Terms and Conditions of Use

1. Definitions

The following terms, beginning with a capital letter, used in these general terms of use (hereinafter the "Terms") shall have the following meaning:

• User Account: designates the personal account created by the User to use the App.
• Content(s): designates the content uploaded by the Company, present on the App.
• User Content(s): designates all content created or uploaded by the User on the App.
• Intellectual Property Rights: designates all property rights and interests of any kind owned or licensed by the Company, existing as of the date hereof or developed by the Company during the present, including those relating to the App and Services and shall include, but not be limited to, any invention, idea, improvement, manufacturing know-how, technology, trade secret, trademark, patent.
• Services: designates all services offered by the Company to the User via the App and detailed in Article 6 of the Terms.
• App: designates the mobile application Make Plan and the Web application Make Plan.
• Company: designates the company Bimdiag International, a limited liability company, with its registered office at 12 Cantersteen, 1000 Brussels, registered in Belgium under business number BE1019605305.
• Users: designates any natural person acting on their own behalf or on behalf of a legal entity visiting the App for the purpose of using the Services offered by the Company.

2. Purpose

The purpose of these Terms is to define the terms and conditions for the use by Users of the App and the Services provided by the Company.

If access to the App and/or Services was made via a third party, separate legal conditions presented by that third party may also apply to your access to the Services. These conditions will also be applicable to the provision of the Services and must be respected by the User.

3. Acceptance of Terms

Access to the Services by the User is conditional upon prior acceptance of the Terms when creating the User Account.

The Terms can only be validly accepted by a user:

• (i) professional (not acting as a consumer or non-professional),
• (ii) legally authorized to use the App in the country where they are located,
• (iii) aged at least 18 years old.

By accepting these Terms and Conditions of Use, the User certifies that they are at least 18 years old. In case of non-compliance with one and/or the other of these conditions, the User assumes responsibility, and the Company cannot be held responsible for the lack of verification of compliance with these conditions.

The Company reserves the right to modify all or part of these Terms at any time. Any modification of the Terms will be effective from their date of publication on the App.

Any User continuing to access the App or use the Services after the publication of the new Terms will be deemed to have accepted these modified or replaced Terms. Consequently, Users are recommended to regularly consult these Terms.

4. Access and Use of the App

The App is available on the Google Play and App Store application distribution platforms. It is also available as a web version at web.makeplan.tech.

Once the App is installed, the User will need to create a User Account.

The User undertakes to provide truthful information. The Company reserves the right to delete a User Account at any time that does not comply with applicable legal provisions, third-party rights, or is not in conformity with the Terms.

The username and password chosen when creating the User Account are specific, personal, and confidential.

The User undertakes to keep their usernames and passwords secret and not to disclose them in any form whatsoever. The storage, use, and transmission of the username and password are the sole and entire responsibility of the User.

Any use of the username and password will be presumed to have been made or duly authorized by the User.

Consequently, the Company shall in no case be held responsible for prejudicial consequences resulting from illicit, fraudulent, or abusive uses of usernames and passwords and access to the Services by a third party not expressly authorized by the User, resulting from their fault or negligence.

In the event of theft or misappropriation of usernames and passwords, it is the User's responsibility to immediately notify the Company via email at [email protected].

No account transfer is permitted without the prior agreement of the Company.

5. Minimum Technical Configuration Required

The User must have an iOS or Android terminal (smartphone or tablet). The User is advised that access to the App and use of the Services require the following minimum configuration: iPhone 12 Pro for iOS.

For Users of the App via an Android terminal, the User must also use a sensor robot marketed by the Company connected to the terminal via Bluetooth.

The operation of the App requires high-speed mobile Internet access. This access, essential for using the App, is the sole responsibility of the User. The User acknowledges that the availability of the App depends on the availability of communication services and high-speed Internet.

In addition, usage limits and specific geographical restrictions for the App may vary. Thus, the User is advised to regularly consult the Company's website to learn more about usage restrictions and recent changes to the App.

The User acknowledges having the competence and means necessary to access the App and use the Services. The User is solely responsible for the proper functioning of their equipment.

The hardware and software enabling access to the App and use of the Services are the exclusive responsibility of the User, as are the telecommunication costs incurred by their use.

6. Description of Services

Once the registration steps are completed, the User can notably:

• Generate instant 2D or 3D plans.
• Access a drawing interface to create, adjust, and refine plans.
• Import existing plans, images, PDF files, and modeled objects to create interactive plans in different formats.
• Export surveys in numerous formats.
• Geolocate plans on base maps such as IGN type.
• Generate detailed reports (flat areas, wall surfaces, perimeters, walls, etc.).
• Annotate and customize plans by adding written or dictated notes as well as photos and videos.

7. Technical Limitations and Data Warnings

7.1 Decision Support Tool

The App and Services constitute a decision support tool and shall in no case be equated with a regulatory diagnostic tool, professional expertise, or contractual measurement tool engaging the liability of Bimdiag International.

