Terms and conditions

The Platform or Batixi: The downloadable application for mobile phones and tablets Batixi, operated by APPCORPORATION, which connects Individuals and Professionals in the construction and renovation sector, as well as the website(s) www.batixi.com, the tools, and other equipment used for this purpose.

APPCORPORATION: The LLC APPCORPORATION as identified in Article 2, including its affiliated companies and brands.

User(s): Any person using the Platform, including Individuals and Professionals.

Individual(s): Any legally capable natural person over the age of 18 who registers on the Platform.

Professional(s): Any natural or legal person, subject to VAT, active in the construction or renovation sector, who registers on the Platform.

Service: Services offered by APPCORPORATION to the User.

Advert: User's publication of a request or proposal for Works on the Platform.

Quote: Document issued by the User comprising a cost proposal for undertaking the Works request.

Contract: Agreement concluded between Users relating to an Advertisement and facilitated by the Platform.

Works: Construction or renovation services performed by the Professional in execution of the Contract.

User profile: User's personal space on the Platform, including an instant messaging system.

APPCORPORATION LLC, with registered office at Chaussée de Buda 100 in Brussels, Belgium, registered in the Crossroads Bank for Enterprises under number 0763.464.036, VAT registered under number BE0763464036.

Email: contact@batixi.com

The General Terms and Conditions govern the Service. APPCORPORATION is not responsible for the Announcement, the Quote, the Contract, or the execution of the Work.

By signing the Contract, the Individual and the Professional acknowledge that they enter into a direct contractual relationship to which APPCORPORATION is not a party. The Professional's general terms and conditions may apply to the Contract, if applicable.

When the Service involves promoting products and services of third parties, APPCORPORATION is not responsible for the products and services offered, which are solely the responsibility of the third-party partner organizations.

The Service is available in all countries of the European Union where the Platform is accessible. However, there may be circumstances in which APPCORPORATION cannot operate the platform in certain countries, in which case it will make efforts to inform the User.

The Service involves connecting a Private individual and a Professional in the construction and renovation sector.

The Platform's website is open to all Users.

To use the platform, the User must register on the Platform. They create and receive a User Profile.

They can then create one or more Advertisement(s) or search based on specific criteria for the Works they wish to carry out or offer, which will be published on the Platform. When the interests of the Private individual and the Professional align on an Advertisement, the Professional submits a Quote to the Private individual through the instant messaging available on the User Profile. The Private individual and the Professional have the option to exchange messages through instant messaging. When the Private individual considers the Quote to be in line with their project and budget, the Private individual and the Professional arrange a physical meeting. When the Private individual and the Professional agree on the Quote, they enter into a Contract. Users can also provide the Professional with an evaluation consisting of a review and a rating ranging from 1 to 5 stars.

User data may be shared with professionals to facilitate opportunities for personalized communication. We commit to sharing your data only with professionals adhering to the strictest standards of confidentiality and security. However, please note that we cannot guarantee or control the subsequent use of your data by these professionals. These professionals may use this information for legitimate purposes to contact you via email or phone, to request further information about your project, or to provide relevant information about their products or services.

The Service can also be used to enable a Professional to search for another Professional for subcontracting.

If applicable, the User also benefits from offers of products and services provided by third-party partner organizations. They can browse construction and renovation materials available for sale and simulate work credits directly on the Platform.

In summary, the Service consists of:

Providing the User with a website.
Publishing a User-customized Advertisement on the Platform.
Connecting a Private individual with a Professional or connecting a Professional with another Professional.
Facilitating the conclusion of a Contract related to Works between the Private individual and the Professional.
Facilitating the conclusion of a Contract related to subcontracting Works between a Professional and another Professional.
Promoting third-party products and services in the sale of construction materials and work credits.

The User acknowledges that:

APPCORPORATION and the Platform are not construction companies or construction services.
APPCORPORATION does not act as an agent for the Professional(s).
The publication of the Advertisement on the Platform, the Quote, and the Contract do not constitute a commitment or guarantee of the execution of Works by APPCORPORATION.

The User registers on the Platform using their name, first name, email address, and a password, or logs in using login tools provided by third parties (Facebook or Google).

The Professional enters their VAT number and selects the trade body that corresponds to them.

The User expressly accepts the general terms and conditions by checking the designated box.

The Platform will send an email to the User to confirm their registration. Only one account can be used per User.

The User will receive a User Profile that allows them to access the Platform using their username and password. These can be modified in the User Profile.

The User can unsubscribe from the Platform at any time following the procedure described in the User Profile.

The User acknowledges that the identification data is essential for APPCORPORATION to communicate with them and perform the Service.

