Terms of Service

Article 1. Definitions

1.1. The following terms shall have the meaning assigned to them below within the context of these Terms of Service, insofar as they are written with a capital letter in these Terms of Service:

1.1.1. Provider:

Bodries CommV (“Kundi”), with registered office at 2018 Antwerp, Schulstraat 22A/12 (Belgium) and company number 0791.577.804, which operates the Platform and provides the Services via the Website and the Platform.

1.1.2. Subscription plan:

a Service whereby the User, in return for payment of a periodic fee, gains access to specific features or Services on the Platform for a specified period.

1.1.3. Account:

the personal digital account that a User creates on the Platform, consisting of login and profile details, and which is required to use (part of) the Services.

1.1.4. Advertisement:

any Content posted by a User via the Platform relating to an available room or accommodation within a cohousing scheme, including the associated descriptions, photographs, features, terms and conditions, and other relevant information.

1.1.5. Article:

any individual provision or numbered section of these Terms of Service, regardless of whether reference is made to one or more clauses, paragraphs or sub-provisions thereof.

1.1.6. Content:

all information, data and materials posted, shared or exchanged by Users via the Platform, including text, profile information, photos, descriptions, preferences, Advertisements, messages and other content.

1.1.7. Contract Template:

digital content consisting of a standardised model document provided by the Provider, intended as a general template for contractual use in the context of cohousing, which does not constitute legal or professional advice and is not tailored to a User’s specific situation.

1.1.8. Services:

all services offered by the Provider via the Website and the Platform, including – but not limited to – the creation and management of Profiles, the publication and viewing of Advertisements, the search for co-housing opportunities, the Matching functionality, and the facilitation of communication between Users.

1.1.9. User:

any natural person who visits the Website and/or uses the Platform, whether or not by creating an Account.

1.1.10. Consumer User:

a User who visits the Website and/or uses the Platform for non-commercial purposes.

1.1.11. Terms of Service:

these Terms of Service conditions governing the use of the Website, the Platform, the Account and the Services, as they may be amended from time to time.

1.1.12. Matching functionality:

the functionality offered by the Provider via the Platform whereby Profiles and Advertisements are automatically compared on the basis of data and preferences entered by Users, with the aim of calculating and displaying informative matching and compatibility scores to assist in the search for cohousing opportunities, without this being binding or decisive.

1.1.13. Agreement:

the agreement entered into between the Provider and the User by creating an Account and/or by using the Platform and the Services, to which these Terms of Service apply and of which they form an integral part.

1.1.14. Platform:

the digital co-housing platform made available by the Provider via the Website, on which Users can create and view Profiles and Advertisements, and get in touch with one another.

1.1.15. Profile:

a User’s personal profile on the Platform, in which they provide information about themselves, their housing requirements and their preferences in relation to cohousing.

1.1.16. Website:

the website(s) and associated (mobile) applications managed by the Provider on which the Platform and the Services are accessible, including all underlying pages and functionalities.

Article 2. Contact

2.1. The Provider can be contacted via the following details:

Article 3. Applicability and acceptance

3.1. These Terms of Service apply to every visit to the Website, every use of the Platform and every use of the Services offered by the Provider. By visiting the Website, creating an Account, using the Platform or making use of the Services in any other manner, the User declares to have taken note of these Terms of Service and undertakes to comply with them.

3.2. The Terms of Service govern the legal relationship between the Provider and the User with respect to the use of the Website, the Platform, the Account and the Services.

3.3. The Provider is not a party to any agreements concluded between Users mutually, including lease, cohabitation or other arrangements in the context of cohousing. Such agreements are concluded exclusively between the Users concerned and fall entirely outside the liability of the Provider. Where Users make use of a Contract Template made available via the Platform when drafting or using such agreements, Article 11 applies.

3.4. The creation of an Account is only possible after the User has explicitly confirmed having taken note of and agreeing to these Terms of Service, as presented during the registration procedure. Confirmation of this acceptance is recorded electronically and retained with a date stamp by the Provider.

3.5. The Provider reserves the right to amend or supplement these Terms of Service at any time. Amended Terms of Service will be made available via the Website or the Platform. The Provider will notify the User of the amended Terms of Service in an appropriate manner. Continued use of the Platform after the coming into force of the amended Terms of Service constitutes acceptance thereof. It is therefore recommended to consult the Terms of Service on a regular basis.

Article 4. Informative explanation regarding cohousing

4.1. Cohousing may, depending on the specific situation, be subject to particular statutory and regulatory conditions. The sharing of living spaces is not permitted in all cases and requires that the housing unit concerned and its use comply with the applicable regulations. Without being exhaustive, the Provider draws Users’ attention to the fact that, among other things: individual dwellings must meet the minimum quality and floor area standards (as determined, for example, in the Flemish Housing Code (Vlaamse Codex Wonen)), the rental of housing units is subject to specific tenancy legislation (e.g. the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet)), sublease or making rooms available is generally only permitted with the consent of the principal landlord, and additional permits, notifications or conditions may apply depending on the nature of the cohousing project and local regulations.

4.2. This explanation is provided exclusively for general information purposes and cannot be regarded as legal, administrative or technical advice. The Provider does not guarantee that this information is complete, up to date or applicable to every individual situation.

4.3. The User acknowledges that the Provider exercises no control over compliance with these regulations and that the assessment of the legality and feasibility of a cohousing project falls entirely under the responsibility of the User and the parties concerned.

Article 5. Access to the Platform

5.1. The Website is freely accessible for informational purposes. Access to the Platform and to certain Services or functionalities is, however, reserved exclusively for Users who have created an Account. The Provider autonomously determines which parts of the Platform are accessible without an Account and which functionalities are only available after registration. Certain Services are subject to usage restrictions, such as the number of Listings that may be posted or promoted within a given period. These restrictions are communicated clearly in advance.

5.2. Access to the Platform is permitted exclusively to persons of legal age. By using the Platform and/or creating an Account, the User confirms that he or she has reached the age of 18. The Provider reserves the right to refuse, suspend or terminate access to the Platform if it appears that this age requirement has not been met. All consequences arising from failure to meet this age requirement are borne entirely by the User.

5.3. In order to use the Platform, the User must create a personal Account via the registration procedure provided for that purpose. Registration may be completed: by creating an Account with an email address and password; or via external authentication services (Single Sign-On), such as Google or Apple.

5.4. Upon registration, the User must provide correct, complete and up-to-date information as requested during the registration procedure. Each User may only create one personal Account, unless the Provider expressly permits otherwise.

5.5. Following conclusion of the Agreement and successful registration, the User gains access to the following free Services of the Platform:

• the creation, consultation and storage of Profiles and Listings;
• the publication and management of Listings;
• the use of the Matching Functionality;
• entering into contact with other Users via the Platform.

5.6. The Provider reserves the right to make certain Services, now or in the future, subject to a fee or to attach additional conditions to specific functionalities.

