or Output to train or fine-tune AI models, and only engages model providers that likewise do not do so.

5.4 Ziggu makes it visible when the User is interacting with an AI Feature or when content has been generated by AI, in accordance with the applicable legislation on artificial intelligence.

5.5 The User will not use the AI Features to (i) generate content that is contrary to Article 4.1, (ii) circumvent, extract or reverse-engineer the security, system instructions or underlying models, or (iii) take decisions without human intervention that have legal effects for natural persons or otherwise significantly affect them.

5.6 Ziggu may modify, suspend or discontinue AI Features at any time, for example when an underlying model is no longer available. The Customer may have the AI Features disabled for its environment.

Article 6. Confidentiality

6.1 Where the User becomes aware of Confidential Information of Ziggu, the Customer or other Users through the Services, they will use that information only in the context of their use of the Services and will not disclose it to third parties. This does not prevent a Private User from sharing information about their own project with their relatives or advisers (such as a notary, lawyer, bank or expert), insofar as this is necessary.

6.2 This obligation does not apply to information (a) that is generally available, (b) that the User already lawfully knew, (c) that they lawfully received from a third party without restriction, or (d) that they must disclose pursuant to the law or a court decision. The obligation continues to apply until five years after the end of the use of the Services.

Article 7. Intellectual property and User Data

7.1 All Intellectual Property Rights in the Services and the associated software, designs, texts, images, know-how and documentation belong to Ziggu or its licensors. These Terms do not transfer any Intellectual Property Right to the User, except the right of use under Article 3.1.

7.2 The User retains all rights to their User Data. They grant Ziggu a worldwide, perpetual, free, non-exclusive and non-transferable right to use the User Data insofar as necessary to provide the Services to the User and the Customer.

7.3 Ziggu may collect and analyse data about the use and performance of the Services in order to secure, maintain, improve and develop the Services. Ziggu only discloses such data in aggregated or anonymised form, so that they cannot be traced back to the User. This right does not include training AI models on User Data (see Article 5.3).

7.4 The User declares that they have the necessary rights or permissions for the User Data they upload, for example for photos in which other persons are recognisable or for documents of third parties.

7.5 To the extent Ziggu holds them, the rights to the Output vest in the User or the Customer, depending on who requested the Output. Ziggu does not guarantee that Output is unique or does not infringe the rights of third parties.

Article 8. Warranties and liability

8.1 Ziggu provides the Services with reasonable skill and care and in accordance with good practice in the sector, but does not guarantee that the Services will operate without interruption or errors.

8.2 Ziggu is not liable for damage resulting from (i) use of the Services contrary to these Terms or to Ziggu's instructions, (ii) the content that the Customer or other Users share via the Services, or the performance of the Customer's obligations towards the User, or (iii) decisions that the User takes on the basis of Output without checking it.

For Professional Users

8.3 Except in the case of wilful misconduct, Ziggu is not liable for non-material, indirect or consequential damage, such as loss of profit, loss of turnover, loss of customers, loss of data or third-party claims. Except in the case of wilful misconduct, Ziggu's total remaining direct liability (including that of its directors, employees and agents) towards a Professional User is limited to the amount paid out by Ziggu's professional liability insurance in the case concerned.

8.4 Any claim for damages by a Professional User against Ziggu lapses if it is not brought before the competent court within one year after the Professional User became aware, or could reasonably have become aware, of the facts on which the claim is based.

For Private Users

8.5 Towards a Private User, Ziggu is liable in accordance with the statutory rules. The exclusions and limitations in Articles 3.3 and 8.2 apply only insofar as the law permits. They shall in no event apply in the case of (i) wilful misconduct or gross negligence on the part of Ziggu or its agents, (ii) failure to perform an obligation that constitutes one of the main performances under this agreement, except in the case of Force Majeure, or (iii) death or personal injury. The time limit in Article 8.4 does not apply to Private Users.

Article 9. Term and termination

9.1 This agreement runs for as long as the User has access to the Services through a Customer.

9.2 The User may end their use of the Services at any time by closing their account or by asking Ziggu or the Customer to do so. User Data that forms part of the Customer's project file (for example shared messages or documents) may remain available to the Customer, in accordance with the arrangements between the Customer and Ziggu and with applicable law.

