Terms of Service

Document ID VADA-TOS-ENG · Version 1.0 · Effective 15 July 2026 · In force

Professional Responsibility Agreement — for licensed engineers using the vada bridge-design tool.

This agreement is between Bernage BV, Emile Zola laan 62, Schaarbeek, Belgium, VAT BE1032576282 (“Bernage”, “we”, “us”), which operates the vada tool, and you, the engineer who registers for and uses vada (“you”, “the Engineer”). By registering, accepting these terms, or generating any drawing, you agree to be bound by this agreement.

1. Definitions

• “vada” / “the Tool”: the online configurator that generates standardised stone-arch-bridge drawings and quantities from parameters you enter.
• “Drawings” / “Construction pack”: the dimensioned drawing set the Tool produces on your instruction and to which your name and certification number are applied.
• “The Standard”: the stone-arch-bridge design basis (SABA standard, derived from the Enabel manual) on which the Tool's parameters and tables are based.

2. Eligibility and your warranties

You represent and warrant, on registration and each time you generate a Drawing, that:

• you are a qualified engineer, currently registered with the competent professional authority in the jurisdiction where the bridge will be built, and entitled under that jurisdiction's law to take professional responsibility for such a design;
• you are covered by professional indemnity insurance appropriate to the work, or will not issue any Drawing for construction unless and until you do;
• the certification number and details you provide are true, current and your own;
• you will use the Tool only for projects and in jurisdictions where you are so qualified and entitled.

We may verify your credentials and may suspend or terminate your account if any warranty is or becomes untrue.

3. The Tool is a design aid

The Tool is a computational drawing aid based on the Standard. It applies standard tables and geometry to the parameters you enter; it does not exercise engineering judgment and does not perform site-specific verification. It is not a substitute for a qualified engineer's review and approval.

4. Your responsibilities

You are the engineer of record for every Drawing you generate. You are solely responsible for:

• reviewing each design and satisfying yourself that it is correct, appropriate and safe for the specific site and project;
• carrying out or procuring all site-specific verification the Tool does not perform — including hydrology and flood assessment, scour, geotechnical and foundation design, loading, and any applicable code checks;
• determining that the standard design is valid for the actual site conditions, or handling the project as a custom/engineering-check case;
• the deliberate act of approving each Drawing for construction (the on-screen approval you confirm before generation), and applying any seal or signature your jurisdiction requires.

5. Liability

You accept full professional responsibility and liability for each design you approve and for any structure built in accordance with your Drawings. To the maximum extent permitted by law, Bernage provides the Tool only and accepts no responsibility or liability for the design, the Drawings, or any constructed works, nor for any loss, damage or injury arising from them.

You agree to indemnify and hold Bernage harmless against any claim, loss, damage, cost or liability arising from your use of the Tool, the designs you approve, or the works built from your Drawings.

To the maximum extent permitted by law, Bernage's total aggregate liability to you under or in connection with this agreement is limited to the fees you have paid to Bernage in the three months preceding the claim, and Bernage is not liable for any indirect or consequential loss.

6. Warranties and disclaimers

The Tool is provided “as is” and “as available”. Bernage does not warrant that the Tool is error-free, fit for any particular purpose, or that its outputs are correct or complete for any given site. The Standard and tables are provided as a design basis to be applied by a qualified engineer exercising professional judgment.

7. Intellectual property and licence

Bernage grants you a non-exclusive, non-transferable licence to use the Tool for the term of this agreement. The Tool, its software, the Standard and all related intellectual property remain the property of Bernage. You may use the Drawings you generate for the project for which they were produced; you may not resell, redistribute or reverse-engineer the Tool.

8. Fees

Fees are as agreed with you separately. Nothing in a paying, free or pilot arrangement reduces your responsibilities or liability under sections 4 and 5.

9. Data protection

We process personal data as described in our Privacy Policy, including your account and project data, operational logs and any feedback you submit. You are responsible for any personal data of third parties (for example approver or client details) that you enter.

10. Confidentiality and feedback

Each party will keep the other's non-public information confidential. During the pilot/beta you may submit feedback; you grant Bernage the right to use that feedback to improve the Tool without obligation to you.

11. Term and termination

This agreement applies from your acceptance until terminated. Either party may terminate on 30 days' written notice; we may suspend or terminate immediately if you breach these terms or a warranty in section 2 becomes untrue. Sections 4, 5, 6, 7, 9 and 12 survive termination.

12. Governing law and jurisdiction

This agreement is governed by Belgian law. The courts of Brussels have exclusive jurisdiction, without prejudice to any mandatory professional-liability rules of the jurisdiction where the bridge is built.

13. Per-generation declaration

Each time you generate a Drawing you must confirm the following declaration, which forms part of this agreement:

“I am the holder of this account and a certified engineer currently registered with the competent professional authority in the jurisdiction where this bridge will be built. I have reviewed this design, and by generating these drawings I accept full professional responsibility and liability for the structure constructed in accordance with them. Vada provides the drawing-generation tool only and accepts no responsibility or liability for the design or the constructed works. I accept the ToS.”