5.7. The Account is strictly personal, non-transferable and may not be shared with third parties. The password is personal and confidential. The User bears full responsibility for keeping his or her password and other authentication data confidential and for preventing third parties from gaining access to the Account. The User undertakes not to disclose his or her password or access data to third parties and to notify the Provider immediately if he or she suspects that the Account is being used without authorisation or that its security has been compromised. The password, as well as the login method, can be managed via ‘Account Settings’.

5.8. The Provider reserves the right to restrict access to the Platform or to certain Services temporarily or permanently, including for reasons of: technical maintenance or updates, security and prevention of misuse, compliance with legal obligations, breach of these Terms of Service. Such restrictions cannot give rise to any right to compensation at the expense of the Provider.

5.9. In order to use certain Services, the User must create a personal Account. In doing so, the User must provide correct, complete and up-to-date information as requested during the registration procedure. Each User may only create one personal Account, unless the Provider expressly permits otherwise. The Account is strictly personal, non-transferable and may not be shared with third parties.

Article 6. General obligations regarding the use of the Platform

6.1. The User may only use the Platform and the Services for purposes related to cohousing and in accordance with these Terms of Service and the applicable laws and regulations.

6.2. The use of the Platform is personal, reasonable and limited to what may normally and carefully be expected of a digital cohousing platform. The Platform may not be used in a manner that undermines its proper functioning, security or integrity.

6.3. The User is personally responsible for having a suitable technical environment in which to use the Platform, including appropriate hardware, software, a stable internet connection and an up-to-date, supported web browser. The correct functioning of the Platform presupposes the use of a modern and commonly used browser and a configuration that meets the system requirements as communicated from time to time by the Provider via the Platform or the Website. Problems originating in the User’s infrastructure, configuration or equipment fall outside the liability of the Provider.

6.4. The User undertakes to take appropriate security measures when using the Platform, including the careful management of login credentials, passwords and any access links or tokens.

6.5. The User may not perform any actions that undermine the security of the Platform, that may cause unauthorised access to systems or data, or that may affect the availability or performance of the Platform for other Users.

6.6. Damage arising as a result of careless handling of login credentials, access information or security measures shall be borne entirely and exclusively by the User.

6.7. The User is not permitted to use the Platform in a manner that places a disproportionate burden on the Provider’s infrastructure or that disrupts the normal functioning of the Platform for other Users. Without being exhaustive, the following shall be considered improper use:

• the execution of automated scripts, bots or other technologies that systematically or intensively burden the Platform;
• bulk actions, mass uploads or downloads, or the repeated execution of such actions without advance authorisation;
• attempts at hacking, testing security vulnerabilities or unauthorised access;
• the distribution of malware or other harmful software;
• the systematic extraction or copying of large quantities of data in breach of these Terms of Service;
• the use of the Platform with a view to circumventing the business model or revenue model of the Provider.

6.8. The User shall fully indemnify and hold harmless the Provider, its directors, employees, agents and providers of services from and against all claims, complaints, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Content posted by the User;
• a breach of these Terms of Service;
• an (alleged) infringement of the rights of third parties by the Content of the User.

This indemnification applies without prejudice to other rights or remedies available to the Provider.

6.9. If the Provider establishes that the Platform is being used in a manner contrary to this Article or that adversely affects the performance, security or stability of the Platform, it reserves the right to, in accordance with the provisions on reporting, enforcement and termination: temporarily restrict access to (parts of) the Platform, suspend specific functionalities, or suspend or terminate the User’s Account in accordance with Article 7.

These measures are without prejudice to the right of the Provider to, where applicable, take further enforcement or legal measures, or to claim additional compensation, in accordance with these Terms of Service.

Article 7. Duration, termination and suspension of the Agreement

7.1. The Agreement between the Provider and the User is concluded upon the creation of an Account and is entered into for an indefinite period, for as long as the User makes use of the Platform and the Services. The User may terminate the Agreement at any time by deleting their Account via the functionalities provided for that purpose on the Platform.

7.2. The termination results in the right to use the Platform and the Services lapsing immediately, Profiles, Listings and other visible Content being deactivated, without prejudice to the provisions on data processing and retention periods as included in the privacy statement. During the term of the Agreement, the User may, via the functionalities provided for that purpose on the Platform, download an export (in a structured format, such as JSON) of their data. This export relates exclusively to the data and content provided or posted by the User themselves, and does not include data of other Users, nor derived, enriched or Platform-generated data (such as analyses, scores or statistics). The export is made available via the available functionalities of the Platform and in the form determined by the Provider, without any guarantee of suitability for a specific use. After deletion of the Account, this export is no longer possible and the data will be permanently deleted, except to the extent that further retention is necessary to comply with legal obligations or for the purposes of legal defence.

7.3. The Provider reserves the right to unilaterally terminate the Agreement by means of an electronic or written notification to the User if the User commits a material breach of these Terms of Service that reasonably renders the continuation of the Agreement impossible.

Except in the case of serious, manifest or irreparable breaches justifying immediate termination, the Provider shall first afford the User the opportunity to remedy the established breach within a reasonable period.

7.4. Without being exhaustive, the following are considered material breaches, among others:

• the intentional provision of incorrect, misleading or fraudulent information;
• the posting of Content or Listings in breach of these Terms of Service or applicable legislation;
• the infringement of intellectual property rights or other rights of third parties;
• abuse of the Platform, including circumventing technical restrictions or security measures;
• use of the Platform in breach of Articles 6 and 9-13;
• failure to comply with measures imposed in the context of notifications and enforcement;
• use of the Platform for purposes incompatible with cohousing or the purpose of the Platform.

7.5. The following shall be considered serious, manifest or irreparable breaches, among others: fraud or deceit, serious or repeated infringements of the rights of third parties, illegal activities, or other conduct that may seriously harm the security, integrity or reputation of the Platform or of third parties. In such cases, the Provider may terminate the Agreement immediately, without prior formal notice or cure period.

7.6. The termination of the Agreement shall not affect rights or obligations which by their nature are intended to survive termination, including provisions regarding liability, indemnification, intellectual property and data processing, and shall not entitle the User to any compensation or reimbursement, except in the cases and under the conditions provided for in applicable mandatory legislation. Termination shall likewise not affect the right of the Provider, to the extent it can demonstrate the existence and extent of its loss, to claim compensation in connection with an attributable breach of these Terms of Service by the User.

7.7. The User shall have the right to terminate the Agreement if the Provider commits a demonstrable material breach that renders the continuation of the Agreement impossible and such breach is not remedied within a reasonable period following notification, without prejudice to the rights available to the User under mandatory law.

7.8. Without prejudice to the provisions on termination, the Provider reserves the right to temporarily suspend the performance of the Agreement in whole or in part where this is necessary for reasons of security, compliance, investigation of an (alleged) breach of these Terms of Service, or in order to comply with legal obligations. During the suspension, access to the Platform or to certain Services may be restricted in whole or in part. Suspension shall not affect the continued existence of the Agreement and shall not prejudice the right of the Provider to subsequently take enforcement or termination measures. The User may not claim any compensation in connection with a lawful suspension, except in the cases and under the conditions provided for in applicable legislation.

7.9. Subscription Plans are subject to additional provisions regarding duration, renewal and termination as set out in Article 12.

