Who are we?
Symplicy is a Belgian limited liability company that develops IT solutions for the legal profession and the general public.
Symplicy is a Belgian startup that aims to make the law more accessible, simple and understandable for everyone.
We are active in Belgium. We therefore respect the Belgian and European legislation.
We invite you to consult our legal notice for additional information about us.
What is the purpose of this contract?
The purpose of this Agreement is to define the contractual relationship between the Litigant (hereinafter referred to as “You”) and Symplicy (hereinafter referred to as “We”).
By browsing and/or using any of our Services i.e.:
- Symplicy’s website: www.symplicy.com.
- Symplicy’s application, hereinafter referred to as the “Software”.
What do these basic concepts mean?
In this Agreement, it is agreed that the following words or phrases, whether used in the singular or plural, shall have the following meaning:
“Lawyer Directory”: Database in the sense of the directive 96/9/CE on the legal protection of databases which is composed in particular of the following information: photos, surname, first name, schedule, Tags of competences, telephones, e-mail, fax, website, LinkedIn link, registered bar, pleaded court decision, training courses, languages spoken, the name of the Lawyer’s office, the Lawyer’s bank account, etc. The information in the Lawyer Directory constitutes the Lawyer profile.
“Lawyer“: Any natural person (lawyer registered with a Belgian and/or foreign bar) or legal entity (law firm) wishing to use our Services and to be indexed in the Lawyer Directory.
“Case in point“: Database in the sense of the Directive 96/9/EC on the legal protection of databases, which consists of legal problems, legal requests, legal concerns, legal questions.
“Agreement” means this agreement between Symplicy (Us) and the Litigant (You). The name of the agreement is “Terms and Conditions of Use”.
“Documentation” means the Appendix to this Agreement that explains the features, operation and installation of the Software. This Appendix is available at doc.symplicy.com. This Appendix is an integral part of this Agreement.
“Personal Data”: Personal Data has the meaning given in the European and Council Regulation No. 2016/679 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC.
“Intellectual Property Rights” means all patents, designs (registered and unregistered), trademarks (registered and unregistered), copyrights, database rights, confidential information, domain names, trade secrets, present and future know-how and all applications of any of these rights and any equivalent rights of any kind existing in the world.
“Force Majeure”: Circumstances beyond the reasonable control of the Parties which cause a Party to be unable to observe or perform an obligation under the Contract. Such circumstances shall include but not be limited to the following events: acts of God, pandemics, epidemics, strikes, floods, storms, exploitations, fires and all acts of God and acts of war, acts of public enemies, acts of terrorism, riots, civil insurrections, wilful damage, sabotage and revolution.
“Form”: Interactive form to be completed by the Litigant and consisting of:
- A graphic interface protected by copyright.
- An original textual content composed of questions and pre-constructed answers, which can include several zones or fields. The Litigant can enter text, check boxes, make a choice from a list of predefined terms, press buttons, etc. The Form is used to prepare the first meeting between the Lawyer and the Litigant. There are two types of Forms:
- General Forms: These are forms created by Symplicy.
- The so-called “personalized” forms: These are forms created by the lawyer.
“Hosting“: Activity that consists of storing an Internet Site on the Web Server in order to make it available to the terminal (computer or mobile, for example) of any Litigant who requests it electronically.
“Hyperlink : Hypertext link or web link that allows the passage from one web page to another with a click.
“Indexing”: Operation which consists in making appear the URL address of an Internet Site in the data bases of search engines and directories.
“Litigant” means any natural person on whose behalf a Concrete Case is brought through the Interactive Form. In this Agreement, this means you.
“Software” means the computer program and all of its components, including Forms. Software means the entire contents of any disk, CD-ROM, DVD, e-mail and attachment, or other media provided with this Agreement, including the object code form of Software, provided on a data transport medium, via e-mail or downloaded from the Internet. Software also means any explanatory written material and other types of documentation related to the Software, including any description of the Software and its features, any description of the properties and operation of the Software, any description of the operating environment in which the Software is used, instructions for using or installing the Software, or any description of how to use the Software (“Documentation”). The Software is provided exclusively in the form of a script to Attorney. This script is provided with a UUID Key.
“Party: Means either you or us or both together.
“Referencing”: Operation that ensures that an Internet Site, or the pages that constitute it, are well ranked in the results of search tools (Search Engines) for keywords or a given expression. The goal of referencing is to increase the frequentation, the traffic of an Internet Site.
“Web Server” means a computer connected to the Internet on which Internet Sites are hosted.
“Service” means the services provided by Symplicy under this Agreement.
“Website”: A collection of web pages and resources linked by Hyperlinks, defined and accessible via a Domain Name. An Internet Site is hosted on a Web Server accessible via the global Internet network.
“Tag ” : Database in the sense of the directive 96/9/CE on the legal protection of databases comprising multiple tags which illustrate in a popularized way a field of competence of a Lawyer.
