Terms and conditions
The agreement between Adios and the estate agents and property agencies that use Adios.
1. Definitions
- Adios: Digitalhands BV, Sint-Gommarusstraat 42/002, 2800 Mechelen, Belgium, company number BE0660733415, which offers the Adios service.
- Customer: the business that creates an account with Adios, usually an estate agent or property agency.
- User: a person who has access to Adios on behalf of the Customer.
- Service: the Adios web application and everything Adios provides with it, as described in article 3.
- Subscription: the Basis, Plus or Premium plan the Customer chooses.
- Advertising budget: the amount the Customer buys in advance to spend on ads.
- Meta: Meta Platforms Ireland Ltd and its affiliates, which operate Facebook and Instagram.
2. Scope
2.1 These terms apply to every use of the Service and to every agreement between Adios and the Customer. The Customer's general terms do not apply unless Adios accepts them in writing.
2.2 The Service is intended for businesses. The Customer confirms that it acts in the course of its professional activity.
2.3 Use of the Service is also subject to Meta's rules for advertisers, including the rules for housing ads. In case of conflict, Meta's rules prevail over what is possible in Adios.
3. The Service
3.1 With Adios, the Customer turns its properties into ads on Facebook and Instagram. Depending on the Subscription, the Service includes:
- automatically collecting properties and photos from the Customer's website;
- suggesting target municipalities based on migration figures;
- creating, publishing, monitoring and stopping carousel ads through Adios's ad account at Meta;
- testing and improving photos and texts;
- the features listed for each Subscription on adioshome.com and in the app.
3.2 With Basis, the ads appear on Adios's Facebook page and Instagram account, mentioning the Customer's agency. With Plus and Premium, they appear on the Customer's page and account, after a connection the Customer makes itself.
3.3 Adios may improve and change the Service. A feature that is expressly part of the Customer's Subscription will not be materially reduced during the current period unless the Customer can cancel with a refund of the unused part of that period.
3.4 Adios provides software. Adios is not an estate agent or an advertising agency and does not act as an intermediary between the Customer and prospective buyers or tenants.
4. Account
4.1 Creating an account is free. The first User becomes the agency's administrator and can invite other Users.
4.2 The Customer ensures that the details provided are correct, that Users keep their passwords secret and that only authorised persons get access. What happens through the Customer's accounts is the Customer's responsibility.
4.3 Adios may refuse a sign-up, for example if the Customer's website contains no property listings or if there are signs of misuse.
5. Subscription, term and cancellation
5.1 To publish ads, the Customer chooses a Subscription, monthly or yearly. The agreement for the Subscription starts on the day the Customer activates it.
5.2 A monthly subscription runs for one month at a time and renews automatically. A yearly subscription runs for twelve months and renews automatically for twelve months. With a yearly subscription the Customer pays 25% less than with a monthly subscription.
5.3 The Customer can cancel its Subscription at any time in the app's settings. The Subscription then continues until the end of the paid period and is not renewed. Paid periods are not refunded.
5.4 The Customer can switch to another plan at any time. The difference is settled pro rata.
5.5 Adios may terminate the agreement with one month's notice. Adios may suspend access or terminate the agreement immediately if the Customer seriously breaches these terms or Meta's rules, if an invoice remains unpaid after a reminder, or in the event of the Customer's bankruptcy or liquidation.
5.6 After the end of the agreement, Adios takes the running ads offline. The Customer can then have its account deleted. What happens to the data is described in the privacy policy.
6. Prices and payment
6.1 Subscription prices are shown on adioshome.com and in the app. All prices exclude VAT.
6.2 The Subscription is paid in advance, for each month or year, through Stripe by SEPA direct debit or credit card. The Customer receives an invoice for each payment by email and in the app.
6.3 Adios may change its prices. A new price only applies to the Customer from the next renewal, and Adios announces it by email at least thirty days in advance. The Customer may then cancel at the end of the current period.
6.4 An invoice that cannot be paid automatically is payable within fifteen days of the invoice date. In case of late payment, interest is due by operation of law and without notice of default under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a fixed compensation of 10% of the unpaid amount, with a minimum of €40.
6.5 The Customer must dispute an invoice in writing, with reasons, within fifteen days of the invoice date, at hello@adioshome.com.
7. Advertising budget
7.1 The Customer buys Advertising budget in advance, in an amount it chooses. On each purchase, Adios charges a transaction fee of 3% for payment by SEPA mandate and 5% for payment by credit card.
7.2 The Customer chooses a daily budget per ad. Adios sets a spending limit at Meta equal to the available Advertising budget, so no more is spent than the Customer bought. When the budget runs out, the ads stop by themselves.