7.2 Non-Contractual Nature of Information

The information, data, results, calculations, estimates, measurements, surfaces, diagnostics, energy indicators (including EPC), valuations, prices, plans, 2D/3D models, and more generally, all content generated by the App or Services are provided purely for informational and indicative purposes.

This information is automatically generated from data entered by the user and/or algorithmic processing (including scanning, modeling, automated calculations, and artificial intelligence), and by nature may contain approximations, margins of error, or technical limitations.

Consequently, all information produced by the App or Services is non-contractual and cannot substitute for on-site surveys, regulatory diagnostics, technical studies, energy audits, professional expertise, or official documents prepared by qualified and authorized professionals.

7.3 Disclaimer on Measurements and Quantities

The measurements, surfaces, and quantities presented are derived from modeling performed by the App or Services based on a scan of the existing structure. While measurements are generally reliable under normal and compliant usage conditions, limited discrepancies may exist, estimated on average at approximately 1%, particularly on certain specific elements such as openings, construction details, or difficult-to-access areas.

These measurements do not constitute topographic surveys or contractual measurements and cannot substitute for measurements taken on-site by a competent professional.

7.4 Disclaimer on Prices and Financial Estimates

The prices, costings, financial estimates, work costs, valuations, or economic orders of magnitude indicated by the App, Services, or in the generated reports are provided for informational and non-contractual purposes.

They are established based on several databases, including public ones, average ratios, and general assumptions, and may vary significantly depending on:

• market developments,
• local conditions,
• technical, architectural, or construction choices,
• specific project constraints.

Bimdiag International does not guarantee in any way the accuracy, currency, or suitability of these prices for a real project or given situation.

7.5 AI Feature Usage & Data Transfer

Certain features of the App, such as "Relook" and the interactive chatbot, utilize third-party Artificial Intelligence (AI) services to process User Content (images and text questions). By activating these features, the User explicitly consents to the secure transmission of their data to our third-party AI providers—Google Cloud (for images) and xAI/Grok (for text)—for the sole purpose of generating the requested output. The User retains ownership of their content, but grants a limited license for this processing.

8. Use of Services

The User must make authorized and normal use of the App and associated Services and acknowledges that the Company may implement measures to prevent any manifest misuse of the purpose of the Services. The User must thus use the App and Services in compliance with applicable law and regulations and is solely responsible for the use they make of the App. Furthermore, they must comply with the Terms.

The User must in no case make unauthorized use of the App or Services, i.e., contrary to applicable law and regulations. The User is also informed that the following uses, without this list being considered exhaustive, are considered unauthorized:

8.1 Interference with the App

• Using a process designed to distort, alter, modify, disassemble, delete the App, protocols, and communications, such as, notably, viruses, Trojan horses, worms, logic bombs, etc.
• Altering or attempting to alter the App, its functionality, or its availability.
• Bypassing, disabling, or disrupting functions related to the security of the App and its integrity.
• Using an automated system to access the App or create User Accounts.
• Creating fake accounts. The Company thus reserves the right to request additional information from Users to confirm their real identity.
• Infringing on the Company's intellectual property rights, notably by reselling or marketing the App.

8.2 Infringement of Third-Party Rights

• Using any content subject to property rights without a license or express permission from the rights owner.
• Engaging in activities that violate the privacy of others, notably by impersonating another person.
• Engaging in activities that infringe on the image rights of others or any other personality right.
• Using the App for phishing, identity theft, or spamming purposes.
• Using the App to embarrass, threaten, harass, or invade the privacy of a third party, or expose a third party to shocking, indecent, or dangerous content.
• Extracting data from the Services, whether stored by the Company or belonging to other Users, for unauthorized reuse.
• Collecting information from other Users, including their email addresses, to use them for sending commercial solicitations or integrating them into a referencing service.

8.3 Prohibited Content

It is strictly forbidden to upload, publish, or share inappropriate content, including:

• Illegal content or content inciting the commission of crimes and offenses.
• Content that undermines human dignity.
• Content of a sexual, pornographic, or pedophilic nature.
• Defamatory, abusive, racist, violent, or insulting content.
• Revisionist content, apologizing for war crimes or terrorism.
• Content calling for murder or inciting suicide.
• Content that undermines the security or integrity of a state or territory.

If the Company detects prohibited use of the Services, it may:

• Permanently block the User Account.
• Take any other action necessary to protect its rights.

In all cases, the Company may delete User Content linked to unauthorized and/or contractually prohibited use of the Services.

Any deletion of User Content or any suspension or permanent closure of the User Account shall not give rise to any reimbursement or payment of damages for the benefit of the concerned User.

8.4 Sole Responsibility of the User

The user acknowledges and accepts being solely responsible for the use, verification, validation, and communication of information generated by the App and Services, particularly when used:

• in a transactional context (sale, rental, real estate valuation);
• in professional reports, diagnostics, audits, quotes, studies, regulatory files, or documents submitted to clients, partners, administrations, or any other third party;
• by real estate agents, diagnosticians, renovators, architects, engineering firms, or any other building professional.