The User undertakes to ensure that the identification data is verified, complete, up-to-date, and accurate. If the entered data is no longer accurate or up-to-date, the User will immediately notify APPCORPORATION to proceed with their correction.

The User acknowledges that verification processes, automated or not, may be used to verify the transmitted identification data, and waives any damages resulting from such use. The Professional is expressly informed that their VAT number will be verified using the tool provided by the European Commission https://ec.europa.eu/taxation_customs/vies/checkVatService.wsdl.

Once registered on the Platform, the User can post content on the Platform. The User is solely responsible for the posted content.

The User can post one or more Listings based on specific criteria, including:

- Type of Professional sought for the Work.
- Area of construction or renovation for the Work.
- Location of the Work site.
- Deadline by which the Work must be completed.
- Materials required (or not required) for the execution of the Work.

The User is responsible for the accuracy and legality of the content and Listing. They agree to only post serious, complete, genuine, and based on relevant and verified information content and Listings. When the User is unable to verify such information, they are requested not to post any Listing or content. The User may receive assistance from the Platform through the Contact tab available on their User Profile. However, the Platform is not responsible for the information provided to the User in the context of such assistance.

Listings or content contrary to public order or morality, fanciful, relating to illegal locations, products or services will be subject to penalties according to these Terms and Conditions.

The publication of the Listing or content on the Platform does not constitute a recognition of their validity by APPCORPORATION.

The User warrants that they are entitled to use any photo, plan, text, title, or any other document, multimedia, graphic, or written material of any nature and in any form that they publish on the Platform, whether through the Listing or not. The User releases APPCORPORATION from any liability and claims in this regard.

APPCORPORATION may also associate the Listing or content with images, photos, texts, and advertisements of its choice for which it assumes responsibility.

The content and Listing may be removed, used, adapted, communicated, or licensed at any time, without prior notice and without compensation, by APPCORPORATION, particularly for promotional, advertising, marketing, platform functionality, and evidentiary purposes. The User waives any rights in this regard.

The quotation is a document issued voluntarily by the Professional to the Individual or another Professional, regardless of the communication channel.

Where applicable, the quotation can be transmitted via the instant messaging available on the User Profile.

The Professional guarantees APPCORPORATION and the Individual or other Professional that he/she has all the necessary authorizations to prepare a quotation and propose the Works referred to in the quotation.

The content, layout, and cost of the quotation, as well as the price calculation, are at the sole discretion of the Professional. APPCORPORATION disclaims all responsibility for the content and form of the quotation.

The User receives and compares the quotations submitted to him/her and proceeds to select one or more of them.

He/she informs the Professional of his/her intention to meet and arranges one or more possible physical meetings with the Professional for the conclusion of the Contract. APPCORPORATION is not responsible for the meetings or any events that may occur during or as a result of these meetings.

The User undertakes to be present at every meeting and releases APPCORPORATION from any liability in this regard. The Professional may request the User to provide identification documents to prove that he/she is the person corresponding to his/her User Profile and is over 18 years old. If the Individual is unable or refuses to identify himself/herself, APPCORPORATION may delete the User's account and User Profile or suspend access to the Platform. The Professional may refuse to continue any assignments on behalf of the User.

When Users agree on the terms of the quote, they sign a Contract in which APPCORPORATION is not a party.

The Contract is a document freely drafted by the Users.

Users are required to verify the clauses of the Contract and ensure the actual implementation before affixing their signature and before the execution of the Work. APPCORPORATION disclaims any responsibility regarding the content, legality, and validity of the clauses of the Contract. If applicable, the specific conditions of the Professional apply.

The Professional guarantees APPCORPORATION and the Individual and/or other Professional:

That he/she complies with tax, social, and sectoral legislation and is up to date with mandatory insurance. That he/she will perform services in accordance with prevailing quality standards.

The User expressly acknowledges that he/she releases APPCORPORATION from any responsibility regarding the execution of the Contract and the Work.

The User acknowledges that the Contract can only be implemented if he/she provides accurate and complete information at the time of registration and/or when publishing the Ad. The User undertakes to immediately report any inaccuracies in the information provided to APPCORPORATION and the other User.

In the event of a dispute concerning the execution of the Contract and the Work, APPCORPORATION may act as a mediator, but it is not obliged to do so and does not assume any liability in this regard.

The Individual can evaluate the Professional through comments and ratings ranging from 1 to 5 stars.

The Individual agrees to evaluate the Professional only in an authentic manner, based on real and verifiable elements. APPCORPORATION is not obliged to perform any control or moderation.

APPCORPORATION reserves the right to remove any evaluation that it deems non-compliant for any reason without prior notice to the User.

Where applicable, the User benefits from product and service offers provided by third-party partner organizations.

