Terms and conditions

Definitions

• Terms: the Terms and Conditions that are described here.
• Application: the BriefBuilder application provided by us via app.briefbuilder.com
• We/our/us: BriefBuilder B.V., company registration no. 73276766, registered under the laws of the Netherlands, with its registered office at Kipstraat 7c, 3011 RR Rotterdam, the Netherlands.
• You/your: the legal entity that has a BriefBuilder subscription and exercises these Terms.
• Content: all the data that is entered by a User in the Application.
• User: any natural person who is entitled to use the Application.
• Subscriber: a natural person or legal entity who has concluded an agreement with BriefBuilder B.V., which includes signing a proposal and/or assignment, and has accepted these Terms and Conditions.
• Product website: the BriefBuilder product website (www.briefbuilder.com).
• Knowledge base: our online support website (support.briefbuilder.com).
• Websites: the product website and the knowledge base.
• Subscription: the right to make use of BriefBuilder during the term of the agreement.
• Project License: subscription for a single project, with a minimum subscription term of three months.
• Company License: subscription for multiple projects, with a minimum subscription term of twelve months.
• Pricing category: specific set of pricing details that relates to the minimum number of active project models in an environment.
• Environment: your dedicated space in BriefBuilder where you can create and manage projects.
• Active project model: a project model that is editable.
• Archived project model: a project model that is no longer editable but still accessible.
• Sandbox project model: a project model with limited functionality that can be used for test purposes. Backup, publish, history, notification and archive functions are disabled.
• Third-Party Applications: software applications or services that are provided by third parties and interoperate with BriefBuilder.

The definitions above apply regardless of whether they are capitalized or not.

General

• BriefBuilder B.V. reserves the right to make changes to the Terms at any time. We will notify you of any changes with two months’ notice. This is done via email or in-app notification.
• The updated Terms will be posted at www.briefbuilder.com/pages/terms
• The updated Terms will become effective on the next business day after they are posted.
• If you don’t agree to the changes in the Terms, you must cancel your subscription no later than thirty days prior to the conclusion of your current payment term.

Functionalities

• BriefBuilder is an online application for requirements management in construction projects. The application’s functionalities are described in the online knowledge base.
• We reserve the right to make changes to these functionalities at any time. We will take reasonable efforts to keep the application fully functional during such changes.
• All new functionalities introduced to the application will be subject to these Terms.

Environments and projects

• As a Subscriber, you will get your own dedicated environment for your project models.
• With a Project Licence, you can create a single active project model in your environment.
• With a Company Licence, you can create multiple active project models in your environment. The price per model is dependent on the chosen pricing category.
• For every active project model, you can also create one archived project model and one sandbox project model in your environment. These are free-of-charge.

Content

• By entering data in the application, you warrant that you are either the owner of the data or that you hold a valid license to said data from the appropriate rights holder.
• We do not take any responsibility and liability with regards to the validity of data provided by you or any other user.
• We have the right to analyse data for the purpose of improving BriefBuilder.
• We will never sell or disclose your content with any third party without your explicit permission.

Storage

• All your data is stored in BriefBuilder for as long as your subscription remains active.
• If you cancel your subscription, or if your subscription is terminated by BriefBuilder in accordance with the provisions of these Terms, you will be responsible for downloading your data as exports and/or reports within thirty days.
• Thirty days after the termination of your subscription, we are entitled to delete your data.

Intellectual property

• The BriefBuilder application is the exclusive intellectual property of BriefBuilder B.V.
• Our intellectual property may not be used in connection with any product, application or platform without our prior written consent.
• You agree not to use the Application for the purpose of developing a competitive product. If we find that you are violating this term, we reserve the right to cancel your Subscription and suspend your access to the Application.

Personal information

• It is a prerequisite that you agree to our Privacy Policy and our GDPR compliant Data Processing Agreement (DPA) before use of the application. Both are available on our Product Website.