Article 8. Matching Functionality and compatibility scores

8.1. The Platform offers Users a Matching Functionality which aims to make cohousing opportunities more transparent and relevant by comparing Profiles and Listings on the basis of Content entered by Users. The Matching Functionality constitutes a supporting tool and has the sole purpose of assisting Users in discovering and evaluating possible cohousing options.

8.2. The Matching Functionality is based on a (partly) automated comparison of data voluntarily entered by Users via Profiles and questionnaires, including inter alia data relating to lifestyle, cohousing preferences, mutual preferences, budget, location, availability and characteristics of the dwelling and room. Information on the processing of these personal data can be consulted via https://kundi.be/privacy-policy.

8.3. In calculating compatibility scores, the Platform takes into account various categories of parameters. Not all parameters carry the same weight. Particular attention is paid to human and social compatibility, followed by essential practical conditions such as budget and location. Other factors, such as physical characteristics and administrative tenancy conditions, are taken into account on a supplementary basis.

8.4. The exact composition, weighting and method of calculation of the Matching Functionality may be adjusted by the Provider in accordance with the further development and optimisation of the Platform.

8.5. The generated matching and compatibility scores are purely informative and have no automatic, binding or decisive character. The Matching Functionality does not lead to the automatic exclusion or refusal of Users, does not determine in a binding manner who does or does not qualify for cohousing, and does not constitute an assessment of suitability or reliability.

8.6. Users retain at all times full freedom to, regardless of the scores displayed, consult Profiles, make contact and decide for themselves with whom they do or do not wish to take further steps.

8.7. The Provider does not act as intermediary, adviser or contracting party in cohousing arrangements between Users. The Provider does not guarantee that proposed matches effectively lead to cohousing, does not guarantee the accuracy, completeness or suitability of Profiles or Listings, and gives no warranty whatsoever with regard to the conduct, intentions or reliability of other Users.

8.8. Any decision to make contact, live together or enter into arrangements is made entirely at the Users’ own risk and responsibility.

8.9. The Provider delivers the Matching Functionality on the basis of a best-efforts obligation and cannot be held liable for the absence of suitable matches, incorrect expectations with regard to scores or recommendations, or decisions or actions taken by Users on the basis of the matching information.

8.10. Without prejudice to the provisions of mandatory law, the Provider is not liable for any damage arising from the use of the Matching Functionality.

8.11. The Provider reserves the right to modify, extend or restrict the Matching Functionality, its parameters or its presentation. The Provider may, depending on the settings of the Platform, inform Users about new or relevant cohousing opportunities on the basis of the matching functionality, for example via notifications or e-mail notifications related to the use of the Platform.

Article 9. Content

9.1. Users may post Content via the Platform, including inter alia Profiles, Listings, descriptions, photographs, messages and other information relating to cohousing. The User acknowledges and accepts that he or she is solely responsible for all Content posted, used, shared or modified via his or her Account on the Platform. The Provider acts exclusively as a technical intermediary and does not exercise any prior substantive control over Content posted by Users.

9.2. The User is at all times responsible for the accuracy, completeness, currency and relevance of all Content posted via the Account, Profiles or Listings on the Platform. If any Content is no longer accurate, complete, current or relevant, the User is obliged to correct, update or remove it without delay.

9.3. By posting Content via the Platform, the User grants the Provider a free, worldwide, non-exclusive, transferable, perpetual and sublicensable licence to use such Content to:

• host, store and process it;
• display, publish and make it available via the Platform;
• reproduce, distribute and communicate it to other Users;
• make technical adaptations to or format it to the extent necessary for the operation, improvement, security and presentation of the Platform.

This licence is granted exclusively for purposes related to the offering and improvement of the Platform and the Services and does not imply any transfer of ownership of the Content.

9.4. The User is prohibited from posting Content that:

• is unlawful or contrary to applicable laws and regulations;
• is racist, discriminatory, hateful, violent, sexist or offensive;
• contains political propaganda, extremist or incendiary content;
• is pornographic or explicitly sexual in nature;
• is misleading, deceptive or manifestly incorrect;
• infringes the rights of third parties, including but not limited to intellectual property rights, privacy or personal data rights, portrait rights or contractual rights;
• has no connection with cohousing or the normal use of the Platform in accordance with these Terms of Service.

9.5. The User declares and warrants that:

• he or she holds all necessary rights, permissions and authorisations to post the Content and to grant the licence referred to in Article 9.3;
• the posted Content does not infringe the rights of third parties, including in particular intellectual property rights as described in Article 13, but also any other possible rights;
• the Content is accurate, non-misleading and in good faith.

9.6. To the extent that the Content posted by the User includes photographs or other visual material, such visual material must meet the quality and usage requirements of the Platform. The User undertakes to post only photographs that:

• have sufficient resolution and image quality to clearly and accurately represent the property, room or cohousing situation being offered or sought;
• are sharp, well-lit and representative, and do not give a misleading impression of reality;
• contain no distracting elements, such as watermarks, excessive text, graphic overlays or filters that impede the readability or interpretation of the image;
• depict no recognisable persons without their prior consent;
• display no trademarks, logos or other distinctive signs of third parties in a visible manner;
• not be capable of harming the reputation, credibility or professional image of the Platform;
• contain no offensive, inappropriate or irrelevant content.

9.7. The User declares and warrants that he or she holds all necessary rights and permissions to use and publish the photographs or visual materials posted via the Platform, and that such use does not infringe any rights of third parties, including intellectual property rights, portrait rights or privacy and data protection rights.

9.8. Without prejudice to the other provisions of these Terms of Service, the Provider reserves the right to remove photographs or other visual materials or to restrict their visibility without prior notification, where such materials do not meet the quality or content requirements of the Platform, are contrary to these Terms of Service or applicable legislation, or may harm the reputation, security or proper functioning of the Platform. The exercise of this power does not imply prior checking of Content and does not affect the responsibility of the User for the Content posted by him or her.

9.9. The User remains at all times fully responsible for AI-generated Content posted via the Platform, regardless of whether such Content was generated in whole or in part by an automated system. The use of artificial intelligence tools does not release the User from his or her obligations under these Terms of Service. The User declares and warrants in particular that AI-generated Content: does not infringe intellectual property rights or other rights of third parties, is not misleading, inaccurate or deceptive, does not contain illegal, discriminatory, hateful, violent or otherwise inappropriate content, and does not contain personal data of third parties that may not lawfully be processed or published. The Provider is not responsible for the origin, accuracy or lawfulness of AI-generated Content and cannot be held liable for damages arising from the use or publication thereof by the User.

9.10. The User acknowledges that certain materials, such as images, texts or promotional materials originating from estate agencies or other professional parties, may be protected by intellectual property rights and may not be used without the required consent.

9.11. If the Provider becomes aware of Content that is contrary to this article, the Terms of Service or applicable legislation, it may, in accordance with Articles 7 and 21, take appropriate and proportionate measures, including the removal or restriction of Content and the suspension or termination of the Account of the User concerned.