The User can view construction and renovation materials available for sale from third-party partner organizations directly on the Platform or through hyperlinks that redirect to the website or platform of the third-party partner. Promotional codes or discounts may be distributed. APPCORPORATION disclaims any responsibility regarding the use of these codes and discounts.

The User can also simulate construction loans or mortgage loans with banking institutions directly on the Platform or through hyperlinks that redirect to the website or platform of the third-party partner. The data voluntarily submitted by Users are at their own risk.

Although third-party products and services may be accessible directly on the Platform, the sale of these products and services is solely the responsibility of the third-party partner organizations and is subject to separate terms and conditions. Users should familiarize themselves with these terms and conditions in advance. APPCORPORATION is released from any liability in this regard.

The User uses the Platform at their own risk and in accordance with these terms and conditions.

APPCORPORATION makes every effort to ensure that the Platform is operational, accessible, functional, and secure. However, this cannot be guaranteed absolutely. The Platform may be interrupted, updated, or deactivated without prior notice to the User. APPCORPORATION disclaims any responsibility for interruptions, computer bugs, or Platform malfunctions.

When the User uploads or downloads files or data on the Platform and/or their User Profile, APPCORPORATION shall not be liable for any damages resulting from such uploads and downloads.

The User agrees to perform the necessary verifications to ensure that the device, tool, browser, and software they use are compatible with the Platform. The User is expressly informed that the Platform is only operational for Android devices running version 5.0 or higher with access to the Play Store, and for iOS devices running version 11.0 or higher with access to the Apple App Store.

Before receiving any commercial communication (newsletters, information, promotions, advertisements, offers (including from Professionals), etc.), the User will be asked to check the box indicating that APPCORPORATION is entitled to send them commercial communication.

By checking this box, the User agrees to receive commercial communication via email, postal address, telephone, mobile phone, and on their User Profile.

The User can unsubscribe from commercial communication at any time by contacting us using the identification data mentioned in Article 2, or by following the unsubscribe ("opt-out") procedure accompanying each communication.

As an exception to the above, APPCORPORATION may display promotional content directly on the Platform without prior consent from the User.

If the User believes they are a victim of spam or malicious communication from third parties or due to the use of the Service, they are requested to immediately inform APPCORPORATION.

The Platform and all its elements (logos, signs, advertisements, content, texts, photographs, images, interface, graphics, data, computer program, and other materials) are protected by the applicable intellectual property rights, in particular copyright and trademark law. Any use, reproduction, or public communication of these elements is strictly prohibited without the prior express written permission of APPCORPORATION. Any hyperlink directly referring to the Platform must obtain prior express authorization from APPCORPORATION. If it is found that content protected by intellectual property rights is published on the Platform in violation of the rights of others, please inform APPCORPORATION through the contact tab or using the identification data mentioned in Article 2. Each request must include evidence of the protected material, evidence of its use, the name of the victim, proof of the victim's ownership (or their representative) over the content, and a statement confirming that the request is serious, genuine, and well-founded. APPCORPORATION may provide the suspected User who has infringed intellectual property rights with the opportunity to submit a justification. APPCORPORATION may remove content or an advertisement, and suspend or block a User or IP address without incurring any liability.

Respecting the User's personal data is paramount for APPCORPORATION.

At the time of registration on the Platform, the User is asked to check the box confirming acceptance of the processing of their personal data in accordance with the provisions of the Privacy Policy of the Platform, including the use of cookies. This Privacy Policy is available in the corresponding tab of the Platform and is an integral part of these Terms and Conditions.

It is expressly agreed that all obligations imposed on APPCORPORATION under these General Terms and Conditions are obligations of means.

APPCORPORATION shall not be liable for any direct or indirect damages resulting from the use of the Platform, even in case of gross negligence within the limits allowed by law.

If the liability of APPCORPORATION were to be established, it would be limited to the amounts billed by APPCORPORATION to the User or, failing that, to a maximum of €50, unless otherwise provided by law.

APPCORPORATION does not guarantee in any way that the Advertisement will be successful or will result in a Contract, Work or profit. APPCORPORATION does not guarantee the content of the quote, the content of the Contract, or the validity of offers of products and services offered by third parties.

APPCORPORATION ensures that the information transmitted on the Platform is verified and up-to-date. However, this commitment is not absolute. In some cases, certain information may be inaccurate or incorrect. APPCORPORATION is not obliged to carry out systematic checks and disclaims any liability, particularly in the event of errors, omissions, or dissemination of false information that is accidental, beyond its control, or attributable to third parties, including the User.

If the User finds that certain information is contrary to law, public morals, or the rights of others, the User is requested to inform APPCORPORATION directly.