The user remains solely responsible vis-à-vis third parties for any information derived from the App and Services and undertakes to carry out all necessary verifications before any professional, commercial, or regulatory use.

9. Liability

The Company expressly disclaims all express, implied, or statutory warranties regarding any aspect of the App and Services.

9.1 Specific Data Liability Exclusion

Bimdiag International, publisher of the App, expressly disclaims all liability, direct or indirect, in the event of:

• errors, omissions, inaccuracies, or discrepancies found in surfaces, measurements, quantities, prices, estimates, valuations, energy data, or diagnostics generated by the Application;
• misinterpretation or inappropriate use of the information provided;
• financial, commercial, legal, or material damage resulting from the use of information generated by the Application.

9.2 General Limitation of Liability

The App and Services are accessible and used via the Internet. Users acknowledge and agree that the Company does not operate or control the Internet and that the Company cannot guarantee that the App will operate without interruption, securely, accurately, punctually, without viruses or errors, or that it is free from errors or omissions.

Likewise, Users acknowledge that:

• (i) viruses, computer worms, Trojan horses, or other undesirable data or software,
• (ii) unauthorized users (e.g., hackers),

may attempt to access and damage Users' data, terminals, or networks. The Company shall not be held liable for these activities.

Consequently, the Company shall not be held liable for direct, indirect, or consequential damages (resulting notably from any errors, inaccuracies, or omissions), including without limitation:

• Loss of clientele,
• Loss of revenue,
• Loss of profit,
• Damage to reputation,
• Third-party claims resulting from the use of the App or Services by the User.

10. Intellectual Property

10.1 User's Intellectual Property

The User holds the rights to the User Content they introduce into the App.

The Company claims no ownership rights over the User Content.

However, in order to make the App available and provide the Services, the Company must obtain authorization from the User to use the User Content.

The User thus grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to the intellectual property rights relating to the User Content.

The license covers the following rights:

• The right of reproduction: which includes the right to reproduce the User Content in number, in whole or in part, in all formats and on all media known and unknown to date and by all means of material fixation known or unknown to date.
• The right of adaptation: which includes, subject to respect for the moral rights of authors, the right to carry out, for the purposes of reproduction and representation, in whole or in part, any adaptation, addition, deletion, or change of any element of the User Content and, generally, any modification, as well as the right to reproduce or represent these adaptations, and to translate them into all languages.

10.2 Company's Intellectual Property

The App contains proprietary and confidential information protected by intellectual property laws and treaties. The Company retains exclusive ownership of the App, and the User undertakes, directly, indirectly, or through third parties, not to infringe, jeopardize, or limit, by any measure whatsoever, the intellectual property rights held by the Company over the App.

Similarly, any reproduction, representation, adaptation, modification, translation, transformation, dissemination, integration into other material, commercial or non-commercial exploitation, and/or reuse in any way whatsoever of all or part of the elements composing the App is strictly prohibited.

Make Plan, the trademarks, and associated logos are trademarks owned by the Company.

The User benefits, subject to acceptance and compliance with the Terms of Use, from a limited, non-exclusive, non-transferable, non-assignable, royalty-free right to download and install the App on a Smartphone or tablet type terminal and to personally use the App through their User Account. This right is granted to the User for the entire duration of the User Account and throughout the territory in which the Company markets the Services.

The User is prohibited from:

• Licensing, selling, assigning, renting, exporting, importing, distributing, or transferring or granting rights to a third party over the App.
• In any way, modifying, copying, decompiling, reverse engineering, disassembling all or part of the elements composing the App, or attempting to derive the source code, or creating derivative works from all or part of the App or its updates, except where applicable law provides otherwise.
• Directly or indirectly, creating a derivative work, searching for the source code or protocols of the App's software.
• Removing, obscuring, or altering trademark notices or other proprietary notices included in the App.

11. Availability and Maintenance

The Company, like its technical providers, may need to interrupt access to the App in whole or in part for maintenance reasons necessary for its proper functioning. The User will be notified as far as possible, and subject to the urgent nature of the operation, by information on the App.

Maintenance operations will be carried out as far as possible outside business hours. These interruptions for maintenance will not give rise to any compensation, and the Services will be accessible as soon as the maintenance operation is completed.

12. Data Protection - Personal Data

The elements relating to the processing of personal data under these Terms are described and governed by the provisions of the privacy policy, which the User is invited to consult by clicking on the following link:Privacy Policy.

13. Hyperlinks

The establishment of a hyperlink pointing to the App requires prior written authorization from the Company.

Furthermore, the Company disclaims any responsibility for the content of sites possibly linked to the App.

14. Notifications

All correspondence intended for the Company shall be sent by email to the address[email protected].

15. Entire Agreement

The terms herein constitute the entire agreement binding the Users and the Company and supersede any prior agreement, which they purely and simply cancel.

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

16. Applicable Law and Competent Jurisdiction

These Terms are governed by Belgian law. The Commercial Court of Brussels shall have exclusive jurisdiction to settle any dispute or claim arising from these Terms.