Article 10. Listings

10.1. The Platform allows Users to post Listings regarding an available room or housing unit in the context of cohousing. A Listing has the sole purpose of informing other Users about an offered housing unit and does not constitute an offer, intermediation or commitment on the part of the Provider. The Provider is not a party to any agreement, arrangement or legal relationship established between Users inter se with regard to the housing unit, including rental, cohabitation or other cohousing arrangements. The Provider does not act as an estate agent, intermediary, agent or representative of any User and does not provide advice or warranties with regard to the conclusion, content or performance of such agreements.

Where Users make use of a Contract Template made available via the Platform when drafting or concluding such agreements, the Provider likewise remains no party to the agreement between the Users. The use of a Contract Template does not affect the Users’ own responsibility and is subject to the provisions of Article 11, which further describe the supporting nature, limitations and liability regime with regard to Contract Templates.

All business negotiations, decisions and arrangements with regard to cohousing take place exclusively under the own responsibility of the Users concerned.

10.2. Certain Listings may obtain additional visibility against payment. This promotion has no bearing on the substantive assessment of the Listing and does not constitute a recommendation by the Provider.

10.3. The User who posts a Listing declares that they are the owner of the immovable property, or that they hold a legally valid mandate or consent to make the room or housing unit available. By posting a Listing, the User declares and warrants that the cohousing or making available of a room offered is lawfully permitted at the relevant location, the housing unit and the intended use comply with the applicable laws and regulations, including Flemish housing and tenancy legislation, and that they hold the required rights, consents or mandates to offer the room or housing unit in the proposed form. The User acknowledges that the Provider exercises no control over compliance with these regulations and that the assessment of the lawfulness and feasibility of a cohousing project falls entirely under the responsibility of the User and the parties concerned.

10.4. Each Listing must comply with the provisions regarding Content as set out in Article 9 and the quality criteria and information requirements that other Users may reasonably expect when searching for cohousing.

10.5. The User who posts a Listing undertakes to describe the housing unit offered correctly, completely, clearly and transparently. A Listing must, to the extent relevant to the housing unit offered, contain correct and up-to-date information regarding, inter alia: the location of the dwelling or room (address or clear situation), the type of dwelling (e.g. apartment, house, studio), the number of occupants and the available capacity for cohousing, the surface area of the dwelling and of the room offered, the number of floors, bedrooms, bathrooms and kitchens, and whether these are shared or private, the year of construction and the general condition of the dwelling, the EPC rating, the presence of other spaces (e.g. storage, garden, bicycle storage), the available internet connection and internet speed, the social atmosphere and community style of the cohousing, the noise level and usage arrangements, the language or languages spoken within the cohousing, information about social activities, smoking and pets, whether the room is furnished, any gender or age preferences for the future roommate, the rental price, monthly costs and charges, the availability date and the intended duration of stay, whether registration of domicile is mandatory/permitted, and relevant information about the neighbourhood (e.g. public transport, schools, amenities).

10.6. It is not permitted to post Listings relating to:

• rooms or housing units that are already rented or no longer available;
• incorrect or fictitious addresses;
• non-rentable, uninhabitable or non-permitted spaces;
• housing units that may not lawfully be made available;
• misleading or incomplete information that may mislead other Users.

10.7. The User alone is responsible for the content, accuracy and lawfulness of the Listing, the management and updating thereof, and the timely deactivation or removal of the Listing once the room has been rented or is no longer available.

10.8. By posting a Listing, the User grants the Provider a free, perpetual, worldwide, non-exclusive, transferable and sublicensable licence to:

• host, store and process the Listing;
• reproduce and make the Listing available via the Platform;
• communicate the Listing to the public;
• make technical adaptations to or format the Listing to the extent necessary for the operation and presentation of the Platform.

This licence does not imply any transfer of ownership of the Listing.

10.9. The information included in a Listing may contain personal data. Such data are processed in accordance with the Provider’s privacy statement, as accessible via https://kundi.be/privacy-policy. The User acknowledges and accepts that the information included in a Listing may be publicly visible to other Users and visitors of the Website, within the limits of the functionalities of the Platform.

10.10. The User remains fully liable for the content of the Listings posted by him or her. The User shall fully indemnify and hold harmless the Provider, its directors, employees, agents and providers of services against all claims, complaints, damages, costs and expenses (including administrative costs, fees and procedural costs) brought by third parties and arising out of or in connection with the content of a Listing, an alleged or actual infringement of the rights of third parties, or the absence of a valid right or mandate to post the Listing.

10.11. Without prejudice to the User’s responsibility for the content of the Listing, the Provider reserves the right to, without prior notification, remove a Listing in whole or in part, restrict its visibility or deactivate it if:

• the Listing is contrary to these Terms of Service, including the provisions regarding Content and quality requirements;
• the Listing is in breach of applicable laws and regulations;
• the Listing contains incorrect, misleading, incomplete or outdated information;
• the Listing relates to a room or housing unit that has already been rented out, is no longer available or may not lawfully be made available;
• the Listing infringes or may infringe the rights of third parties, including intellectual property rights, portrait rights or privacy and data protection rights;
• the Listing may damage the reputation, credibility or proper functioning of the Platform;
• the Listing gives rise to complaints, reports or justified disputes by other Users or third parties.

The exercise of this power does not imply prior substantive checking of Listings and does not affect the liability and responsibilities of the User.

Where required by law, the Provider shall inform the User concerned of the measure taken and the reason therefor, in accordance with applicable regulations, including the Digital Services Act.

Article 11. Contract Templates

11.1. The Provider may make Contract Templates available via the Platform, whether or not against payment. Contract Templates are intended as general and standardised model documents for use in the context of cohousing and are offered exclusively in support of Users. Contract Templates do not constitute legal, administrative or professional advice, nor an assessment of the specific situation of a User.

11.2. In certain cases, Contract Templates may be composed in whole or in part on the basis of information provided by the User via a questionnaire, wizard or similar functionality. Such output remains, however, a standardised model document and does not constitute personalised legal advice.

11.3. Contract Templates are not personalised and do not take into account all possible factual, legal or regulatory particulars that may apply to a specific cohousing situation, location or legal relationship.

11.4. The Provider does not guarantee that a Contract Template: is suitable for the User’s intended purpose, is complete or adequate for a specific situation, or can be used without adaptation.

11.5. Where a Contract Template is generated on the basis of data entered by the User, the User acknowledges and accepts that:

• the quality, accuracy and usability of the generated document is directly dependent on the information provided by him or her;
• he or she will provide exclusively correct, complete and up-to-date data;
• the Provider does not exercise any control over the accuracy, completeness or consistency of such data;
• errors, inaccuracies or omissions in the information provided may give rise to defects in the generated document.

11.6. The User remains fully and exclusively responsible for: the choice of the Contract Template, the correct and complete completion of the document or the questionnaire or wizard, assessing whether the Contract Template is suitable for the specific situation, verifying the content of the document, testing the content against the applicable laws and regulations, and engaging additional legal advice, where appropriate. The Provider cannot be deemed to interpret, validate or legally qualify the information provided by the User.