The rates, images, diagrams, plans, drawings, photographs, and other documents offered on the Platform are not binding and cannot engage the liability of APPCORPORATION.

APPCORPORATION reserves the right to modify or delete any information transmitted by the User without prior notice.

Unless otherwise provided by law, the Platform is not required to retain or guarantee the confidentiality of the content and information transmitted by the User (in addition to personal data subject to the Privacy Policy).

Referring to links or third-party websites from or on the Platform does not imply any economic relationship between APPCORPORATION and these third parties. APPCORPORATION disclaims any responsibility regarding the use of such links by the User.

The User is expressly informed that the data related to the Service is hosted by the DigitalOcean platform (https://www.mongodb.com/cloud-terms-and-conditions).

The terms and conditions of third parties, including those of the hosting provider, are applicable at all times. The User must familiarize themselves with them before using the Platform.

APPCORPORATION has obtained professional liability insurance from: AG Insurance.

The insurance covers APPCORPORATION's liability for damages caused to third parties and clients of APPCORPORATION resulting from liability events such as:

- An error, negligence, or omission committed during professional practice. - Loss, disappearance, or damage of documents.

The User and APPCORPORATION are bound by these Terms and Conditions as long as the User remains registered on the Platform through their User Profile.

Once the User has signed the Contract, they remain bound by its terms. The User can only cancel the Works or terminate the Contract in accordance with the terms of the Contract.

APPCORPORATION may take any appropriate sanction and remedial measures, including removing or suspending the User from the Platform, blocking their IP address, or without prior notice or justification, when:

- The User fails to comply with their obligations under these Terms and Conditions.
- The information provided by the User is false or inaccurate, or there is doubt about the truth or accuracy of this information.
- The User places false, speculative, or fraudulent advertisements.
- APPCORPORATION deems it appropriate.

APPCORPORATION also reserves the right to report the User to the competent authorities and initiate legal proceedings, as well as terminate these Terms and Conditions to the detriment of the User, particularly in cases of fraud, deceit, gross negligence, or speculation.

The use of these measures shall not give rise to any liability on the part of APPCORPORATION.

Claims regarding the quote, the Works, or the Contract must be addressed directly to the Professional. In this regard, APPCORPORATION may act as a mediator, but it is not obliged to do so and does not accept any liability.

Claims from the User regarding the Service must be submitted to APPCORPORATION through the Contact tab available on the User Profile or using the identification information mentioned in Article 2. Claims must clearly and precisely describe the problem encountered and be submitted within a reasonable time after the problem is identified. Once the claim is received, APPCORPORATION will respond as quickly as possible and prepare a report, but it is not bound by an obligation to achieve a specific outcome.

The nullity, illegality, or inapplicability, in whole or in part, or the waiver of any provision of these General Terms and Conditions shall not affect the validity of the other provisions. In such a case, the null, illegal, or inapplicable provision shall be replaced by a provision of equivalent effect.

Unless prior consent of APPCORPORATION, the rights and obligations arising from these General Terms and Conditions are neither transferable nor assignable.

APPCORPORATION informs the Customer of the existence of extrajudicial dispute resolution procedures, in particular that established by the European Commission for the resolution of consumer disputes: https://ec.europa.eu/odr. This information does not constitute a commitment by APPCORPORATION to use an alternative dispute resolution method.

Any dispute relating to the interpretation, validity, or performance of these General Terms and Conditions and the use of the Platform will be resolved amicably. In the event of failure of attempts at amicable resolution, the courts of the judicial district of Brussels, sitting in French, shall have jurisdiction, unless otherwise provided by law.

These terms and conditions of sale are governed by Belgian law.

Payments made within the mobile application are entirely managed and secured by the third-party service Stripe. As a result, all conditions, policies, and security standards established by Stripe are rigorously enforced within the scope of transactions conducted on the Batixi application.

In the event that issues arise during transactions, Batixi reserves the right to issue or reissue relevant invoices or receipts. This measure aims to ensure transparency and accuracy of information related to transactions carried out within the application.

For legitimate reasons such as transaction verification or dispute resolution, Batixi reserves the right to consult the invoices and receipts associated with transactions conducted on the application.

The refund process is initiated exclusively by the customer by means of a written request sent to the following e-mail address no later than 30 days after the date of the first invoice issued for the subscription in question: contact@batixi.com. Any refund request must be made through this specific channel and will be processed in accordance with the prevailing policies.

In the event of cancellation of a subscribed subscription by the customer, no automatic refund will be issued. However, the customer has the option to request a refund by sending an email to the provided address. The processing of each request will be evaluated on a case-by-case basis, in compliance with the prevailing refund conditions.