Security

• To prevent unauthorized access and safeguard your personal information and content, we have implemented commercially reasonable physical, technical and administrative control mechanisms. We use firewalls, encryption and hashing techniques, and authentication and authorization procedures to maintain security (confidentiality, integrity, availability) when you are using the application. Note, however, that no method of data transmission over the internet, or method of electronic storage, is 100% secure.

Liability

• We are not liable for any kind of financial loss on your side due to operational, power or network interruptions or any loss of data.
• Our total liability is limited to the fees paid by you during the 12 months period prior to the time when the damage(s) occurred.
• We are not liable for any Third-Party Application used in conjunction with the Application.
• We are not liable for damages unless you notify us in writing thereof no later than 90 days after you noticed or should have noticed, the actual damage or loss.

Availability

• Our aim is to make the Application available for at least 99,9% each month. However, limitations to the availability of the Application can happen due to factors that are beyond our influence. Insofar such limitations happen, this shall have no impact on the conformity of the Terms.
• You are obliged to notify any function outages, disruption or impairments of the application without delay and to provide information which is as precise as possible in this respect.

Warranty

• We warrant that BriefBuilder operates essentially in accordance with the functionalities as they are described in the Knowledge Base.
• This warranty does not apply if (a) problems are caused by accident or events BriefBuilder B.V. reasonably cannot influence, (b) and/or if the user’s IT systems or browser do not meet the minimum system requirements, (c) and/or BriefBuilder is temporarily not available due to a case of downtime or other interruption of the hosting.
• If there is a violation of our warranty, you have the right to cancel your subscription.

Subscription period

• The minimum subscription period for a Project Licence is three months.
• The minimum subscription period for a Company Licence is one year.
• The subscription period for a Project Licence is automatically extended every three months.
• The subscription period for a Company Licence is automatically extended for a year.
• For a Company Licence, you can change the chosen pricing category every three months. This must be requested by email, at least fourteen days in advance.

Termination

• Cancellation of your subscription must be done by email () and should be communicated at least thirty days before the end of the subscription period.
• We reserve the right to terminate your subscription if we sense or detect violations of these Terms, misuse, attempted misuse or good practice in general.

Prices

• Our prices and pricing categories are stated on the Product website or in the agreement you signed with BriefBuilder.
• All prices are in Euros and are exclusive of taxes (VAT or otherwise).
• BriefBuilder B.V. reserves the right to make changes to the prices at any time. We will notify you of any changes with two months’ notice. This is done via email or in-app notification.
• The updated prices will be posted at the Product website and become effective on the next business day after they are posted.
• If you don’t agree to the price changes, you can cancel your subscription no later than thirty days prior to the conclusion of your current payment term.

Payment

• Payment will be done by submission of an invoice.
• Payment shall be made in advance of the use period, i.e. monthly or yearly.
• Payments must be made within thirty days following the invoice date. If you fail to pay within that period, we reserve the right to charge commercial interest to the unpaid amount and/or to suspend your access to your environment until all outstanding payments have been made.
• Payments must be made in Euro’s. Additional costs for international money transfers are to be paid by the subscriber.

Support

• We offer an online knowledge base and tutorial videos that explain the essentials of BriefBuilder.
• In addition, we have a help desk that can be reached for technical questions and general questions about the workings of BriefBuilder during business hours (AMS GMT) in Dutch and English.
• Advice about implementation or the configuration of projects is not part of our support and can be acquired from the partners that are listed on our Product website.

Communication

• As stated in our Privacy Policy, you hereby accept that we are allowed to contact you via email to support you in the use of BriefBuilder and deliver news about the application.
• We reserve the right to you use your company name and logo in our list of references on the Product website and in other promotional materials.

Transferability

• These Terms and the rights which you obtain through them are personal to you and may not be transferred, assigned or delegated to others. Any attempt to assign or transfer these Terms or any rights hereunder shall be deemed invalid.

Governing Law

• These Terms and your use of the Application and the Websites are governed by Dutch law.

Disputes

• Any legal dispute, controversy or claim that is related to the use of BriefBuilder is to be submitted to the relevant judicial authorities in Rotterdam, the Netherlands.