Terms and conditions

Definitions

• Protiva: Protiva B.V., established at Goudstraat 2, 2718 RC Zoetermeer, the Netherlands, registered with the Dutch Chamber of Commerce under number 42132675, the provider of the SaaS platform for property management of the same name.
• Customer: the organisation or person entering into an agreement with Protiva.
• User: a person with access to the platform on behalf of the Customer.
• Service / Platform: the online software and portals Protiva makes available.
• Agreement: the arrangement between Protiva and the Customer, of which these terms and the data processing agreement form part.

Applicability

These terms apply to all offers and to the agreement between Protiva and the Customer. Deviations apply only where agreed in writing. In the event of conflict, the agreement prevails over these terms, and the data processing agreement prevails as far as the processing of personal data is concerned.

Right of use

Protiva grants the Customer a non-exclusive, non-transferable right to use the platform for the duration of the agreement. The platform is delivered as a service (SaaS); the Customer receives no source code and installs nothing on-premise.

AI processing as part of the service

The platform processes Customer content with AI: reading and classifying documents that are uploaded, scanned or received by email, converting these into data (such as a property tax assessment or a purchase invoice), drafting contract and letter text, and the assistant that answers questions about the portfolio.

This processing is not an additional or optional feature but an essential part of the service: without it the platform cannot deliver its core functionality. The lawful basis is therefore the performance of this agreement and not the Customer's consent, and there is accordingly no separate way to switch it on or off. A Customer who does not want this processing cannot use the platform.

The processing is carried out by Amazon Web Services through Amazon Bedrock in region eu-central-1 (Frankfurt) as a sub-processor, within the European Economic Area. Content is not used to train AI models and is not shared with other customers. An outcome from the model is advice that the user reviews; there is no automated decision-making within the meaning of Article 22 GDPR.

The Customer's obligations

The Customer uses the platform carefully and lawfully. That means, among other things:

• Ensuring correct and secure use of accounts and login credentials.
• Being responsible for the accuracy of the data entered.
• Fulfilling its own role as controller for the personal data the Customer processes in the platform.
• Not misusing the service or endangering its availability.

Availability and maintenance

Protiva makes every effort to keep the platform highly available, but does not guarantee uninterrupted operation. Where possible we carry out maintenance with prior notice and outside peak hours, and we may continue to develop and change the functionality. Specific service levels are set out in the agreement.

Prices and payment

Prices and the invoicing cycle are set out in the agreement and on the pricing page. Invoices are paid within the agreed term. In the event of late payment, Protiva may charge statutory interest and (after a formal notice) reasonable collection costs, and may suspend access after notification. Prices may be indexed annually.

Intellectual property

All rights to the platform and the underlying software rest with Protiva or its licensors. The data the Customer enters (customer data) remains the property of the Customer; Protiva acquires no rights to it other than those needed to deliver the service.

Liability

Protiva is not liable for indirect damage, including consequential loss, lost profit and missed savings. Total liability is limited to the amount the Customer paid in the twelve months preceding the event causing the damage, except in cases of intent or wilful recklessness.

Calculations in the platform — such as WWS points, rent indexation, service charges and returns — are indicative and are no substitute for legal or tax advice.

Confidentiality

The parties treat confidential information received from one another as confidential and use it only for the performance of the agreement.

Data protection

In so far as Protiva processes personal data on behalf of the Customer, it does so as a processor. The data processing agreement forms an integral part of the agreement. See also our privacy statement.

Term, notice and termination

The agreement is entered into on a monthly basis and can be cancelled monthly, unless agreed otherwise. On cancellation the Customer retains access until the end of the paid period. Protiva may suspend or terminate the agreement in the event of a material breach that is not remedied within a reasonable period. After it ends the Customer can export its data; it is then deleted as described in the data processing agreement.

Changes to these terms

Protiva may amend these terms. Material changes are announced in advance; a Customer who does not agree may cancel the agreement with effect from the date the change takes effect.

Governing law and disputes

Dutch law applies to the agreement. Disputes are submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.