Tooli is a joint conversational AI tool developed by Buildwise and its Partners, made available to Buildwise, Partners, members and collaborators.The platform aims to promote innovation, research and digitalisation in the construction sector in Belgium. It enables Users to access an automated discussion environment, designed to facilitate the search for technical and administrative information.The use of Tooli implies full and complete acceptance of these T&Cs, accessible at all times in the footer of the site.By accessing Tooli, the User acknowledges having read these terms and conditions of use (hereinafter, the “T&Cs”) and accepts them without reservation. These T&Cs exclude all other general conditions and supersede them.Buildwise and its Partners reserve the right to amend the T&Cs at any time, without prior notification. The amendments shall enter into force upon their publication online.Any additional rules and codes of conduct shall be deemed to form an integral part of the T&Cs. The User is therefore advised to refer regularly to the latest version of these terms, accessible at all times in the footer of Tooli.
Tooli: or “Chatbot”: joint conversational AI tool developed by Buildwise and Partners made available to members and partners of Buildwise, Embuild, Bouwunie and Constructiv, as a single entry point. Within this environment, Tooli may activate Partner AI Modules according to the User’s queries and access rights. It aims to support innovation, research and digitalisation in the construction sector in Belgium;User: any natural person who consults Tooli or who makes use of the functionalities, in particular by up- or downloading files thereto;Buildwise: Platform administrator, with its registered office at Kleine Kloosterstraat 23, 1932 Zaventem, registered with Banque-Carrefour des Entreprises (Belgian Crossroads Bank for Enterprises) under number 0407.695.057, duly represented by Pieter Van Geite as its Director;The Parties: Buildwise, Partners and the User are hereinafter referred to as “the Parties”;Partners: Embuild, Bouwunie and Constructiv, beneficiaries of the exclusive licence granted to Buildwise.Partner AI Module: any AI tool or service provided by a Partner and made activatable within the Tooli environment under the Tooli Promise Mode, including EMMA (Embuild’s digital assistant), the Constructiv Risk Analyser, and NEXO (Buildwise’s technical documentation tool). Each Partner AI Module is identified in Annex 1 to these T&Cs. When activated within Tooli, a Partner AI Module operates exclusively under the Tooli Promise mode and these T&Cs, and not under the Partner’s own standalone terms and conditions. The same tools used outside the Tooli environment remain subject to the Partner’s own documentation;Tooli Promise: the set of 10 principles applicable to all processing carried out within the Tooli environment, including when a Partner AI Module is activated. These principles are set out in Annex 2 to these T&Cs. Compliance with the Tooli Promise is guaranteed for all AI Modules activated within Tooli;Tooli Promise Mode: the operating regime under which a Partner AI Module functions when activated within Tooli. In Tooli Promise Mode, the module operates under these T&Cs and the Tooli Promise, and not under the Partner’s own standalone terms and conditions applicable to the same tool used outside Tooli. The module may operate in a more limited manner than when used directly, in accordance with the constraints imposed by the Tooli Promise.The terms “Data Controller”, “Processor”, “Personal Data”, “processing”, “Data Subject”, as well as any other term relating to data protection, have the meaning attributed to them by Regulation (EU) 2016/679 of 27 April 2016 (GDPR).
Tooli is accessible to Buildwise, Partners, members, or collaborators.When creating an account, the User undertakes to provide accurate and up-to-date information. Buildwise and Partners reserve the right to suspend or refuse any access in case of inaccuracy or breach.Where applicable, the User undertakes to preserve the confidentiality of their username and password and not to disclose them to third parties. The User remains solely responsible for any use of their account, even without their knowledge. In case of doubt as to the security of their password, the User must immediately change it or inform Wonka AI bv, Luikersteenweg 165, 3500 Hasselt, Belgium, BE 0800.787.953 in writing without delay at the email address support@meetwonka.be.The username and password are strictly personal to the User. The User is prohibited from sharing their access to Tooli with third parties.Access to Tooli may be temporarily interrupted for maintenance or improvement, without notice.Tooli is accessible from any device with a recent operating system and browser. Although the platform has been designed to be compatible with most common IT environments, Buildwise and Partners cannot guarantee optimal operation on all possible configurations and cannot be held liable in the event of total or partial impossibility of access to or use of the service, whatever the cause.The User is required to ensure the protection of their equipment and data by adopting all appropriate security measures, such as the installation of antivirus software, firewalls and tools to protect against malware.The User acknowledges that the functionalities offered via Tooli are subject to change. Certain functionalities may be modified, removed or replaced, without the User being able to invoke any right to maintain a specific functionality. Buildwise and Partners shall remain solely responsible for deciding on the appropriateness of adding, adapting or removing any functionality from the platform.Buildwise and Partners also reserve the right, at any time and for any reason whatsoever, to suspend, modify or interrupt temporarily or permanently access to all or part of Tooli, without any obligation to inform Users in advance.This right may in particular be exercised in the event of maintenance, updating or technical development of the platform.Buildwise and Partners may also suspend or restrict a User’s access where there are legitimate grounds to consider that they have breached these general terms and conditions or any applicable legal provision.
