Terms of Service
Last Updated: [Date] · Service Provider: [Your Legal Company Name] (BV/SRL), [Address], Enterprise No. BE 0XXX.XXX.XXX (“Calcufloor”).
1. Nature of the Service
1.1 Theoretical Estimation Tool Only
The User acknowledges and accepts that Calcufloor is strictly a theoretical mathematical calculation tool. It processes User-generated inputs (dimensions, material constraints) to produce a hypothetical layout.
1.2 Not a Construction Document
The output generated by Calcufloor (“The Report”) is NOT a construction drawing, architectural plan, or engineering advice. It is a material estimation aid only.
1.3 Essential Obligation
Calcufloor’s essential obligation is limited to the availability of the software interface and the execution of the algorithms as programmed. Calcufloor explicitly does not assume an obligation of result (verbintenis van resultaat / obligation de résultat) regarding the physical fit, accuracy, or installation feasibility of the flooring materials.
2. User Responsibilities & Risk Assumption
2.1 Verification Duty
The User is solely responsible for verifying all outputs against actual site conditions. Real-world variances including but not limited to: non-square walls, uneven subfloors, material batch variations, saw blade thickness, and expansion gaps are solely the User’s risk.
2.2 Data Accuracy
You warrant that all data entered (room dimensions, plank size) is accurate. Calcufloor is not liable for garbage-in / garbage-out scenarios.
2.3 Professional Judgment
If you are a professional (B2B), you acknowledge that this software does not replace your professional judgment. If you are a consumer (B2C), you acknowledge you should consult a professional before purchasing materials based on The Report.
3. Liability and Indemnification
3.1 General Exclusion
To the maximum extent permitted by Article VI.91/5 of the Belgian Code of Economic Law (CEL), Calcufloor excludes all liability for:
- Indirect damages (loss of profit, loss of goodwill, business interruption);
- Consequential damages (costs of replacement materials, delay penalties from your clients, labor costs for re-installation).
3.2 Material Waste & Ordering Errors
Calcufloor specifically disclaims liability for over-ordering or under-ordering materials. The “waste percentage” suggested by the software is a theoretical average; actual waste is determined by the installer’s skill and site complexity.
3.3 Liability Cap
In the event Calcufloor is found liable by a court of competent jurisdiction, our total cumulative liability shall not exceed the total subscription fees paid by you in the six (6) months prior to the incident.
3.4 Belgian Law Mandatory Limits
Nothing in these Terms excludes liability for:
- Fraud (bedrog);
- Willful misconduct (opzet);
- Gross negligence (zware fout) by Calcufloor or its employees (but not for the gross negligence of our software agents or auxiliary persons unless required by law).
4. Subscription & Payments
4.1 Payment Processing
Payments are processed via Stripe. We do not store financial data.
4.2 B2B – No Withdrawal
If you use the Service as a business, you have no right of withdrawal. The contract is firm upon payment.
4.3 B2C – Waiver of Withdrawal
If you are a Consumer, you expressly consent to the immediate delivery of the digital content (access to the tool) and acknowledge that you thereby lose your right of withdrawal (14 days) in accordance with Art. VI.53, 13° CEL.
5. Intellectual Property
5.1 Ownership
All algorithms, code, and UI are the property of Calcufloor.
5.2 Output License
You own the data in your generated reports, but the format and layout of the report remain the intellectual property of Calcufloor. You may use reports solely for your personal or client projects.
6. Dispute Resolution
6.1 Jurisdiction
Exclusive jurisdiction lies with the Enterprise Court of Ghent (division [Your Division]) if you are a business, or the courts of your domicile if you are a consumer.
6.2 Applicable Law
Belgian Law applies exclusively.