11.7. The Provider endeavours to keep the Contract Templates reasonably up to date on the basis of the regulations as known at the time of making them available. The Provider does not, however, guarantee that a Contract Template is always fully up to date or adapted to subsequent legislative amendments, case law or policy changes. The User acknowledges that periodic review may be necessary.

11.8. To the extent that Contract Templates qualify as digital content within the meaning of the applicable consumer legislation, the statutory guarantee for digital content remains fully applicable to Consumer Users, in accordance with Article 17. This guarantee relates exclusively to the conformity of the digital content as such, including the availability, readability, downloadability and conformity with the description on the Platform, and does not extend to: the legal suitability of a Contract Template for a specific situation (given that the User must assess this themselves), the consequences of its use or application, and errors arising from incorrect or incomplete input by the User.

11.9. Save in the case of mandatory law, the Provider is not liable for: damage arising from the use or application of a Contract Template, decisions or actions taken by the User or third parties on the basis of a Contract Template, and disputes arising between parties using a Contract Template.

Article 12. Subscription Plans

12.1. The Provider may offer Subscription Plans (such as “Kundi +” and “Kundi Pro”), which grant the User access to certain functionalities or Services on the Platform in exchange for the payment of a periodic fee.

12.2. The specific content, functionalities, usage restrictions (such as the number of Listings or promotions) and the price of the Subscription Plan are clearly communicated prior to the conclusion of the subscription.

12.3. Subscription Plans are entered into for an indefinite period with a recurring billing period (for example monthly), as communicated prior to the moment of conclusion.

12.4. The User may terminate a subscription at any time via the functionalities provided for that purpose on the Platform. The termination takes effect at the end of the current billing period, unless expressly provided otherwise or in the event of early suspension or termination in accordance with the provisions of these Terms of Service.

12.5. Access to the Subscription Plan and the associated functionalities is conditional upon valid and timely payment. In the event of non-payment, partial payment or chargeback, the Provider reserves the right to restrict or suspend access to the relevant Services in whole or in part.

12.6. The Provider reserves the right to modify the content, functionalities or price of a Subscription Plan. Such modifications are communicated to the User in advance and take effect from the next billing period. The User has the right to terminate the subscription prior to the coming into force of such modifications.

12.7. To the extent that the subscription qualifies as a digital service within the meaning of applicable consumer protection legislation, the right of withdrawal may lapse once the performance of the Service has commenced, subject to compliance with the statutory conditions as provided in Article 16.

12.8. The Provider may modify, extend or terminate Subscription Plans, in compliance with applicable legislation and, where required, following prior notification to the User.

Article 13. Intellectual property rights

13.1. All intellectual property rights relating to the Platform, the Website and the Services, including but not limited to the structure, design, functionalities, software, source and object code, databases, texts, images, logos, signs and designations, belong to the Provider or are lawfully used by it on the basis of a licence.

13.2. The Platform and its components are protected by intellectual property rights, including copyright, the right of the producer of a database and, where applicable, trademark and trade name rights. Infringements of these rights may be prosecuted and sanctioned in accordance with applicable legislation.

13.3. Some names, logos, images or distinctive features appearing on the Platform or in Content may be protected as a trademark, trade name or other intellectual property right and belong to the Provider or to their respective owners or holders of a licence. Any use thereof is prohibited without the prior and express consent of the rightholder.

13.4. The User or any visitor to the Website or the Platform is not permitted to systematically consult, copy, extract, reuse or reproduce the Website or the Platform or (parts of) its content, whether or not by automated means.

13.5. In particular, automated or systematic reading, scraping, crawling, downloading or copying of the Website or the Platform, the databases or Content is expressly prohibited, regardless of the purpose, and including – but not limited to – use for: data extraction, the training, testing or improvement of artificial intelligence models or similar systems, and commercial, statistical or analytical purposes.

13.6. The Provider hereby expressly invokes its right to object to text and data mining as provided for under applicable legislation.

13.7. The Provider grants to the User, for the duration of the Agreement and with territorial limitation to the European Economic Area, a non-exclusive, non-transferable, non-sublicensable and at all times revocable licence to display and consult the Platform and the Content, solely for personal and non-commercial use, within the normal functionalities of the Platform, in compliance with these Terms of Service.

13.8. For strictly personal use, temporary or technical copies may be made to the extent necessary for the normal use of the Platform, with retention of all copyright notices and other intellectual property rights indications.

13.9. Any other form of use, such as (but not limited to) copying, reproducing, distributing, communicating, translating, adapting, processing, reusing or commercially exploiting the Platform or the Content, is expressly prohibited without the prior written consent of the rightholder.

13.10. Users remain fully responsible for the Content they post, upload or share via the Platform. The User warrants that he or she holds all necessary rights and permissions to use and publish such Content via the Platform.

13.11. The User expressly acknowledges that certain images, texts or materials, such as photographs or promotional materials from real estate agencies or other professional parties, may be protected by intellectual property rights and may not be used without the required consent of the rightholder.

13.12. The Provider is not responsible for and cannot be held liable for complaints, claims or damages arising from an alleged or actual infringement of intellectual property rights by a User. The User fully indemnifies the Provider against all claims by third parties arising therefrom, in accordance with the applicable legislation.

13.13. Without prejudice to other rights or remedies, the Provider reserves the right, in the event of suspected or established infringements of intellectual property rights, to take all appropriate measures, including the removal or restriction of Content and the suspension or termination of Accounts, in accordance with these Terms of Service and the applicable regulations.

13.14. Without prejudice to the right of the Provider to take additional measures in accordance with these Terms of Service, each established infringement of this Article attributable to the User gives rise to the payment of a lump-sum compensation, without prior judicial intervention. This lump-sum compensation is set at EUR 5,000.00 per established infringement, without prejudice to the right of the Provider, if it demonstrates that the actual damage suffered is higher, to claim additional compensation. The Provider also reserves the right to invoke, in lieu of or in addition to the lump-sum compensation, all other legal remedies, including claiming the cessation of the infringement and taking enforcement measures as provided for in these Terms of Service. This penalty clause is intended to provide a pre-estimated compensation for damage caused by violations of intellectual property rights and does not affect the right of the competent court to, where required by law, reduce the compensation.

Article 14. Paid Services and payment terms

14.1. Which Services are subject to payment, as well as the applicable prices, payment modalities and any additional conditions, are always clearly communicated before the User purchases a Paid Service. The Provider reserves the right to make certain Services subject to payment, to introduce new Paid Services or functionalities, and to modify the nature, content or pricing structure of Paid Services, to the extent that this is done in compliance with the applicable legislation and, where required, following prior notification to the User.

14.2. The Provider may offer, among others (the list is non-exhaustive), the following Paid Services:

• one-off purchase of digital content, including Contract Templates;
• Subscription Plans for Consumer Users or professional Users (e.g. ‘Kundi +’ and ‘Kundi Pro’);
• paid functionalities such as the promotion of Listings.

The content, functionalities, usage restrictions (such as the number of permitted Listings) and prices of these Services are clearly communicated prior to purchase.

