General Terms and Conditions

1. Scope and Definitions

1.1. These Terms and Conditions apply to all offers, quotations, services, licences, deliveries and commercial transactions of Chapps NV, with registered office at Hoogstraat 152B, 1600 Sint-Pieters-Leeuw, Belgium (company number BE 0599.927.776), and operational office at Picardstraat 7 box 100, 1000 Brussels.

1.2. By placing an order, signing a quotation, registering an account or using the Chapps applications, the customer agrees to these Terms and Conditions.

1.3. Upon payment of the applicable fees, the customer obtains a personal, non-exclusive, non-transferable and non-sublicensable licence to use the Chapps applications in accordance with the agreed functionality.

1.4. The Software License Agreement and the Data Processing Agreement, available through the website or upon request, form an integral part of the agreement with Chapps together with these Terms and Conditions.

1.5. The customer confirms that they are acting as a professional customer (B2B) and therefore not as a consumer.

1.6. Downloads via the Apple App Store or Google Play Store may be subject to additional platform terms.

2. Term, Subscriptions and Termination

2.1. Licences and services are provided on a monthly or yearly basis unless otherwise agreed.

2.2. The subscription starts on the activation date and is automatically renewed for the same period unless terminated in due time.

2.3. Monthly subscriptions may be cancelled up to at least 15 days before the monthly renewal date. Access remains available until the end of the current month.

2.4. Annual subscriptions purchased through app stores follow the cancellation procedures of the respective platform.

2.5. Annual subscriptions purchased via quotation are automatically renewed for another 12-month period unless cancelled at least 3 months before the renewal date.

2.6. Upon termination, amounts paid for the current period will not be refunded.

2.7. Chapps may terminate the subscription in case of misuse, non-payment or breach of the conditions, after prior notice.

3. Rates, Price Adjustments and Additional Costs

3.1. Rates are listed on the website, in the software interface or in the quotation, excluding VAT.

3.2. Additional services such as configuration, installation, consultancy or custom development are charged separately.

3.3. Rates remain fixed during the current contract period.

3.4. Chapps may adjust prices for reasons such as inflation, changing market conditions or rising operational costs.

3.5. Customers will be notified of price changes at least 30 days in advance.

3.6. If a price change has a substantial impact (price increase of more than 10% or a change in the services), the customer may cancel the subscription free of charge before the effective date.

4. Invoicing and Payment

4.1. Invoices are payable within 14 days of the invoice date, unless another payment term is indicated on the invoice.

4.2. In case of late payment, the following amounts become due automatically:

• 1% late payment interest per month,
• 10% fixed compensation, with a minimum of €50 (or the equivalent amount in the customer’s usual billing currency).

4.3. Chapps may temporarily suspend access in case of payment default.

4.4. Invoice disputes must be reported in writing within 8 days of the invoice date.

5. Data Management, Retention Periods and GDPR

5.1. After termination of the subscription, customer data remains available for 30 days for export in a structured, commonly used format.

5.2. After 30 days, all customer data is permanently deleted unless legal retention obligations require otherwise.

5.3. Chapps processes personal data in accordance with the GDPR, the Data Processing Agreement and the Privacy Policy published on the website.

6. Intellectual Property

6.1. All intellectual property rights relating to the software, documentation, databases and other creations belong exclusively to Chapps.

6.2. The customer may not copy, modify, reverse engineer, decompile, distribute or sublicense the software outside the agreed usage.

7. Interruptions, Maintenance and Force Majeure

7.1. Chapps may temporarily interrupt services for maintenance or updates. Where possible, the customer will be notified in advance.

7.2. In case of force majeure, including network failures, cyberattacks, government actions or events beyond the control of Chapps, no liability can be accepted for interruptions.

8. Liability and Warranties

8.1. The software is provided “as is”. Chapps aims to ensure maximum reliability but cannot guarantee absolute error-free operation or uninterrupted availability unless otherwise specified in an SLA.

8.2. Chapps is not liable for indirect damages, consequential damages, loss of data, loss of profits or damages resulting from improper use.

8.3. The maximum liability of Chapps is limited to the amounts paid by the customer during the last 12 months.

9. Amendments to the Conditions

9.1. Chapps may amend these Terms and Conditions.

9.2. Non-substantial changes take effect immediately upon notification.

9.3. Substantial changes will be announced at least 30 days in advance.

9.4. The customer may terminate the agreement before the effective date of a substantial change.

10. Applicable Law and Jurisdiction

10.1. Belgian law applies.

10.2. Disputes fall under the exclusive jurisdiction of the courts of the judicial district of Halle-Vilvoorde, unless mandatory law provides otherwise.

11. Language and Priority

11.1. These Terms and Conditions may be made available in multiple languages. In case of discrepancies, the Dutch version prevails.