The User undertakes to use Tooli in accordance with the law, these T&Cs and the purpose of the platform.Except where Tooli enables access, through a specific tool or module, to technical, legal or other professional documents contained in a dedicated database or knowledge base, the User acknowledges that the responses generated by Tooli do not constitute legal, technical or professional advice. The User remains solely responsible for verifying the relevance of the information provided, for the decisions taken, and for any use made of the content generated or made available through Tooli.”.It is prohibited, in particular, in any manner whatsoever and whatever the technical means used, to attempt to access non-public areas of the system, to take any action which, at any time, could disrupt the Chatbot’s operation.It is furthermore prohibited, in particular, in any manner whatsoever and whatever the technical means used, to use any automated system or device, such as, without this list being exhaustive, robots, spiders, crawlers, “offline readers” or any similar tool, for the purpose of causing or contributing to denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, DrDoS or application DDoS), or for the purpose of generating or manipulating messages, requests or interactions on Tooli, or influencing exchanges with another User, including when responding to a request made via the platform.It is prohibited, in any manner whatsoever and whatever the technical means used, to upload, transmit or disseminate in any way any content contrary to the laws or regulations in force.The User is prohibited from infringing the intellectual or industrial property rights of third parties, and from uploading, transmitting or introducing any content containing viruses, malware, Trojans, harmful scripts or any other code, file or program designed to interrupt, damage, disrupt or limit the operation of Tooli, its software, servers, networks, systems or telecommunications facilities, without this list being exhaustive;It is equally prohibited to undertake any action likely to disrupt, hinder or limit other Users’ access to Tooli or the proper operation of the platform.
The User obtains only a right of access and personal use of Tooli. In this respect, they benefit from a non-exclusive, non-transferable, non-assignable user licence strictly limited to internal and non-commercial use. This licence is granted solely for the duration of the User’s access to the platform.Any commercial use of Tooli is strictly prohibited. “Commercial use” shall mean, without this list being exhaustive, any form of sale, rental, provision for payment or exploitation of the functionalities or content generated via Tooli.This prohibition does not prevent the User from using the Referenced Content via Partner AI modules in the normal course of their professional activities, subject to compliance with these Terms of Use and the rules applicable to said content.The User is strictly prohibited, and may in no circumstances authorise a third party, from making Tooli or any of its functionalities available to unauthorised third parties, in whole or in part, whether free of charge or for payment.The User is furthermore strictly prohibited, and may in no circumstances authorise a third party, from reproducing, copying, modifying, adapting, distributing or disseminating all or part of the platform or its content, as well as from creating derivative works based, in whole or in part, on elements accessible via Tooli.The User is equally prohibited from undertaking any form of reverse engineering, decompilation, disassembly or attempting to discover the source code of Tooli or its components, and may in no circumstances authorise a third party to do so.
The concept, layout, structure, source codes, programming elements, images, photographs, logos, designs, trade marks, models, slogans, as well as all other elements making up Tooli (hereinafter the “Protected Elements”) are and remain the exclusive property of their legitimate owner, in particular the developer of the platform and/or Buildwise/Partners, and are protected by applicable intellectual and/or industrial property rights (such as copyright, trade mark rights, sui generis database rights, etc.). The User expressly acknowledges and accepts these rights.By accessing Tooli, registering on it, connecting to it, up- or downloading content or using the platform in any manner whatsoever, the User acquires no proprietary rights or licence over the Protected Elements, other than the limited right of use provided for in these general terms and conditions. The Developer warrants that the elements made available to the User via Tooli do not infringe the rights of third parties and are not of an unlawful nature.