14.3. By clicking on the button labelled ‘order with obligation to pay’ or a similar indication, the User confirms that he or she is entering into a payment obligation. The agreement regarding the order of a Paid Service is deemed to have been concluded electronically at the moment the User clicks such a button, whereupon the Provider provides the User with an electronic confirmation of the order by means of a confirmation email.

14.4. Unless expressly provided otherwise, payments entitle the User solely to access to the relevant Paid Service and do not constitute a guarantee that cohousing, matches or agreements between Users will effectively come about.

14.5. Payments are processed via the payment methods made available by the Provider, with processing through an external payment provider (such as Mollie). Where applicable, additional or separate conditions may apply to specific Paid Services, which form an integral part of the Agreement between the Provider and the User. By using such payment methods, the User also accepts the applicable conditions of such third party. The Provider is not responsible for the operation, availability or security of these external payment methods, nor for delays in the processing or disbursement of funds caused by the payment provider.

14.6. In the event of non-payment, late payment or misuse of Paid Services, the Provider reserves the right to restrict, suspend or terminate access to the relevant Service and/or the Platform, without prejudice to any other rights or remedies available to it. The Provider also reserves the right to suspend or restrict access to Paid Services until the situation has been resolved, in the event of chargebacks or disputes regarding payments made via the payment methods used.

14.7. Complaints regarding invoices or payments must be communicated to the Provider in a reasoned manner within seven (7) calendar days of the invoice date or the date of receipt of the confirmation email by the User, via the contact details set out in Article 2, stating the date and number of the invoice or order. In the absence of a complaint within this period, the invoice shall be deemed to have been accepted.

14.8. Where the Consumer User fails to pay, a first reminder shall be sent free of charge after the expiry of the due date. The Provider reserves the right to charge a fee of max. EUR 7.50, plus the postage costs of the reminder, for additional reminders. However, from the calendar day following the day on which the Provider sent the first reminder, default interest shall be charged at a minimum of 10% on the invoice amount (incl. VAT), or at the applicable statutory interest rate for late payment in commercial transactions, if higher. In addition, a fixed compensation shall be charged, which shall not exceed:

• EUR 20.00 if the outstanding balance is less than or equal to EUR 150.00;
• EUR 30.00 plus 10% of the amount outstanding on the bracket between EUR 150.01 and EUR 500.00, if the outstanding balance is between EUR 150.01 and EUR 500.00;
• EUR 65.00 plus 5% of the amount outstanding on the bracket above EUR 500.00, if the outstanding balance exceeds EUR 500.00. An absolute maximum amount of EUR 2,000.00 also applies.

The provision in the preceding paragraph is reciprocal and also applies when the Provider owes something to the Consumer User.

14.9. With respect to the defaulting User who pursues an economic purpose on a durable basis and in that capacity concludes an agreement with the Provider, default interest shall be charged by operation of law and without formal notice from the expiry of the due date, at a minimum of 10% on the invoice amount (including VAT), or at the applicable statutory interest rate for late payment in commercial transactions, if higher. In addition, and without prejudice to the fixed compensation for recovery costs in accordance with the law on commercial transactions, a fixed compensation shall be charged equal to 10% of the invoice amount (including VAT) with a minimum of EUR 50.00, without prejudice to the Provider’s right to claim higher compensation if it can demonstrate such loss.

Article 15. Performance of the Services

15.1. The Provider delivers the Services via the Platform on the basis of a best-efforts obligation and shall use its best endeavours to ensure that the Platform and its functionalities operate correctly. This best-efforts obligation cannot under any circumstances be interpreted as an obligation of result, nor as a guarantee that the Platform will function without errors, will be available without interruption, or will fully meet the expectations or specific purposes of the User.

15.2. The Provider reserves the right at any time to add new functionalities, to modify, restrict or remove existing functionalities, and to implement updates, improvements, corrections or technical adaptations.

15.3. The User acknowledges that compatibility between versions is not guaranteed, that functionalities offered as test, beta or trial versions may be temporary or may disappear, that changes to the Platform do not give rise to any right to compensation, reimbursement or redress, save as required by mandatory statutory provisions.

15.4. The Provider gives no guarantee with respect to the availability or performance of external services or infrastructure on which the Platform relies, the correct operation of the Platform when used with outdated, unsupported or incorrectly configured devices, operating systems, browsers or networks, or the accuracy, completeness or reliability of information provided by Users.

15.5. The Provider is not responsible for disruptions, errors or limitations resulting from use contrary to these Terms of Service, acts or omissions of the User or third parties, or modifications or interventions carried out by third parties.

15.6. The Provider may wholly or partially outsource the performance of (parts of) the Services to subcontractors, suppliers or technology partners, without advance authorisation from the User.

Article 16. Right of withdrawal

16.1. The Agreement between the Provider and the Consumer User with respect to Paid Services is concluded as a distance contract via the Platform.

16.2. The Paid Services offered via the Platform consist of: digital services whose core performance consists of: the immediate publication, activation or making visible of Listings or other Content, and/or the immediate granting of access to specific platform functionalities, such as increased visibility or additional digital functionalities, and the provision of digital content, such as making downloadable Contract Templates or other digital documents available. These Services are performed entirely and immediately in digital form and are inextricably linked to the use of the Platform.

16.3. For the Paid Services offered via the Platform that qualify as digital services (such as the immediate publication, activation or making visible of Listings or other Content, the Subscription Plans, or the immediate granting of access to specific platform functionalities), as well as for Paid Services consisting of digital content (such as making downloadable Contract Templates available), the right of withdrawal lapses, given that the statutory conditions for exclusion have been met, as soon as: the performance or delivery commences (which occurs immediately after payment), given that the Consumer User has expressly requested the immediate performance of the digital service or the immediate delivery of the digital content, and the Consumer User has, prior to the conclusion of the Agreement, acknowledged that by virtue of this immediate performance or delivery he or she waives the right of withdrawal. Once the digital service has commenced (e.g. publication, activation or access) or the digital content has been delivered (e.g. download or making a template available), no refund is therefore possible.

16.4. The absence of a right of withdrawal does not affect the right of the Consumer User to voluntarily remove or deactivate a paid Listing or other paid Content via the Platform, or to cease use of digital content. Such removal or cessation occurs exclusively on the initiative of the Consumer User and has no effect on the obligation to pay, nor does it give rise to any right to a refund, partial refund or compensation, given that the Paid Service has already been performed.

16.5. For Users who use the Platform in the context of their professional or commercial activities, no right of withdrawal applies, regardless of the nature of the Service obtained (digital service, digital content or other service). In that case, the Agreement is binding from the moment of its conclusion, in accordance with the applicable contractual provisions.

Article 17. Warranty

17.1. This Article applies exclusively to Consumer Users who obtain Paid Services via the Platform that qualify as digital content or digital services. For Users who use the Platform in the context of their professional or commercial activities, the statutory warranty for digital content and digital services does not apply.

17.2. The Provider warrants to the Consumer User that the digital content and digital services delivered are in conformity with the Agreement, as required by law. The statutory warranty applies for a period of two (2) years from the delivery of the digital content or from the commencement of the digital service.

