Terms of Service

In case of discrepancy, the Dutch version of this document prevails.

1. Definitions

In these terms of service, the following terms are used:

• Platform — the AquaTrace web application, available via app.aqua-trace.be, and the associated marketing website at aqua-trace.be.
• AquaTrace — NxTech, a trade name of Jasper Vanhove (sole proprietorship), registered with the Crossroads Bank for Enterprises under enterprise number 1042.373.282 (VAT BE 1042.373.282), the provider of the Platform.
• Subscriber — the legal entity or natural person who has taken out a subscription for the use of the Platform.
• User — any natural person who has access to the Platform via the Subscriber's account.
• Agreement — the agreement between AquaTrace and the Subscriber that comes into effect upon registration and acceptance of these terms.

2. Acceptance of the terms

By registering for or using the Platform, you accept these terms of service fully and without reservation. If you act on behalf of an organization, you warrant that you are authorized to bind it.

These terms are available at aqua-trace.be/en/terms and may be amended by AquaTrace. In the event of material changes, you will receive notice by email.

3. Licence

AquaTrace grants the Subscriber a non-exclusive, non-transferable and revocable right to use the Platform for the duration of the subscription, solely for its own internal business purposes.

It is not permitted to sublicense, sell, rent, transfer or otherwise make available to third parties the Platform or any component thereof, unless with the express written consent of AquaTrace.

4. Subscription and payment

Use of the Platform is subject to a monthly subscription:

• Base subscription: €70/month for 1 building and 3 users.
• Extra building: +€40/month per building.
• Extra user: +€10/month per user above the included 3.

Billing runs through Stripe and is renewed automatically each month. By taking out a subscription, you authorize Stripe to charge your payment method monthly. All prices are exclusive of VAT unless stated otherwise.

In the event of non-payment following a reminder, AquaTrace retains the right to suspend access to the Platform until the outstanding amounts have been settled.

5. Acceptable use

The Subscriber and Users undertake to use the Platform solely for lawful purposes and in accordance with these terms. It is prohibited to:

• use the Platform in a manner that causes damage, nuisance or inconvenience to AquaTrace or third parties;
• reverse engineer, decompile, disassemble or modify the Platform or any component thereof;
• use automated means (bots, scrapers) to query the Platform outside its intended use;
• circumvent or test the Platform's security measures without express consent;
• enter unlawful or fraudulent data into the Platform.

6. Availability

AquaTrace strives for maximum availability of the Platform, but does not offer a guaranteed service level agreement (SLA). The Platform is provided on a best-effort basis.

AquaTrace retains the right to temporarily take the Platform out of service for maintenance, updates or security patches. Planned maintenance windows are, where possible, communicated in advance by email or via the application.

7. Intellectual property

All intellectual property rights in the Platform, including but not limited to software, source code, databases, trade names, logos, graphic elements and documentation, are and remain the property of AquaTrace or its licensors.

The Subscriber acquires no ownership rights through use of the Platform. Data that the Subscriber enters into the Platform remains the property of the Subscriber.

8. Limitation of liability

To the extent permitted by applicable Belgian law, AquaTrace excludes all liability for indirect damage, consequential damage, loss of profit, loss of data or reputational damage arising from the use or inability to use the Platform.

AquaTrace's total liability towards the Subscriber for direct damage is in any event limited to the total amount of subscription fees paid by the Subscriber in the three months preceding the event giving rise to the damage.

9. Termination

The Subscriber may cancel the subscription at any time via the customer portal in the application. Cancellation takes effect at the end of the current monthly billing period. Amounts already paid will not be refunded.

AquaTrace retains the right to terminate the subscription immediately in the event of serious misuse, non-payment following a reminder, or breach of these terms. Following termination, the Subscriber’s data is retained or deleted in accordance with the Privacy Policy.

10. Governing law and jurisdiction

This agreement is governed exclusively by Belgian law. Disputes that cannot be resolved by mutual agreement shall be submitted to the exclusive jurisdiction of the courts of Kortrijk.

11. Contact details

For questions about these terms of service, you can contact:

NxTech (Jasper Vanhove)
Email: info@aqua-trace.be
Enterprise and VAT number: BE 1042.373.282