General conditions for the provision of services

These general terms and conditions are issued by the COBRIA SRL, registered with the Crossroads Bank for Enterprises under number BE102618695, whose head office is established at 1070 Anderlecht, Boulevard Industriel 65, Belgium, hereinafter “the Service Provider”.

The services will be provided by the Service Provider (and, possibly, its employees and subcontractors).

They relate, in a non-exhaustive manner, to the establishment of an electronic platform available to contractors in the construction sector allowing them, in particular, to draw up estimates, issue invoices and maintain agenda/site schedules.

Section 1. Scope of application

Subject to specific conditions written in writing and expressly accepted by all Parties, these general conditions govern all relationships between the parties.

They are considered accepted by those who receive them unless a written protest is sent in writing within eight days of membership.

The parties agree that any general terms and conditions of the User, a natural or legal person who orders services from the Provider, do not apply. Aspects relating to specific tailor-made development missions will be described in a separate document.

Section 2. Pricing

1. General principle

COBRIA is based on a simple and transparent pricing system based on an internal currency called Bricks. Some functionalities of the application consume a certain number of Bricks (cf. price list available in the application). When a user no longer has Bricks available, they must buy them to continue using the paid features.

2. Free to use - “Freemium mode”

A completely free package is available for all users.
Every day, if the Bricks balance is less than 25, it is automatically reset to 25 Bricks.

The Freemium User will be able to access the following services: the creation of a new quote, the addition of a new contact, the assisted generation of lines via AI, the translation of the estimate, the sending of the quote in PDF.

However, Freemium mode includes some functional limitations, namely: display of advertisements in the application, limitation to 1 user per entity, unavailability of the product catalog and the Planning tool.

3. Monthly subscriptions

COBRIA offers several monthly subscription packages giving access to a larger number of Bricks, reset at the beginning of each month according to the plan chosen. Subscriptions also allow:

• The removal of the limitations present in the free mode
  
• Access to advanced functionalities (catalog, planning, multi-user management, etc.)
  
• Customized development options for Pro and Ultimate plans
  

The Bricks included in a subscription are only awarded once the payment has been validated. Payment for monthly subscriptions can only be made by credit card or by an equivalent direct debit method.

4. One-time purchases of Bricks

Regardless of subscriptions, it is possible to buy Bricks packs from time to time. Bricks can also be obtained for free through certain specific actions such as registration, sponsorship or other occasional promotional actions. These additional Bricks are stored in a separate counter, and are only consumed if the daily or monthly Bricks are exhausted.

5. Storage

In the free plan, each user gets 500MB of storage included. In the other plans, a cost of 1 Brick per GB of additional storage is applied.

Section 3. Execution of services

The services will always be performed by the Service Provider or by one of its employees or subcontractors. The User will provide the Service Provider with all the information useful for the execution of the mission.

The Service Provider is not bound by any obligation of result, but only by an obligation of means in the context of the performance of its services.

The deadlines indicated for the execution of a service are provided for information purposes only so that the Service Provider is not required to perform the mission within these deadlines.

Section 4. Cancellation

The paid subscription is concluded for a period of one month, renewable automatically. It can be cancelled at any time by the user via the application interface.

The cancellation takes effect at the end of the following monthly period. No refunds will be made for periods already paid for, even if the user terminates the subscription before it expires.

Section 5. Responsibility

The Service Provider is responsible to the User and third parties for the direct consequences of serious breaches committed in the execution of its mission.

The User acknowledges and accepts that all the obligations owed by the Service Provider are exclusively obligations of means. In addition, the Service Provider cannot be held liable due to faults committed by the User or his possible agents and agents.

The User must also ensure that the risks associated with his activity are insured.

The Service Provider cannot be held responsible for the non-compliance with the commitments arising from this Agreement in the event that the breach is due to a case of force majeure.
The Service Provider is in no way responsible for indirect damage, loss of data, loss of turnover or damage to reputation resulting from the use or impossibility of using the application.

In any event, the liability of the Service Provider, regardless of the nature or basis of the claim, is limited to the maximum amount covered by its current insurance policy. A copy of this policy may be provided at first request.

Section 6. Use of artificial intelligence

The COBRIA application integrates functionalities to help write quotes and other professional documents, based on artificial intelligence technologies, in particular those offered by OpenAI.

The user expressly acknowledges that the suggestions generated by the AI are provided for information purposes only. The user remains solely responsible for the final content of the documents generated, including the technical, legal and regulatory compliance of the quotes and other documents produced.

Under no circumstances can COBRIA be held responsible for the direct or indirect consequences of the use of suggestions made by the AI.

Section 7. Confidentiality and processing of personal data

The Service Provider will refrain from communicating information concerning the User's company to third parties if this information may affect the latter's competitive position. The Service Provider undertakes to comply with all the provisions of the RGPD at all times and is prepared to sign, in this respect, as far as necessary, an agreement for the processing of personal data.

In order to allow the Service Provider to carry out the mission entrusted to him under this agreement, the User is invited to provide information about him, including his name, first name, email address, telephone number, postal code, as well as any other information necessary for the Service Provider to exercise the mission entrusted to him.

In addition, COBRIA collects and processes the identification data of its professional users (name, company, contact details, use of the application, etc.) for the purposes of management, service improvement and commercial prospecting. This data is not subject to the General Data Protection Regulation (GDPR).

By signing this Agreement, the User expressly consents to the service provider processing his personal data in accordance with the provisions of the RGPD. In addition, the Service Provider cannot be held liable in any way due to breaches by the User (data controller) in the event of a violation of the RGPD provisions, which the latter must ensure compliance with.

On the other hand, COBRIA does not collect or process the personal data of the end customers of users of the application (for example, their individual customers or consumers). As such, COBRIA never acts as a subcontractor within the meaning of the GDPR for this data. The user is solely responsible for complying with legal obligations relating to the collection, storage and processing of this data, should he enter them into the application.

Section 8. Nullity

In the event that one of the provisions of this Convention is or becomes void or ineffective, the Parties expressly agree that this Convention would not be affected and would continue to have effect without this provision, provided, however, that a valid provision whose economy would correspond to or be as close as possible to the effect of the void or inoperative provision shall be substituted for it.

This Convention (including the Annexes and the documents referred to in it) constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, or statements between the Parties, whether oral or written, relating to the subject matter of this Convention.

Section 9. Applicable law/Competent court

1. Belgian law applies to this agreement.
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2. In the event of a dispute with a consumer, only the French-speaking Court of First Instance of Brussels or the Justice of Peace of the First Canton of Brussels are competent, depending on the value of the request. The main place of performance of the services, within the meaning of article 624, 2° of the Judicial Code, is located at the head office of the Service Provider, i.e. at 1070 Anderlecht, Boulevard Industriel 65.

3. In the event of a dispute with a company, only the Tribunal de l'Entreprise Francophone de Bruxelles is competent.