17.3. Digital content and digital services are in conformity when they correspond to the description, functionality and characteristics set out in the Agreement and displayed on the website or the Platform, are fit for the purpose for which digital content or digital services of the same type are normally used, and possess the quality and performance that the Consumer User may reasonably expect, having regard to the nature of the Service and the communications on the Platform.

17.4. The statutory warranty does not cover: shortcomings resulting from incorrect, incomplete or outdated information provided by the Consumer User, problems arising from incorrect or improper use of the Platform or the digital content, and limitations or shortcomings that are inherent to the nature and the informative or supportive character of the Services, as expressly described in these Terms of Service. These exclusions do not affect the mandatory statutory rights of the Consumer User.

17.5. The Consumer User who identifies a lack of conformity must report this to the Provider within a reasonable period after identification, via the contact details set out in Article 2, with a clear description of the identified defect.

17.6. In the event of an identified lack of conformity, the Consumer User is entitled, in accordance with applicable legislation, to: the free-of-charge bringing into conformity of the digital content or digital service, or, if this is impossible or disproportionate, a proportionate reduction in price or termination for breach of the Agreement in respect of the Service concerned. The specific remedy is determined having regard to the nature of the Service and the seriousness of the defect.

Article 18. Support and maintenance

18.1. Support by the Provider is provided on the basis of availability and best-efforts obligation. No guaranteed resolution time or availability of support applies. The Provider autonomously determines through which channels support may be requested, in which languages support is offered, and to what extent support is provided. Support may be requested, and information about support is made available, via info@kundi.be.

18.2. The Provider is not obliged to: fix bugs, errors or deviations, develop or adapt specific functionalities at the request of the User, provide support for outdated or unsupported systems, browsers or devices, investigate problems arising from incorrect use, configurations, integrations or modifications made by the User or third parties, or restore data that has been lost or damaged.

18.3. The Provider may carry out maintenance works on the Platform, with or without prior notification, including maintenance that may affect availability, performance, functionalities, data storage or logging.

18.4. Maintenance works do not give rise to any right to compensation, except as required by mandatory statutory provisions.

18.5. If a technical problem occurs, the User shall: consult the available documentation, help articles or instructions, or contact the Provider via the details stated in Article 2, and provide correct, complete and relevant information necessary to understand or reproduce the problem. If the User fails to comply with this duty of cooperation, the Provider is not obliged to provide further support. The Provider shall respond to the User’s report or request within a period of 14 calendar days, without however any guaranteed resolution time, availability or support applying, in accordance with Article 18.1.

18.6. Without prejudice to the foregoing, reports, complaints or notifications in the context of alleged violations of these Terms of Service, unlawful content or other enforcement matters shall be handled in accordance with Article 21 on reports and enforcement.

Article 19. Availability of the Platform

19.1. The Provider makes the Platform and the Services available as a best-efforts obligation and endeavours to keep the Platform available, secure and functional to the best of its ability.

19.2. The Provider cannot, however, guarantee that the Platform will function at all times without interruptions, failures, errors or delays. The availability of the Platform may be temporarily limited or interrupted, including as a result of:

• technical maintenance, updates or improvements;
• technical failures, bugs or compatibility issues;
• force majeure or external factors beyond the reasonable control of the Provider;
• security incidents, abuse prevention or emergency action;
• compliance with legal obligations or orders of competent authorities.

19.3. The Provider reserves the right to modify, temporarily suspend or permanently discontinue the Platform, (parts of) the Services or functionalities at any time, without this giving rise to any compensation, reimbursement or other indemnification at the expense of the Provider, to the extent permitted by law.

19.4. Without prejudice to mandatory statutory provisions, the Provider cannot be held liable for damage arising from the (temporary) unavailability, restriction or modification of the Platform or the Services.

Article 20. External links

20.1. The Platform may contain links to websites, applications or online services of third parties, or otherwise refer to external sources that are not managed or controlled by the Provider.

20.2. Such links are provided solely for the information or convenience of the User. The inclusion of a link does not constitute an endorsement, recommendation or guarantee by the Provider with respect to the content, operation, security, availability or reliability of these external websites or services.

20.3. The Provider exercises no control over the content of websites of third parties and is not responsible or liable for the content, accuracy or completeness of information on external websites, the privacy and data protection policy of third parties, the availability, security or correct operation of external websites or services, and damage or loss arising from the use of or reliance on such external websites or services.

20.4. The use of websites or services of third parties occurs entirely at the User’s own risk and responsibility and is subject to the terms and conditions and policies of those third parties.

Article 21. Notifications and enforcement

21.1. The Provider does not exercise any general or prior checking of Content posted by Users and is not obliged to actively monitor the Platform or the Content. Without prejudice to the foregoing, the Provider reserves the right to take action when it becomes aware, in any manner whatsoever, of content or conduct that may be contrary to these Terms of Service, the applicable legislation or the rights of third parties.

21.2. The Provider offers accessible and user-friendly mechanisms through which Users and third parties can report Content, Listings or conduct that they consider unlawful or contrary to these Terms of Service. Such reports may be made, inter alia, via: reporting functionalities on Listings or other Content on the Platform, reporting options within communication channels between Users (such as chat), or the contact details set out in these Terms of Service. Reports must be sufficiently substantiated and clear to enable an assessment to be made.

21.3. The Provider handles reports in a careful, objective and proportionate manner. It assesses whether, and to what extent, the reported Content or reported conduct is contrary to these Terms of Service or the applicable legislation. The Provider is not obliged to act on every report or to take specific measures, except to the extent required under applicable legislation.

21.4. If the Provider considers that a report is well-founded, or if it otherwise becomes aware of an (alleged) infringement, it may take appropriate and proportionate measures, including, inter alia:

• the removal of or restriction of the visibility of Content or Listings;
• the temporary restriction of access to (part of) the Platform;
• the suspension or termination of an Account in accordance with Article 7.

The choice of measure is made with due regard to the seriousness of the infringement, the circumstances of the case and the principle of proportionality.

21.5. The Platform may provide functionalities enabling Users to block other Users, thereby limiting further interaction. This blocking relates exclusively to the mutual interaction between Users and does not affect the power of the Provider to take enforcement action itself in accordance with this Article.

21.6. Where the Provider proceeds to remove Content, restrict visibility or suspend or terminate an Account, the User concerned shall, to the extent required by law, be informed of the nature of the measure and the reasons therefor.

21.7. Without prejudice to mandatory statutory provisions, the Provider cannot be held liable for Content posted by Users, nor for decisions made by Users on the basis of such Content. The Provider, acting as a hosting service, remains liable only within the limits of applicable law.

21.8. The fact that the Provider does not take measures against certain Content or certain conduct does not imply acceptance thereof and does not constitute a waiver of any right to take action at a later stage.

Article 22. Liability and force majeure

22.1. The Provider makes the Platform and the Services available as a best-efforts obligation. The Provider may only be held liable where there is gross fault, wilful misconduct or fraud attributable to it, and exclusively within the limits of applicable law.