Buildwise and Partners attach particular importance to respect for privacy and the protection of Users’ Personal Data, in accordance with, in particular, (EU) Regulation 2016/679 of 27 April 2016 (“GDPR”).In this regard, the User is invited to consult Tooli’s Privacy Policy, which is available on the platform or via the official website, which describes the processing of their personal data in detail.Buildwise and its Partners act as joint controllers within the meaning of Article 26 GDPR for the processing carried out within the Tooli environment, including processing linked to the activation of Partner AI Modules. Buildwise acts as the primary point of contact for Users wishing to exercise their data protection rights in connection with any processing carried out within Tooli, including processing linked to activated Partner AI Modules. Where a request concerns processing carried out by a Partner, Buildwise shall forward it without delay to the relevant Partner. For processing carried out by Partners independently outside the Tooli environment, Users should contact the Partner directly in accordance with the Partner’s own privacy policy.Users have rights of access, rectification, objection and erasure of their data, which may be exercised via: gdpr@buildwise.be
Within the Tooli environment, Tooli may activate Partner AI Modules on behalf of Users, depending on the nature of their queries and their access rights. The Partner AI Modules currently available within Tooli are listed in Annex 1 to these T&Cs. The list of available Partner AI Modules may be updated from time to time in accordance with Section 13 of these T&Cs.By accepting these T&Cs, the User expressly acknowledges that the Tooli service may activate Partner AI Modules and accepts the conditions applicable to such activation as set out in these T&Cs and Annex 1. No additional acceptance of terms and conditions is required at the time of each individual activation. The User’s initial acceptance of these T&Cs covers all activations of Partner AI Modules listed in Annex 1.When activated within Tooli, each Partner AI Module operates in Tooli Promise Mode: it functions under these T&Cs and the Tooli Promise, and not under the Partner’s own standalone terms and conditions. In particular, the Partner AI Module may operate in a more limited manner than when used directly outside Tooli, in accordance with the constraints of the Tooli Promise. The same Partner AI Modules, when used directly outside the Tooli environment, remain exclusively subject to the Partner’s own documentation.Buildwise ensures compliance with the Tooli Promise by all Partners whose modules are activated within Tooli, by means of bilateral agreements concluded with each Partner. Each Partner remains responsible for the functional logic, content quality and governance of its own module.A Partner may, if deemed necessary, add specific conditions applicable to its module by means of a Partner Module Sheet appended to Annex 1. Such specific conditions are strictly limited to the standardised format set out in Annex 1 and may not derogate from the Tooli Promise, nor impose on the User any material additional obligations beyond those arising from these T&Cs. Any condition that would fall outside this framework requires a separate, specific acceptance by the User and may not be integrated into Annex 1.
A. BUILDWISE’S AND PARTNER’S LIABILITYBuildwise and Partners make Tooli available on a best-efforts basis. No guarantee of result is given and Buildwise and Partners cannot be held liable for loss, whether direct or indirect, resulting from access to, use of or inability to use the platform.Buildwise and Partners shall make reasonable efforts to ensure the availability of Tooli at all times, for a normal number of Users, but cannot be held liable for any direct or indirect damage relating to a modification, suspension or interruption of access to Tooli, for any reason whatsoever. Buildwise and Partners do not guarantee either the technical compatibility of the platform with the User’s equipment, or continuous or uninterrupted access to the content.The User undertakes to hold Buildwise and Partners harmless from any claim or damage resulting in particular from loss of opportunities, revenue or business linked to the use of or unavailability of the platform; the introduction of viruses or malicious code onto Tooli or its infrastructure; temporary saturation of bandwidth; an internet service interruption beyond Buildwise and Partners ‘s control.The User expressly acknowledges the limits and risks inherent in the use of the internet and online technologies; the risks of loss, alteration or interception of data during electronic transmissions; that Buildwise and Partners cannot be held liable for the consequences arising from these risks; that the technical logs and backups made by Buildwise and Partners may serve as evidence in the event of a dispute.Although Buildwise and Partners use reasonable efforts to keep Tooli free from bugs, viruses, Trojans or other malicious programs, the total absence of such risks cannot be guaranteed.Consequently, Buildwise and Partners cannot in any circumstances be held liable for damage or loss which may result therefrom, in particular with regard to the User’s data. It is therefore incumbent upon the User to implement their own protective measures (firewall, antivirus, security software, etc.) and to exercise caution when communicating personal information.Furthermore, Buildwise and Partners disclaim all liability as to the content generated by Tooli. No guarantee is given as to the accuracy, completeness or currency of the responses provided by the tool. The User remains solely responsible for decisions, actions or omissions taken on the basis of the information obtained, and Buildwise and Partners cannot be held liable for the consequences, whether direct or indirect, which may arise therefrom.B. USER’S LIABILITYThe use of Tooli, including consultation of the platform and up- or downloading of any content, is at the User’s sole risk, including with regard to third parties.Tooli is an assistance tool based on artificial intelligence. The responses provided are generated automatically on the basis of the information available and the queries made, without human contextual analysis. They in no way replace the User’s judgement, assessment or expertise. Except where Tooli enables access, through a specific tool or module, to technical, legal or other professional documents contained in a dedicated database or knowledge base. The User remains responsible for the content generated.Buildwise and Partners cannot be held liable, directly or indirectly, for any use, including inappropriate, erroneous or improper use of Tooli. The User acknowledges that they are solely responsible for the content that they enter via the platform and for the decisions that they make based on the responses generated.It is incumbent upon the User, where appropriate, to verify, supplement or have validated the results obtained, taking into account the limits inherent in any generative AI system, in particular the risk of error, omission or inaccuracy. Before any use, the User must familiarise themselves with the information relating to the operation of Tooli and follow the usage recommendations.
