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Terms and Conditions

AGDecider

These Terms of Use (the "Terms") govern all contractual relations between AGDecider and the Client. By using the Platform, You agree to be bound by these Terms, as well as by the Privacy Policy and, where applicable, the Data Processing Agreement (DPA).

Waso SRL operates the Platform under the commercial name AGDecider. The Platform provides features for the management of general assemblies, electronic voting, a co-owner portal, document archiving, and, where applicable, automated assistance.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

  • Platform refers to all software services, applications, APIs and associated devices operated under the name AGDecider.
  • Client refers to the contracting co-ownership (condominium association).
  • Syndic means the legal body of the co-ownership responsible for its representation in accordance with Book 3 of the Belgian Civil Code.
  • End User means any person authorised to access the Platform.
  • Data means all data, documents and content entered into the Platform.
  • Voting Device means the hardware enabling electronic voting.
  • AI refers to the automated assistance features integrated into the service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Waso SRL, operating under the commercial name AGDecider.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.

Scope and Acceptance

These Terms govern all contractual relations between AGDecider and the Client. The Client acknowledges acting in a professional capacity and warrants that it is authorised to represent the co-ownerships and end users concerned.

Use of the Platform constitutes full and unreserved acceptance of these Terms, as well as of the Privacy Policy and, where applicable, the Data Processing Agreement.

Client and Representation

The Client is the co-ownership, constituted in accordance with Book 3 of the Belgian Civil Code concerning forced co-ownership. The co-ownership is represented by its syndic, who declares that it acts within the limits of its legal powers and/or on the basis of a valid decision of the general assembly.

The syndic warrants that it has all necessary authorisations to validly bind the co-ownership under this contract. The contract is concluded in the name and on behalf of the co-ownership.

Purpose of the Contract

AGDecider grants the Client a right to use the Platform, in accordance with these Terms. The Platform is a technical tool for assisting in the management of general assemblies. It does not replace the legal obligations of the co-ownership or the decisions of its governing bodies.

Description of the Service

The Platform includes, in particular:

  • Management of general assemblies
  • Real-time electronic voting
  • IoT voting devices
  • Co-owner portal
  • Artificial-intelligence assistance features
  • Secure document storage

Access and Security

Access to the Platform is subject to the creation of user accounts.

The Client is responsible for:

  • The confidentiality of credentials
  • The allocation of access rights
  • Compliant use of the Platform

AGDecider implements appropriate technical and organisational measures in accordance with Article 32 of the General Data Protection Regulation.

Licence to Use

AGDecider grants the Client a licence that is:

  • Non-exclusive
  • Non-transferable
  • Limited to the duration of the contract
  • Strictly intended for internal professional use

Any reverse engineering, reproduction of the code, or unauthorised use is prohibited.

Data Protection

The co-ownership acts as the data controller within the meaning of the General Data Protection Regulation.

Data processing is carried out in accordance with Regulation (EU) 2016/679 (GDPR), and in particular:

  • Article 5: principles relating to processing (lawfulness, minimisation, accuracy, etc.)
  • Article 28: processors
  • Article 32: security of processing
  • Articles 33 and 34: notification of data breaches

AGDecider acts as a processor within the meaning of Article 28 of the GDPR where applicable. A data processing agreement is concluded where required.

Artificial Intelligence and Automation

Certain features may include automated assistance tools. Automated features are developed in accordance with Regulation (EU) 2024/1689 on Artificial Intelligence.

These tools:

  • Are technical aids
  • Do not replace the decisions of the co-ownership
  • Do not constitute legal advice

The Client remains solely responsible for the decisions taken.

Voting Devices

Where the solution includes voting devices:

  • Delivery, warranty, and replacement conditions are defined contractually
  • The Client is responsible for their safekeeping
  • They must be used in accordance with technical instructions

A distinction is made between:

  • Software malfunctions: the liability of AGDecider
  • Hardware failure due to misuse: the liability of the Client

Any misuse engages the Client's liability. AGDecider remains liable for technical malfunctions attributable to its infrastructure.

