01 Agreement to terms
These Terms of Service (the “Terms”) exclusively govern the relationship between you (“User”, “you”, or “your”) and Vertical Real Estate B.V., a private limited liability company incorporated under the laws of the Netherlands, with its registered office at Zanddwarsstraat 12, 1011 HP Amsterdam, registered with the Dutch Chamber of Commerce (KvK) under number 99566346 (“Company”, “we”, “us”, or “our”), trading under the brand name BrickPilot, governing your access to and use of the BrickPilot platform (the “Platform”), including any related services, websites, applications, and APIs (collectively, the “Services”).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you are expressly prohibited from using the Platform and must discontinue use immediately.
We reserve the right to modify these Terms at any time. We will notify you of material changes at least fourteen (14) days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree with updated Terms, you may terminate your account in accordance with clause 13.
02 Eligibility
By using the Platform, you affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
The Platform is intended for professional use by real-estate entrepreneurs, project managers, architects, and other construction and property industry professionals.
03 Platform services
BrickPilot provides an AI-powered project-lifecycle copilot for real estate and construction professionals. The Platform offers tools and services including, but not limited to:
- AI-assisted project planning, document analysis, and workflow automation for real estate development projects;
- integration with public data sources, including but not limited to the Kadaster, BAG (Basisregistratie Adressen en Gebouwen), DSO (Digitaal Stelsel Omgevingswet), and PDOK, to provide contextual project information;
- document generation, reporting, and compliance checking tools;
- collaboration features for project teams.
3.1 Public data disclaimer
The Platform retrieves and presents data from third-party public sources (including government registries and APIs). While we strive to present accurate and current information, we do not guarantee the accuracy, completeness, or timeliness of any data retrieved from external sources. Users should independently verify critical information before making decisions based on such data.
3.2 AI output disclaimer
The Platform uses artificial intelligence to generate outputs, suggestions, analyses, and recommendations. AI-generated outputs are provided for informational and assistance purposes only and do not constitute professional advice (including but not limited to legal, architectural, engineering, or financial advice). Users are solely responsible for reviewing, validating, and acting upon any AI-generated output.
3.3 Connected Google services
You may choose to connect a Google Workspace account to use Gmail features within BrickPilot. By doing so, you instruct BrickPilot to access and process only the Google Workspace data needed for the feature you request, as described in our Privacy Policy and on the Google OAuth consent screen. You can disconnect the integration in BrickPilot or revoke access through your Google Account at any time.
The Gmail integration can search and read relevant messages, create drafts, and change mailbox state at your request. The BrickPilot AI assistant creates drafts and does not send them automatically. If a separate mailbox action supports sending, BrickPilot will request an additional explicit confirmation before sending. You remain responsible for reviewing recipients and content and for complying with applicable communication, confidentiality, and anti-spam laws.
BrickPilot’s use and transfer of information received from Google APIs will comply with theGoogle API Services User Data Policy, including the Limited Use requirements.
04 Account registration
You may be required to create an account to access certain Services. You may register using your email address or through third-party authentication providers (including Google and Microsoft). You agree to provide accurate, current, and complete information and to keep your details updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must notify us immediately of any unauthorised use. We may suspend or terminate accounts that violate these Terms.
05 Payment, fees, and subscriptions
5.1 General payment terms
Certain Services require payment of fees as set out on our pricing page or as agreed in a separate order form or custom agreement. Payments are processed via our payment provider Mollie. By initiating a payment, you represent that your payment information is accurate and that you are authorised to use the selected payment method.
5.2 BrickPilot Subscription
BrickPilot Subscription renews automatically at the end of each billing period unless cancelled. To avoid renewal, you must cancel via your account settings no later than twenty-four (24) hours before the end of the current billing period. Subscription fees are non-refundable unless mandatory consumer protection law requires otherwise.
5.3 Custom agreements
Customers with a custom contract may be subject to separate commercial terms agreed in writing. In the event of a conflict between these Terms and an executed custom agreement, the custom agreement shall prevail.
06 Intellectual property rights
Company is the exclusive owner of all intellectual property rights in and relating to the Platform, including but not limited to software, source and object code, algorithms, AI models, user interfaces, graphics, logos, trade names, and technical infrastructure.
Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable licence for the duration of the agreement to access and use the Platform solely in accordance with these Terms.
You shall not copy, reproduce, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform, or exploit, resell, or distribute any part thereof without our explicit prior written consent.
6.1 Your data
You retain all rights to the data, documents, and materials you upload to or create through the Platform (“User Data”). By using the Platform, you grant us a limited, non-exclusive licence to process your User Data solely to the extent necessary to provide the Services you request and, except for Google Workspace Data, to improve the Services. We do not use Google Workspace Data, whether raw or derived, to develop, improve, or train generalised or non-personalised AI or machine-learning models, foundation models, or models for other customers. Google Workspace Data is processed only for the specific user-facing features you request and under the additional restrictions stated in our Privacy Policy.