Buildwise and Partners implements technical and organisational measures designed to protect data and the integrity of the system.The User undertakes not to compromise the security of the Chatbot nor to attempt to alter its components.Any security incident must be reported immediately to: gdpr@buildwise.be
Buildwise and Partners reserves the right to suspend or exclude any User in the event of a breach, whether total or partial, of the obligations provided for by these T&Cs. This exclusion may be temporary or permanent, depending on the seriousness of the breach and at Buildwise and Partners’s sole discretion.
The possible nullity or invalidity of an article, paragraph or provision of these T&Cs (or part thereof) shall in no way affect the validity of the other provisions, nor of the remainder of the provision concerned, unless there is clear contrary intention.If a provision should be declared totally invalid, Buildwise and Partners shall replace it with a clause producing, to the extent possible, an economic effect equivalent to that originally sought.
These general terms and conditions of use are governed by Belgian law. The Parties undertake to amicably settle any potential dispute. In the event of a dispute relating to the validity, interpretation, performance or termination of these T&Cs, which cannot be settled amicably, the Parties agree to use a mediation process as a priority, prior to any legal action.In the event of disagreement on the choice of mediator, the mediator shall be appointed, at the request of the most diligent Party, by the President of the French-speaking Enterprise Court of Brussels, from among the approved mediators.Once the mediator has been appointed, the Parties shall determine, with their assistance, the practical arrangements for the mediation as well as the duration of the process. Each Party retains the right to terminate it at any time, without prejudice, it being understood that they undertake to at least take part in an initial mediation session. Unless otherwise agreed, the mediation costs shall be borne equally between the Parties.In the event of failure of the mediation, the courts of the judicial district of Brussels shall have sole jurisdiction to hear the dispute.
Buildwise and Partners may at any time modify, improve or temporarily interrupt Tooli.The T&Cs may also be adapted to reflect technical, legal or organisational changes.The changes are binding from the time of their publication on the site.
This Annex lists the Partner AI Modules currently activatable within Tooli and sets out the Partner Module Sheet for each. Each Partner Module Sheet is limited to the standardised format below. Specific conditions included in a Partner Module Sheet may not derogate from the Tooli Promise and may not impose material additional obligations on the User beyond these T&Cs.
Operator: EmbuildFunction: AI-powered legal assistant providing access to Embuild’s legal content and guidance for the construction sector.Applicable regime within Tooli: Tooli Promise Mode. These T&Cs apply. EMMA’s standalone terms and conditions do not apply when the module is activated within Tooli.EMMA used outside Tooli: Embuild’s own terms and conditions and privacy policy apply exclusively. Contact: privacy@embuild.be
Operator: ConstructivFunction: AI-powered risk analysis tool providing access to Constructiv’s content and guidance on workplace safety and risk management in the construction sector.Applicable regime within Tooli: Tooli Promise Mode. These T&Cs apply. Constructiv’s standalone terms and conditions do not apply when the module is activated within Tooli.Risk Analyser used outside Tooli: Constructiv’s own terms and conditions and privacy policy apply exclusively. Contact: [Constructiv contact to be completed]
Operator: BuildwiseFunction: AI-powered tool enabling users to access, search and retrieve information and documents from Buildwise’s own content and knowledge resources, including technical, regulatory and professional materials relevant to the construction sector.Applicable regime within Tooli: Tooli Promise Mode. These T&Cs apply. Buildwise’s standalone terms and conditions do not apply when NEXO is activated within Tooli.NEXO used outside Tooli: Buildwise’s own terms and conditions and privacy policy apply exclusively. Contact: Pieter.van.geite@buildwise.be
The Tooli Promise applies to all processing carried out within the Tooli environment, including when a Partner AI Module is activated. Buildwise guarantees compliance with these principles for all Partner AI Modules operating in Tooli Promise Mode. The 10 principles of the Tooli Promise are:AI compliant with GDPR and applicable regulations;No reuse of User data to train AI models;User data remains under the User’s control, and is not shared with other Users, partners or clients;Enhanced security measures;European hosting compliant with EU rules;The guarantee of a trusted actor;Confidentiality tailored to professional use;More reliable answers, with identified and verifiable sources;A professional tool that evolves with the construction sector;A professional assistant, not a replacement for qualified professional advice.