What are the features of our Services?
Symplicy website: www.symplicy.com
You can browse our Website, learn about our startup Symplicy and the Services it offers.
You can contact us by email or make an appointment.
Symplicy has developed a Software as a Service. The Software is not sold but licensed as a Service to the Lawyer who accepts it. Symplicy remains the owner of the Software and its components.
Our Software is implemented on the Lawyers’ Websites.
Our software allows you to get in touch with your lawyer. This contact is done by means of Forms.
Our software works as follows:
- The Litigant expresses with his own words his legal problem in a search bar.
- From the words expressed by the litigant, Symplicy tries to reformulate his legal need. The formulation corresponds to concrete cases in the Symplicy database. The Litigant selects and clicks on a case in the Symplicy database.
- A Form appears according to the selected Case. The Litigant answers this Form.
- As soon as the content is validated by the Litigant, the Form is automatically sent to the Lawyer’s email address.
- The Lawyer receives by e-mail the form filled in by the Litigant and the court decisions related to the Case selected by the Litigant. The sending of these court decisions to the lawyer’s e-mail address is a BETA version of the Service and is still under development.
Our Software remains at all times stored on Symplicy’s servers and/or on servers designated for such purposes by Symplicy.
Our Software is available in French and the Services are provided in French.
What are your obligations and responsibilities?
You are committed and obligated:
- To use our Services in accordance with this Agreement.
- Not to interfere with or disrupt the operation of our Services, to damage any or all of its elements, or to access it fraudulently.
- Not to copy, distribute, extract components or create derivative works based on the Software and databases.
- Not to use, modify, translate, reproduce or transfer the rights to use the Software or copies of the Software in any manner other than as provided in this Agreement.
- Not to sell, sublicense, lease or rent the Software or use the Software to provide commercial services.
- Not to reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software.
- Not to use the Lawyer’s Directory for commercial purposes and / or for canvassing purposes to sell services or products.
- Not to reuse, store, reproduce, represent or retain, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the content of our databases.
- Not to use any manual process, system or automated software to extract data from our Services, in particular with a view to displaying the data on another website (“framing”, “screen data capture”, “web scraping”).
- We reserve the right to bring any action or claim necessary to enforce this prohibition, including legal action, without prior notice.
When you fill out a Form and/or when you contact a Lawyer as a result of using our Services, you agree and are bound:
- To communicate correct, lawful, true and relevant information to a Lawyer.
- Not to communicate false, inaccurate, misleading, defamatory, libelous, unlawfully threatening, unlawfully harassing or obscene information to an Attorney.
- Not to transmit any promotional information to a Lawyer.
- To ensure the truthfulness and legality of all data communicated to the Lawyer via the Forms.
- To respect privacy, including the General Data Protection Regulation (nᵒ 2016/679).
You expressly confirm that the data (texts, images, drawings, videos, photos, software, databases) that you provide to the Lawyer via the Forms respect the rights of third parties and are not illegal. You expressly confirm that you have all the necessary Intellectual Property Rights and authorizations and that these software, works and inventions do not contain anything that could fall under the laws and regulations relating in particular to counterfeiting, unfair competition, privacy, protection of personal data, Intellectual Property Rights, image rights, personality rights and more generally, infringe the rights of third parties.
You are solely responsible for all content you transmit to the Lawyer via the Forms.
Therefore, we are not responsible and liable for any refunds that may result from your failure to use our Services.
The Form can in no way replace a physical meeting between a Lawyer and a Litigant.
What are our responsibilities?
You acknowledge and agree that:
- Our Services are only a meeting point between You and a Lawyer.
- We are a complete third party to any contractual relationship that existed, exists or will exist between you and a Lawyer.
- We manage an IT and software infrastructure that is made available to you. Consequently, we are neither agents nor representatives of the Lawyers nor of you.
- Our Services are provided on a best effort basis and not on a result basis.
- We cannot ensure or warrant that your use of our Services will meet your needs and circumstances.
- We do not exercise any degree of authority or control over the Lawyers listed on our Services.
- Under no circumstances can we be held responsible for the loss of a right or an opportunity resulting from a delay caused by a lack of reaction on the part of the Lawyer and/or you.
- Our Services are third party and not determinative of any agreement that may arise between you and a Lawyer.
- We shall not be liable for any damages resulting from disputes between you and a Lawyer, including, but not limited to, the scope, performance of the Lawyer’s duties, and payment of fees, arising out of the use of the Services.
- The transmission of content via a Form is done immediately and without us exercising any control or prior validation of the content sent. This measure has been taken in order to respect the confidentiality requirements imposed by the professional ethics and the professional secrecy of the Lawyer.
- As soon as the content is validated by the Litigant, it will automatically be sent to the lawyer’s e-mail address without us being obliged to exercise any control or any moderation, censorship or validation prior to sending it.