7.3 What Meta charges for an ad is deducted from the Advertising budget. The Customer sees the spend per ad in the app. Because of how Meta works, actual daily spend may differ slightly from the daily budget.
7.4 Unused Advertising budget remains the Customer's. After the end of the agreement, Adios refunds the unused balance on request within thirty days. The transaction fee is not refunded.
8. Obligations of the Customer
The Customer:
- ensures that the information about its properties is correct and up to date, and that it is entitled to offer them;
- holds the necessary rights to the photos, texts and logos it has Adios use;
- uses no discriminatory, misleading or unlawful content and complies with Meta's rules;
- allows Adios to automatically read the page with its listings on its own website;
- does not use the Service to disrupt it, bypass security or obtain other customers' data, and does not copy or reverse engineer the software;
- provides its own internet connection and equipment.
The Customer indemnifies Adios against third-party claims arising from content the Customer supplies or from a breach of this article.
9. Obligations of Adios
9.1 Adios provides the Service with the care of a diligent professional and aims for high availability. Planned maintenance takes place outside office hours where possible.
9.2 Adios secures the Service and the Customer's data with appropriate technical and organisational measures and makes regular backups.
9.3 The Customer can contact hello@adioshome.com with questions and problems. Adios replies as soon as possible on working days.
10. Ads and results
10.1 Adios undertakes an obligation of means, not of result. Adios does not guarantee any number of impressions, clicks, leads or sales.
10.2 Meta decides itself whether to accept, show or reject an ad, and may change its rules and services. Adios is not liable for decisions, outages or changes at Meta, but helps the Customer adjust a rejected ad.
10.3 Adios takes an ad offline as soon as a property is shown as sold or let on the Customer's website. This happens automatically, shortly after Adios detects the change. Anything spent on the ad in the meantime is charged to the Advertising budget.
11. Intellectual property
11.1 The software, design, brand name and datasets of Adios remain the property of Adios or its licensors. For the term of the agreement, the Customer receives a non-exclusive, non-transferable right to use the Service.
11.2 The Customer's content, such as its properties, photos and logo, remains the Customer's. For the term of the agreement, the Customer grants Adios the right to use, adapt (for example crop) and publish that content for its ads.
11.3 The Customer may freely use the texts Adios creates for the Customer's ads.
12. Liability
12.1 Adios is only liable for direct damage resulting from a fault of Adios. Adios is not liable for indirect damage, such as lost profit, missed sales, reputational damage or loss of data the Customer could have kept itself.
12.2 Adios's liability per event and per year is limited to the amount the Customer paid for its Subscription in the twelve months before the event. Advertising budget and transaction fees are not included.
12.3 These limitations do not apply in case of fraud, wilful misconduct or gross negligence of Adios, nor to the extent the law does not allow them.
12.4 Adios is not liable for a failure caused by force majeure: circumstances Adios could not reasonably foresee or avoid, such as an outage at Meta or a hosting partner, a cyberattack, a network failure, fire, a pandemic or a government measure. If force majeure lasts longer than thirty days, either party may terminate the agreement without compensation.
13. Personal data
13.1 Adios is the controller of the data of the Customer and its Users. How Adios processes that data is described in the privacy policy.
13.2 If the content Adios collects from the Customer's website or that the Customer supplies contains personal data, Adios processes it as a processor on behalf of the Customer. Adios:
- processes that data only to provide the Service and in line with the Customer's instructions;
- ensures that anyone with access is bound to confidentiality;
- takes appropriate security measures and reports a data breach to the Customer without undue delay;
- only engages the sub-processors listed in the privacy policy, and notifies the Customer in advance of a new sub-processor so it can object;
- helps the Customer respond to requests from data subjects;
- deletes that data after the end of the agreement, unless the law requires it to be kept.
14. Confidentiality
Both parties keep confidential information they receive from each other secret, during the agreement and for two years afterwards. This does not apply to information that was already public, that a party lawfully received from a third party or that it developed itself.
15. Reference
Adios may mention the Customer's name and logo as a reference, unless the Customer indicates that it does not want this.
16. Changes to these terms
Adios may change these terms. Adios announces a material change by email at least thirty days in advance. If the Customer does not agree, it may cancel with effect from the date the change takes effect. If it continues to use the Service afterwards, the new version applies.
17. Final provisions
17.1 If a provision of these terms is void, the others remain in force. The parties replace the void provision with a valid one that comes as close to it as possible.
17.2 These terms may exist in several languages. In case of difference, the Dutch version prevails.
17.3 The agreement is governed by Belgian law. The parties first try to resolve a dispute amicably. If that fails, only the Enterprise Court of Antwerp, Mechelen division, has jurisdiction.