07 Prohibited activities
You agree not to:
- use the Platform for any illegal activities or unauthorised purposes;
- circumvent, disable, or interfere with security-related features or technical restrictions of the Platform;
- upload, transmit, or introduce harmful software, malware, or malicious code;
- engage in activities that may harm, disrupt, overload, or impair the Platform, including data scraping, automated extraction, reverse engineering, or unauthorised access;
- use AI-generated outputs to create or distribute misleading, deceptive, or fraudulent content, including fabricated regulatory compliance documentation;
- resell, redistribute, or commercially exploit Platform outputs or Services without our prior written consent;
- use the Platform in a manner that violates applicable laws or regulations, including data protection, construction, planning, and environmental regulations;
- attempt to access another User’s account or data without authorisation.
08 Fair use and service limits
Use of the Platform is subject to fair use limitations as described on our pricing page. We reserve the right to impose or adjust usage limits, including API rate limits, storage limits, and concurrent user limits, to ensure Platform stability for all Users.
If your usage consistently exceeds fair use limits, we may contact you to discuss upgrading your plan. We reserve the right to throttle or restrict access in case of excessive use that materially impacts other Users.
09 Service availability
We aim to maintain high availability of the Platform but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where reasonably possible. We are not liable for downtime resulting from scheduled maintenance, force majeure events, or third-party service failures.
Customers with a custom contract may be subject to a separate Service Level Agreement (SLA) as agreed in writing.
10 Privacy
When you use the Platform, we collect and process certain personal data as described in ourPrivacy Policy.
If you upload personal data to the Platform in a professional capacity, we operate as a Data Processor and you as a Data Controller under the GDPR. The terms of this arrangement are set out in the Data Processing Agreement, available as a separate document.
11 Limitation of liability
To the maximum extent permitted by applicable law, Company is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- loss of profits, revenue, data, or business opportunities;
- damages resulting from inaccurate or incomplete information from third-party data sources;
- damages resulting from reliance on AI-generated outputs, analyses, or recommendations;
- damages from temporary unavailability, malfunctions, or suspension of the Platform;
- damages arising from events beyond our reasonable control (force majeure).
Where Company is liable, liability is limited to reasonably foreseeable direct damages and capped at the total fees paid by you in the three (3) months preceding the liability-causing event, subject to an aggregate maximum of EUR 10,000.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, or gross negligence.
Any liability claim against Company lapses twelve (12) months after you became or could reasonably have become aware of the damage.
12 Disclaimer of warranties and indemnification
The Platform and Services are provided on an “as is” and “as available” basis. Company disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement, to the maximum extent permitted by law.
Company makes no representations or warranties regarding:
- the accuracy, completeness, or currency of data from public sources (Kadaster, BAG, DSO, PDOK);
- the quality, accuracy, or suitability of AI-generated outputs for any particular purpose;
- the uninterrupted or error-free operation of the Platform.
You shall indemnify, defend, and hold harmless Company and its directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your use of the Platform, or any claim that your User Data infringes third-party rights.
13 Termination
We may suspend or terminate your access at any time if you breach these Terms or if we deem it necessary for security or legal reasons.
You may terminate your account at any time through your account settings or by contacting us at[email protected]. Upon termination, you must cease all use immediately.
Upon termination, we will retain your User Data for a period of thirty (30) days to allow you to export your data. After this period, your User Data will be deleted in accordance with our Privacy Policy and Data Processing Agreement, unless applicable law requires longer retention.
14 Miscellaneous
14.1 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid provision reflecting the original intent as closely as possible.
14.2 Entire agreement
These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Company regarding the Platform and Services, unless otherwise agreed in a separate written agreement.
14.3 Governing law
These Terms and any disputes arising out of or in connection with them are governed by the laws of the Netherlands. Nothing in these Terms affects your mandatory EU consumer rights where applicable.
14.4 Competent court
Any disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court of Amsterdam, the Netherlands. For EU consumers, this does not prejudice the jurisdiction of courts in the consumer’s country of residence.
14.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.
14.6 No waiver
The failure of Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company.
14.7 Notices
All notices, requests, and other communications under these Terms shall be sent by email. Notices to Company shall be sent to [email protected]. Notices to you shall be sent to the email address associated with your account. A notice is deemed received on the day it is sent, provided no delivery failure notification is received by the sender.
15 Contact us
For questions regarding these Terms, please contact us at:
Vertical Real Estate B.V. (trading as BrickPilot)
Zanddwarsstraat 12, 1011 HP Amsterdam
The Netherlands
KvK: 99566346
Email: [email protected]
By accessing or using the BrickPilot Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.