GENERAL TERMS AND CONDITIONS

Our website address is: https://airocollect.com.

1. Information

The company can be reached as follows:
* E-mail contact@airobot.eu
* Address: Lichtenberglaan 1090, 3800 Sint-Truiden
* VAT number: BE0603.992.571
* Account number: BE73 0019 2371 0060

2. Application

These general terms and conditions apply to all services delivered by Airobot NV towards its clients. The contractual relationship exists between the client and Airobot NV, even if the client only has contact with one or more particular people employed by Airobot NV.
In case of conflict, these general terms and conditions shall prevail over any contrary general terms and conditions of the client, unless expressly agreed otherwise in writing by one of Airobot’s directors. Furthermore, this agreement shall not result in the application of the client’s general terms and conditions, but only the clause or clauses from which a deviation has been agreed upon.

3. Services

3.1. Airobot’s services may include, among other things, advice, assistance in mediation, assistance in negotiations, assistance in proceedings, assistance in expert examinations in form of access to a cloud based software application. The client acknowledges to clearly understand the exact object of Airobot’s services at the commencement of this agreement. This agreement and therefore the object of the services can always be adjusted by mutual agreement.

3.3. The commitment of Airobot NV and its appointees is always an obligation of effort.

3.4. For the airocollect.com product is important to us that every customer’s scans can be processed in a timely manner. To ensure a fair distribution of the bandwidth of our system, the system can temporarily lower the priority of processing the scans during very intensive use. In concrete terms, this means that the scans will not be processed immediately, but for example at night or during less busy times. By intensive use we mean more than 25 scans per license per month with one or more drones. If this number is exceeded, the system will notify you as intensive user until the next end of the month.

4. Limitation of liability

• In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who modifies and/or conveys the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

5. End of the contract

• The Client is entitled to terminate this contract, without owing any compensation to Airobot NV. Airobot NV will not issue a final invoice nor refund the Client, taking into account his services and costs up to the moment of termination.

6. Terms of payment

• The invoices of the Lawyer are payable in Hasselt and within eight (8) calendar days of receipt, unless otherwise agreed in writing.
• For each late payment, interest of 0.50% per month will be due, whereby each month started will be charged as a full month, as well as liquidated damages in the amount of 10% of the invoice amount, with a minimum of fifty (50) euros.
• Any dispute against the invoiced services and/or invoice must be made in writing by registered letter within ten (10) calendar days of the invoice date.
• In the event of a dispute, an amicable negotiated settlement will first be sought, if necessary under the supervision of a recognized mediator. If no amicable agreement can be reached, only Belgian law is applicable and this dispute will be brought before the competent court at the location of Airobot’s registered office.

7. Professional liability

• The professional liability of Airobot NV is limited to the amount covered by a professional liability insurance (currently: EU 1.500.000,00 EURO ; USA & CANADA 1.000.000,00 EURO).
• This insurance has been taken out with MS AMLIN.
• The client accepts that this insurance of Airobot NV is sufficient and accepts that the compensation for the damage he suffers as a result of a professional error of Airobot NV is limited to the amount to which the liability insurance gives claim in the case in question.
• Airobot NV releases itself from any liability outside the circumstances of the aforementioned insurance policy.

8. Professional secrecy and confidentiality

Airobot NV declares and acknowledges that, in the context of his services, he is
is bound by a professional secrecy and deontological duty of discretion and
confidentiality. All letters, opinions, procedural documents, etc. that the Client transmits to the broccol.io program is under the express reservation that Airobot NV respects their confidentiality.

9. Intellectual property

• The services of Airobot NV and what results therefrom in terms of documents, texts, agreements, structures, plans, ideas, excels, spreadsheets, etc. are the exclusive intellectual property of Airobot NV. Even if the Client and/or his organisation or persons appointed by him have contributed to the creation thereof, it is expressly agreed that the Client will not be able to claim any rights in this respect and, where applicable, irrevocably waives his claims, rights or demands in this respect. The Client is thus not allowed to use the aforementioned documents, texts, agreements, structures, plans, ideas, excels, spreadsheets, etc. outside the context of the Service or to communicate them to third parties, whether in modified form or not, to reproduce, use or modify them for the purpose of other matters or files in which Airobot NV is not involved.

10. Privacy Policy

• The Client acknowledges having read the privacy policy of Airobot NV, and explicitly consents to the collection and processing of all useful information by Airobot NV, and this (at least) for the entire duration of the Service.
• Thus, the Client allows Airobot NV to store and process his personal information in a physical and digital file and this in accordance with the provisions of the GDPR (General Data Protection Regulation). The provision of personal data is done exclusively in the context of the proper performance of the service of Airobot NV.
• The Client’s personal data will not be used for commercial purposes. However, Airobot NV may store the Client’s personal data in his database and use them to send the Client messages including commercial messages in the context of his service.
• The Client authorises Airobot NV to publicly disclose and commercially utilise a positive recommendation through the website or social media.
• Client can review, change or delete this information by simple request at contact@airobot.eu with the subject line “GDPR – my data.”
• Airobot NV is responsible for protecting your personal data.
• Warning for the Client: pursuant to the use of digital communication and use of various apps such as messenger, Facetime, whatsapp, We transfer, Zoom, video conferencing edm. among others. Within the scope of the services, it is not excluded that both you and myself or a person appointed by me use digital means of communication. Please note that the use of these means of communication cannot guarantee the same absolute confidentiality as a face-to-face consultation. If the Client cannot agree to this, the Client must explicitly request a personal consultation. When opting for a digital meeting with recording of the conversation, the Client must give his consent to this in writing to the Lawyer prior to the conversation. In any case, Airobot NV does not give permission in any way whatsoever to record or tape a professional conversation without his express, prior and written consent.
• Unless otherwise agreed, the data gathered in broccol.io will be destroyed one (1) year after the termination of the Service. The Client must retain all original records himself or herself or request their return in a timely manner for closure of the file. This is the responsibility of the Client.

11. Severability

• If any clause of these terms and conditions should be held invalid, illegal or unenforceable by any court or other tribunal of competent jurisdiction, such invalidity shall in no way affect the validity, legality or enforceability of the remaining clauses. If necessary, the parties shall negotiate in good faith to replace the invalid, illegal or unenforceable provision with a legally valid provision that corresponds to the intention that the parties had when signing this agreement.

12. Applicable law

• Belgian law shall apply.
• All disputes and questions regarding the interpretation of this agreement will preferably be dealt with before the competent court located in the judicial district of Airobot’s registered office, without prejudice to Airobot’s right to take legal action before the courts of the client’s jurisdiction.