Financial Terms

Prices are expressed in euros, excluding taxes. Billing arrangements are defined contractually.

In the event of late payment:

  • Suspension is possible after formal notice has remained without effect
  • Default interest applies in accordance with the Belgian Act of 2 August 2002 on late payment in commercial transactions

AGDecider may amend its pricing with thirty (30) days' prior notice.

Duration and Termination

The duration of the contract is defined contractually. In the absence of termination within the agreed time, the contract may be tacitly renewed.

Upon termination:

  • Data may be exported within a reasonable time
  • Data is then securely deleted
  • Any sums due remain payable

Ownership of Data

Client Data remains the exclusive property of the Client. AGDecider has a limited right of use strictly necessary for the performance of the service. No transfer to third parties takes place. The Client may request an export of the data in a standard format.

Confidentiality

Each party undertakes to maintain the confidentiality of the information exchanged. This obligation remains in force for the duration of the contract and for a defined period after its end.

Liability

AGDecider is bound by a best-efforts obligation in performing this contract, in accordance with the principles of Belgian law of obligations, and in particular those relating to performance in good faith.

AGDecider may be held liable only for direct, proven damages resulting from a contractual breach attributable to its fault.

Within the limits permitted by law:

  • AGDecider's liability is limited to the total amount of fees actually paid by the Client during the twelve (12) months preceding the event giving rise to the damage
  • Indirect damages are expressly excluded, including loss of turnover, loss of business, loss of reputation, loss of data attributable to the Client or a third party, or any loss resulting from non-compliant use of the Platform

No provision of this contract excludes or limits AGDecider's liability in cases of wilful misconduct or gross negligence, nor in cases where such limitation would be prohibited by applicable law.

The Client alone remains responsible for:

  • Its use of the Platform
  • Decisions taken on the basis of the information provided
  • The compliance of the data it enters
  • The lawfulness of instructions given to end users

Electronic Evidence and Traceability

Electronic records generated by the Platform constitute admissible evidence in accordance with the principles of Book 8 of the Belgian Civil Code on evidence. The systems are designed to ensure the integrity and traceability of votes.

Intellectual Property

The Platform remains the exclusive property of AGDecider. No transfer of intellectual property rights is effected.

Evolution of the Service

AGDecider may develop the Platform in order to ensure:

  • Its technical improvement
  • Its regulatory compliance
  • Its security

Substantial modifications are notified to the Client.

Amendment of the Terms

AGDecider may adapt these Terms in order to ensure:

  • Legal compliance
  • Security
  • The technical evolution of the service

Any substantial modification is notified to the Client.

Force Majeure

Neither party may be held liable for total or partial failure to perform its obligations if such failure results from an event of force majeure as recognised under Belgian law — that is, an unforeseeable, irresistible event beyond the control of the parties.

The following are, in particular, considered cases of force majeure, without this list being exhaustive:

  • Natural disasters
  • Fires
  • Floods
  • Widespread infrastructure failures
  • Cyberattacks of exceptional scale
  • Decisions of public authorities preventing performance of the contract
  • Major interruptions of telecommunications services beyond AGDecider's control

In the event of force majeure, the obligations affected are suspended for the duration of the event.

Warranty and Absence of Result Obligation

The Platform is provided under a best-efforts obligation.

AGDecider does not warrant:

  • The total absence of interruptions or errors
  • The suitability of the Platform for specific needs not expressly agreed in writing
  • The compliance of content entered by the Client or users
  • The outcome of decisions taken by the co-ownership

The Client acknowledges that the Platform is a technical assistance tool and does not substitute for the decision-making bodies of the co-ownership or for applicable legal obligations.

Service Suspension

In cases of:

  • Non-payment
  • Serious breach of these Terms
  • Fraudulent use
  • Risk to the security of the system

AGDecider may temporarily suspend access to the Platform after reasonable prior notice, save in cases of emergency. Suspension does not constitute termination of the contract.

Changes to these Terms

We may update these Terms from time to time. We will notify You of any substantial changes by posting the new version on this page.

You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Contact Us

If you have any questions about these Terms, You can contact us via email at info@waso.io