9.3 After the end of the subscription agreement between the Customer and Ziggu, the Services remain available, in a limited, read-only form, to Users who had access at that time. That access only allows existing data to be consulted and exported. It is granted without any guarantee of Availability or error-free operation, and without support. This continued access ends when the Customer asks for the platform to be closed permanently and the data deleted. Ziggu or the Customer will try to warn the User in advance, so that they can export their data in time.

9.4 Ziggu may terminate a User's access in the event of a serious or repeated breach of Articles 4, 5.5 or 7, or in the event of another breach of these Terms that the User does not remedy within fifteen (15) days of a written notice.

9.5 Provisions that by their nature continue to apply after termination, such as Articles 6, 7, 8 and 13, remain applicable.

Article 10. Indemnification

10.1 A Professional User indemnifies Ziggu, its directors, employees and agents against all third-party claims, including reasonable lawyers' fees, arising from a breach by that User of Articles 4, 5.5 or 7.

10.2 A Private User is liable towards Ziggu, in accordance with the statutory rules, for damage they cause by breaching these Terms.

Article 11. Force majeure

11.1 Neither party is liable for failure to perform an obligation as a result of Force Majeure. The affected party will inform the other party as soon as possible and resume performance as soon as reasonably possible.

11.2 If Ziggu is prevented by permanent Force Majeure from providing the Services, Ziggu may terminate this agreement without compensation by written notice.

Article 12. Personal data

12.1 For the personal data processed in the Services in the context of a project (such as name and contact details, messages, documents, photos, choices and project data), the Customer is the controller. Ziggu processes these data as a processor on behalf of the Customer, on the basis of a data processing agreement within the meaning of Article 28 GDPR. The User addresses questions or requests about these data (for example access, rectification or erasure) primarily to the Customer. Requests that Ziggu receives directly are forwarded by Ziggu to the Customer.

12.2 For a limited number of processing operations, Ziggu itself is the controller, namely the security of the Services, fraud prevention and the improvement of the Services on the basis of aggregated or pseudonymised usage data. More information can be found in Ziggu's Privacy Policy at ziggu.io/privacy-policy.

12.3 Ziggu engages sub-processors. The current list, with the location of processing and the safeguards for transfers outside the European Economic Area, is available at ziggu.io/legal/sub-processors.

12.4 Information about cookies and similar technologies in the Services and on the website can be found in the Cookie Policy at ziggu.io/cookie-policy.

Article 13. Miscellaneous

13.1 If a provision of these Terms is wholly or partly void or unenforceable, it retains its maximum permissible effect and the other provisions continue to apply in full.

13.2 Changes. Ziggu may change these Terms and the composition of the Services. Ziggu will inform the User at least thirty (30) days in advance via the Services or by e-mail, except where a change is urgently needed to comply with the law or to safeguard the security of the Services. If the User continues to use the Services after a change takes effect, this counts as acceptance. If the User does not agree, they can stop using the Services and export their data. Towards Private Users, Ziggu only changes the Terms for a valid reason, such as a change in legislation, security reasons or the technical or functional evolution of the Services, and never in such a way that the essential characteristics of the Services change to the detriment of the Private User without their consent.

13.3 Governing law. These Terms are governed by Belgian law. For a Private User whose habitual residence is in another country, this choice of law does not affect the protection afforded to them by the mandatory provisions of the law of that country.

13.4 Competent court. Disputes with a Professional User fall under the exclusive jurisdiction of the courts of the judicial district of Ziggu's registered office (Ghent). A Private User may bring an action before the courts of their place of residence or of Ziggu's registered office. Ziggu may only bring an action against a Private User before the courts of the Private User's place of residence. This does not prevent Ziggu from seeking provisional or protective measures before any court that has jurisdiction to grant them.

13.5 Complaints. Complaints can be sent to info@ziggu.io. A Private User in Belgium can also contact the Consumer Ombudsman Service (consumerombudsman.be).