GENERAL TERMS AND CONDITIONS OF USE AND SALE (GTCUS)

Last updated: 13/02/2026


THESE GENERAL TERMS AND CONDITIONS (the “Terms”) constitute a legal and binding agreement between SmartBlock SRL, a duly incorporated company, having its registered office at Avenue des Petits Champs 63, 1410 Waterloo, registered with the BCE (hereinafter referred to as “SmartBlock”, the “Provider” or “We”), and you, or if you represent an employer or a client, then the employer or the client (hereinafter referred to as “You” or the “Client”), governing your use of the Market Explorer web application (https://app.smartblock.be), data analysis services and all other related services provided by SmartBlock (collectively, the “Services”).

SmartBlock reserves the right to amend or update these Terms at any time and at its sole discretion, by publishing them on its Website or by providing any other notice (including by email or in-app notification), if possible at least 30 days before they take effect. Your rights and obligations under these Terms will be subject to the most recent version published on the Website.

PLEASE READ THESE TERMS CAREFULLY. BY SUBSCRIBING TO OR ACCESSING OR USING THE APPLICATION OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED, WITHOUT RESERVATION, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT MADE UP OF THE FOLLOWING DOCUMENTS, LISTED IN ORDER OF PRIORITY:

  1. The specific commercial offer or the validated Order Form (if applicable);
  2. These General Terms and Conditions (GTU).

Article 1: Purpose

The purpose of this contract is to define the conditions under which the Provider grants the Client a right of access to and use of the “Market Explorer” Service, in consideration for payment of the subscription defined in the commercial offer.

Access to SmartBlock’s public showcase website is not governed by this contract.

Article 2: Term

2.1. Initial term

This contract is entered into for an initial term defined in the offer (monthly or annual).

2.2. Automatic renewal

It is automatically renewable by tacit renewal for successive periods of the same duration, unless terminated by one of the Parties.

2.3. Notice of non-renewal

Each Party may object to renewal by notifying the other Party in writing (email or via the account interface) with 7 calendar days’ notice before the end of the current period.

Article 3: Access conditions and account management

3.1. Licence to use

The Provider grants the Client a personal, non-exclusive, non-assignable and non-transferable right to use the Service, worldwide and for the term of the Contract.

3.2. Account uniqueness (1 user = 1 natural person)

Access to the Service is strictly individual. Each login (email/password) may be used by only one natural person. Sharing logins within a team or with third parties is strictly prohibited. The use of generic accounts (e.g. contact@agence.com shared by 3 employees) is prohibited.

3.3. Security and session validation

  • Email validation (MFA): To ensure secure access, each new login (session) requires validation via a unique temporary code sent to the user’s personal email address.
  • Single session: Simultaneous use of the same user account on multiple devices or browsers is not possible. Opening a new session automatically results in the immediate logout of any previous active session on another device.

3.4. Company scope (1 subscription = 1 VAT number)

User licences are strictly tied to the Client’s legal entity (defined by its VAT/BCE number). It is prohibited to share a subscription or access between several distinct legal entities, even if they belong to the same group or franchise network, unless there is a specific written agreement from the Provider.

3.5. Penalty

SmartBlock reserves the right to monitor simultaneous account usage (via IP addresses or sessions). Any finding of account sharing may result in immediate suspension of access without notice, in accordance with Article 9.

Article 4: Reasonable use, quotas and prohibition of “data dumping”

4.1. Nature of the service

The Client acknowledges that the Service is an analysis and decision-support tool, and not a database-building tool. The Client pays for a right to consult and analyse, and not for the acquisition of all or part of the Provider’s raw database.

4.2. Quotas and definition of a “search”

Within the framework of offers subject to a limitation on the number of monthly searches, usage is counted as follows:

  • Definition: A “Search” is counted when a new address is entered in connection with the selection of a main data layer (e.g. Residential, Commercial, Industrial, Land). Changing the data layer for the same address constitutes a new Search.
  • Exclusions: The following are not counted as new searches: applying or modifying filters within the same layer (e.g. changing from “apartment” to “house”), or modifying time criteria for the same address.
  • Overage: Occasional exceeding of the monthly quota does not result in automatic additional billing or immediate blocking of the Service. However, the Provider reserves the right to suspend access if the volume of searches exceeds a threshold of excessive use (determined at the Provider’s sole discretion). In the event of recurrent or structural overage, the Provider will contact the Client to regularise the situation via a suitable offer (Upgrade).

4.3. Export policy and fair use

Although the Service allows the export of certain data (via Excel, PDF and Word files), this feature is subject to a reasonable use (“Fair Use”) policy.

Is considered abusive and prohibited:

  • Massive, systematic or recurrent export of volumes of data disproportionate to normal analytical use or usual real-estate valuation needs. In particular, it is considered disproportionate to download data relating to multiple geographic locations and different property types, by systematically exporting the maximum possible number of results for each search.
  • The use of scripts, robots, scrapers, crawlers or any other automated tool to extract data from the Service.
  • Circumventing the technical limits imposed by the interface.