- The Form can in no way replace a physical meeting between a Lawyer and a Litigant. The Lawyer is personally responsible for checking his email and SPAM inbox regularly to avoid that a Case File remains without useful reaction. In no case, we cannot be held responsible for the loss of a right or an opportunity resulting from a delay caused by a lack of reaction from you and/or the Lawyer.
- We shall not be liable for any lack of information, erroneous, false, illegal, inaccurate or harassing information transmitted between a Litigant and the Lawyer via the Forms. We do not have direct access to the content of your request via the Forms, we cannot filter, censor, modify and control the information transmitted between the Litigant and the Lawyer.
- We will not be liable if you send content to the Lawyer via the Forms that infringes any Intellectual Property Right and/or Personal Data of a third party. We do not have direct access to the content of your request via the Forms, we cannot filter, censor, modify and control the information transmitted between the Litigant and the Lawyer.
- We cannot guarantee the regular registration of lawyers at a Belgian bar and the legality of the practice of the profession of lawyer.
- We do not guarantee that the servers hosting our Services will be free of viruses and other harmful components. It is therefore your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet. Any material, file downloaded and/or obtained in any way while using our Services is done so at your own risk.
- In the event of a security incident, Force Majeure, technical failure and in the event of maintenance altering the normal functioning of our Services, we undertake to the best of our ability to restore the continuity of the functioning of our Services. However, given the complexity of the technical chain implemented, we cannot guarantee full continuity of operation and access to the Services. The security incident, technical failure, Force Majeure and / or maintenance do not give right to any compensation or refund from us.
- We are not responsible for the total or partial non-fulfilment of an obligation and/or failure of the operators of the transport networks to the Internet world and in particular your access provider(s).
- Information on the Lawyer Directory may contain inaccuracies or errors, including but not limited to mailing addresses, email addresses, telephone numbers, jurisdictional tags, attorney fees. We do not warrant the accuracy, truthfulness, adequacy, completeness, legality, or timeliness of the Lawyer Directory and disclaim any liability for the information contained therein. We do not verify the truthfulness, completeness, relevance and legality of the content of the Lawyer Directory. Therefore, We are not responsible and liable for any damages, which may result from a lack of truthfulness, completeness, relevance and legality of such information. If a lawyer notifies us that there is an error in the Lawyer Directory, we will make every effort to correct such errors. We are bound by an obligation of means and not of result.
- We are not responsible for any material or information provided by or published by the Websites to which we post Hyperlinks, or which redirect to us. You visit such Websites at your own risk.
- We are not responsible for the content published on the Lawyer’s Website. We are not involved in the editing of such content. We have no control over the quality, safety or legality of the content published on the Lawyer’s Website. Symplicy does not act as a publisher of the content published through its Services on the Lawyer’s Website and Symplicy cannot control the truthfulness, accuracy, relevance or legality of such content.
What about our intellectual property?
All information, data and media, including but not limited to:
- The source code.
- The Software Documentation.
- The design, interfaces, designs, color schemes, architecture of the software and forms.
- Databases of Case Histories, Forms, Lawyer’s Directory, Tags, Court Decisions.
are protected by copyright, database rights, other Intellectual Property Rights and/or by this Agreement.
Any use and/or reproduction and/or communication to the public without our prior written consent is prohibited and constitutes a breach of this Agreement, and may infringe our Intellectual Property Rights.
We integrate into our Services API modules developed by third-party companies whose use is governed by licenses.
What about privacy, confidentiality and personal data protection rules?
What about changes to this Agreement?
We may unilaterally amend or terminate this Agreement, in whole or in part, for legal, technical or regulatory purposes, as we deem necessary or as a result of a change in the Services provided, the nature or format of our Services. You expressly agree to be bound by this Agreement as amended.
We reserve the right to modify, suspend or discontinue any aspect of the Services.
We may also limit or restrict your access to all or part of our Services, without notice or any other obligation, for technical or security reasons, to prevent unauthorized access, loss or destruction of data, or when we determine, in our sole discretion, that you are in violation of this Agreement, any Law or Regulation and when we decide to stop providing our Services.
By continuing to use our Services now or after changes have been posted, you signify your acceptance of those changes.
What about Hyperlinks to our Services?
You may not create Hyperlinks to our Services without our prior written consent.
What is the applicable law?
This Agreement shall be interpreted by and in accordance with the laws of Belgium.
What to do in case of a dispute?
In the event of a dispute between the Parties relating to the validity, interpretation or performance of this Agreement, which cannot be resolved amicably, the Parties shall first attempt to resolve such dispute by mediation. The Parties shall appoint a mediator from among the mediators approved by the Federal Mediation Commission in Belgium.
If the mediation does not allow to solve this dispute, the dispute will be brought exclusively before the courts of Liège, Namur division, materially competent.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be deemed to be unwritten, without affecting the validity of the remaining provisions.
The version of this Agreement is dated January 21, 2021.