22.2. Except in cases of gross fault, wilful intent or fraud, or to the extent that mandatory statutory provisions require otherwise, the liability of the Provider is in any event limited to compensation for damage that is the direct and immediate consequence of an established contractual breach on the part of the Provider.

22.3. To the extent that the Provider may be held liable, its liability is limited to the lower of the following amounts: the amount effectively paid out by its insurer, where applicable; or the amount paid by the User to the Provider in the twelve (12) months preceding the damaging event in the context of the use of the Platform. Where the User has made no payments, the liability of the Provider is limited to the minimum permitted by law. This limitation does not apply in cases of wilful intent, fraud or gross fault, nor to liability that cannot be excluded under mandatory law.

22.4. Except in cases of gross fault, wilful intent or fraud and without prejudice to mandatory law, the Provider is not liable for any indirect, incidental or consequential damage, including but not limited to: loss of income, turnover or profit, loss of an opportunity, damage to reputation, loss or damage to data, damage arising from decisions or actions taken by Users on the basis of information, matching results or Content made available via the Platform.

22.5. The Provider acts as a hosting service and online platform and is not responsible for Content, Listings or other information posted by Users. The Provider gives no warranty as to the accuracy, completeness, currency, usefulness or lawfulness of data or information provided by Users via the Platform. The Provider cannot be held liable for: the completeness, accuracy or currency of information provided by Users regarding cohousing, the fact that a specific cohousing situation brought about via the Platform may not comply with applicable laws and regulations, or any damage, sanction or dispute arising from Users’ failure to comply with statutory requirements. This provision applies without prejudice to Article 11 and does not affect mandatory statutory provisions.

22.6. The Provider is, to the extent permitted by law, not liable for damage arising directly or indirectly from the use of the Platform in breach of these Terms of Service, Users’ failure to comply with applicable laws and regulations, or agreements or arrangements concluded between Users mutually, without prejudice to the provisions of Article 11.

22.7. The User acknowledges and accepts that all functionalities, information and output of the Platform, including matching and compatibility scores, are intended solely as a supporting tool. Where Contract Templates are made available, this is done in accordance with Article 11. Decisions, interpretations and actions taken by Users on the basis of their use of the Platform are made exclusively under their own responsibility.

22.8. To the extent permitted by law, the non-contractual liability of the Provider is excluded for damage arising from or connected with the performance of the Agreement, with the exception of liability for damage to physical or mental integrity, damage caused by wilful misconduct, and liability arising from rules on unfair contractual terms.

22.9. The Provider cannot be held liable for the non-performance or late performance of its obligations where this is the result of force majeure. Force majeure means any unforeseeable event beyond the reasonable control of the Provider that renders the performance of (part of) the Agreement impossible or seriously impedes it, including but not limited to: technical failures or outages of IT, network or hosting infrastructure, cyber incidents, hacking, malware or data breaches, power outages, strikes, pandemics, natural disasters, national measures or orders of competent authorities. The Provider shall notify Users of such force majeure within a reasonable period after becoming aware of the existence of the force majeure situation and, where possible, of the expected consequences for the performance of the Agreement.

22.10. In the event of force majeure, the obligations of the Provider are suspended for the duration of the force majeure situation, without entitlement to compensation. Where a force majeure situation arises on the part of the User, the User shall notify the Provider thereof without delay.

22.11. Nothing in this Article is intended or has the effect of excluding or limiting the liability of the Provider in a manner that is contrary to mandatory statutory provisions, in particular with regard to consumer protection.

Article 23. Data Protection

23.1. With regard to the processing of personal data for the purposes of the performance of the Agreement by the Provider, the Provider shall act as data controller within the meaning of the European General Data Protection Regulation no. 2016/679 of 27 April 2016 and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, as amended or replaced from time to time.

23.2. Personal data shall only be processed in accordance with the privacy statement, which is available at https://kundi.be/privacy-policy.

23.3. In cases where the Provider acts as data processor with respect to certain processing activities of personal data, such processing shall be governed by a separate data processing agreement concluded between the Parties. If and to the extent that the cooperation between the Parties requires that, pursuant to applicable data protection legislation, a separate data protection agreement be drawn up, the Parties shall conclude such an agreement governing the relevant processing activities, in accordance with the statutory requirements.

23.4. For requests or questions relating to the processing of personal data of the User, the Provider may be contacted via the contact details set out in Article 2.

Article 24. Questions or Complaints

24.1. In the event of questions or complaints, Users are requested to contact the Provider in the first instance via the contact details set out in Article 2 with a view to obtaining a swift and amicable resolution.

Article 25. Governing Law and Competent Court

25.1. Belgian law shall apply to every Agreement, offer or advice, without prejudice to the right of Consumer Users who have their domicile outside Belgian territory to invoke provisions of mandatory law from their national legislation.

25.2. In the event of any dispute between the parties concerning the validity, interpretation, performance or extinction of these terms and the Agreements to which the terms apply, the parties shall first endeavour to resolve the dispute amicably by contacting each other, without prejudice to mandatory statutory provisions.

25.3. If the dispute cannot be resolved amicably, the dispute shall, at the choice of the claimant, be submitted to the competent courts of the registered office of the Provider, without prejudice to the right of the Consumer User to invoke the provisions of Article 624 of the Belgian Judicial Code, or similar provisions of the national legislation of the Consumer User domiciled outside Belgian territory.

Article 26. Final Provisions

26.1. The provisions of these Terms of Service are severable and if one or more of these provisions are declared invalid, this shall not affect the validity of the remaining provisions.

26.2. If a provision is declared excessively broad or void, the provision shall, notwithstanding that fact, be enforceable to the maximum extent permitted by law. If a provision is considered entirely invalid, the provision shall be replaced by a provision that most closely approximates the economic effect and the intention of the parties of the invalidated provision.

26.3. A party shall be deemed not to have waived any right or claim arising from this Agreement, nor any rights in respect of a breach by the other party, unless such waiver has been expressly recorded in writing. If a party, in accordance with the foregoing, waives a specific right or claim in respect of a breach or non-performance by the other party, such waiver shall not be construed as a waiver of any other right or claim under the Agreement, nor as a waiver in respect of any other breach or non-performance, even where strong similarities exist between the cases.

26.4. The User agrees that the Provider may assign the Agreement in whole or in part to an affiliated undertaking (within the meaning of Article 1:20 of the Companies and Associations Code) or in the context of a merger, demerger, acquisition or sale of its business or assets, without the consent of the User. Such assignment does not alter the rights and obligations of the User and does not give rise to any right of termination, suspension or other remedy. The User waives any objection to such assignment.

26.5. The Provider may prove any legal operation by means of copies, reproductions (such as photocopies, scans, microfilm), digital media, fax, telex or e-mail. A signed copy of the Agreement transmitted by e-mail as an exact copy (e.g. PDF or JPEG) shall constitute a valid and binding obligation of equal value to the original.

26.6. All provisions intended to remain in force after the termination or expiry of the Agreement shall retain their effect. This applies in particular to provisions concerning liability, non-solicitation, intellectual property, confidentiality and the processing of personal data.