4.4. Detection and measures

SmartBlock uses abuse-detection systems based on the frequency and volume of requests. In the event of detection of behaviour akin to “Data Dumping” (data scraping), SmartBlock reserves the right to:

  1. Temporarily limit access speed or export functionalities.
  2. Suspend the Client’s account immediately and without refund, for material breach of the contract.

By way of indication, performing more than 10 exports within a period of less than 24 hours will be considered by the Provider as suspicious behaviour triggering a security check.

Article 5: Provider’s intellectual property

5.1. Ownership rights

SmartBlock remains the exclusive owner of all intellectual property rights relating to the Service, its interface, its source code, as well as the structure and content of its database (sui generis right of database producers).

5.2. Prohibitions

The Client is strictly prohibited from reproducing, copying, selling, reselling or commercially exploiting any part of the Service, or from attempting to reconstruct the Provider’s database via the information consulted.

Article 6: Client data, confidentiality and GDPR

6.1. Data imported by the client

As part of using the Service, the Client may be required to enrich the database via annotations on existing properties (price, area, condition, etc.) or to import purely real-estate data such as transaction or rent histories (hereinafter the “Client Data”), excluding any client file.

6.2. No personal data (PII)

The Client formally undertakes that the Client Data imported into the Service is purely technical or statistical in nature (e.g. address, m², price, property characteristics). The Client is strictly prohibited from importing Personal Data enabling the direct or indirect identification of natural persons (such as last names, first names, personal emails, telephone numbers of owners or tenants), unless such data has been anonymised beforehand.

6.3. Confidentiality and data segregation

Client Data is strictly confidential. SmartBlock guarantees that this data:

  • Is exclusively visible to users attached to the Client’s account (users of the same legal entity).
  • Is in no case shared with, accessible to, or visible to other clients of the Service.
  • Is neither sold, nor rented, nor disclosed to third parties by SmartBlock.

6.4. Ownership and deletion

The Client retains full intellectual and material ownership of the Client Data it imports. The Client may at any time delete all or part of its data directly via the Service interface. Upon simple request or upon termination of the contract, SmartBlock undertakes to permanently delete the Client Data from its servers, subject to statutory technical backups.

6.5. Client responsibility

The Client acts as Data Controller with respect to the data it imports. It guarantees to the Provider that it has collected this data lawfully. SmartBlock does not carry out any verification of the nature of the imported data and disclaims any liability in the event that unauthorised personal data is present in the Client’s files.

6.6. Data processing

If, however, for technical reasons, SmartBlock were required to process personal data on behalf of the Client, SmartBlock may propose, at the Client’s request, a Data Processing Agreement (DPA) compliant with Article 28 of the GDPR.

Article 7: Pricing and payment

7.1. Price and terms

The subscription price and terms are defined in the offer accepted by the Client.

7.2. Invoicing and late payment

Invoices are payable within 30 days of the invoice date. In the event of late payment, SmartBlock reserves the right to suspend access to the Service until full regularisation. Any delay will automatically result in the application of late-payment interest at the applicable statutory rate, as well as a fixed indemnity for collection costs.

Article 8: Liability and warranty

8.1. Best-efforts obligation

The Provider undertakes to use all reasonable means to ensure the availability of the Service. The Client acknowledges that the Service may be subject to temporary interruptions for maintenance.

8.2. Data accuracy

The real-estate data provided comes from various sources. Although SmartBlock endeavours to provide reliable data, the Provider does not guarantee the accuracy, completeness or perfect timeliness of the data. The Client uses this information at its sole responsibility and must carry out its own checks before any commercial or financial decision.

8.3. Limitation of liability

SmartBlock’s total liability under this contract may in no event exceed the total amount paid by the Client during the twelve (12) months preceding the event giving rise to the damage.

Article 9: Termination for cause and no refund

9.1. Termination for cause

In the event of a serious breach by one of the Parties of its obligations (in particular breach of Articles 3, 4 or 5), the other Party may terminate the contract as of right, without notice or prior formal demand.

9.2. Penalty clause

In the event of termination or suspension of the account by SmartBlock due to a breach by the Client of the rules of use (abusive account sharing, data dumping, attempted hacking), no refund of sums paid in advance (pro rata temporis) will be made. These sums will remain with SmartBlock as a penalty clause, without prejudice to any damages that SmartBlock may claim.

Article 10: Applicable law and jurisdiction

10.1. Applicable law

This contract is governed exclusively by Belgian law.

10.2. Competent jurisdiction

Any dispute relating to the formation, performance or interpretation of this contract shall fall within the exclusive jurisdiction of the courts of the judicial district of Brabant wallon (Nivelles).