The rules of the service.

• Schaduwplan — the trade name of the sole proprietorship (eenmanszaak, under Dutch law) that offers the 3D viewer and the reports at schaduwplan.nl. KvK 99118998, VAT ID NL005372731B91. The business address registered with the Chamber of Commerce can be retrieved via kvk.nl. See also the privacy statement.
• User — any natural or legal person who visits the 3D viewer or purchases a report.
• Consumer — a User acting for purposes outside their trade or profession. Mandatory consumer law applies to Consumers.
• Business user — a User acting in the exercise of their trade or profession (freelancers, agencies, companies, governments).
• 3D viewer — the web application at /app, free to use and without an account.
• Report — the paid PDF export of the sunlight analysis, including methodology and source attribution.
• Source data — the public Dutch datasets on which the analysis is based (including 3DBAG, BAG, Kadaster, PDOK, AHN).

These terms apply to every use of the 3D viewer and every purchase of a Report. Where provisions apply only to Consumers or only to Business users, this is stated explicitly.

For Business users: any general terms of the User (purchasing terms, industry terms) are expressly rejected. These terms may only be deviated from in writing.

For Consumers: nothing in these terms limits your mandatory rights under Dutch consumer law. If a provision conflicts with mandatory law, the rest of these terms remain in force.

Schaduwplan is intended for use by people aged 16 or over, in accordance with Article 8 GDPR and Dutch implementation practice. By using the service or creating a (future) account, you declare that you are 16 or over and authorised to accept these terms on your own behalf — or, for Business use, on behalf of your employer or principal.

Schaduwplan is expressly not aimed at children under 16. If we discover that we have unintentionally processed a minor's data, we will delete it without undue delay. Parents or guardians can submit such a request via [email protected].

Schaduwplan provides a web application that performs sun-position calculations based on open Dutch government sources. The service consists of two parts:

• The 3D viewer is always free to access, without registration. Availability and correct operation are not guaranteed; the viewer is meant for exploration and visualisation.
• The Report is a paid deliverable, subject to the guarantees, complaint period and liability provisions set out below.

On purchase of a Report you receive, within 24 hours by email, a PDF of typically 10 to 15 A4 pages, depending on the number of measurement points and standards assessed, containing:

• Cover page with address, date of issue, 3D render and report ID.
• Assumptions and methodology (formulas used, version numbers of the source data, chosen municipal standard).
• Before/after shadow diagrams on all TNO reference days that apply to your analysis (Light: 19 February, 21 June and 21 October; Strict: 21 January, 21 June and 22 November).
• Measurement-point table with current and future situation, plus TNO assessment per measurement point.
• Conclusions, disclaimer and full source attribution.

The Report is adjustable within 30 days of purchase: you can change scenarios and request a new version of the same Report at no extra cost. This iteration right lapses 30 days after the original purchase.

• Report: a one-off payment per report, in advance. Base price €29.95 (including 3 measurement points); €5 per additional measurement point. We announce price changes at least 14 days in advance on the website.
• Business: on a quotation basis; payment terms, SLA and liability are set out in a separate agreement.
• Payments run via Stripe. For Business users we issue a VAT invoice on request.
• In case of late payment by a Business user, the statutory commercial interest (Art. 6:119a Dutch Civil Code) is due, as well as the extrajudicial collection costs in accordance with the WIK.

The Report is digital content not supplied on a tangible medium. Under Article 6:230p(d) of the Dutch Civil Code, the statutory 14-day right of withdrawal lapses as soon as we begin delivering the Report with your express consent, and you have declared that you waive your right of withdrawal.

At checkout we explicitly ask you to confirm that you give Schaduwplan permission to start the analysis immediately, and that you agree your right of withdrawal lapses once the Report is delivered. Without this confirmation we do not start delivery.

This does not affect the separate report guarantee ("not satisfied, money back") — we offer that commercially, in addition to the statutory regime.

If, for any reason, you are not satisfied with your Report, let us know within 30 days of purchase. We adjust the Report (free iteration is standard), or we refund the full amount. No questions, no catches.

This guarantee applies to the Report. Business contracts are subject to the specific terms in the relevant agreement.

Schaduwplan only works as well as the data you enter yourself. You are responsible for:

• The accuracy, completeness and currency of all data you enter in the 3D viewer: address, planned buildings (dimensions, heights, placement), measurement points, roof extensions, additions and other surrounding objects.
• Choosing the correct municipal standard (TNO light, Hague standard, or a specific municipal standard). If in doubt: check the standard with your municipality (gemeente).
• Checking the delivered Report for visible inaccuracies within the complaint period.
• Assessing whether the Report is suitable for your specific situation. For complex proceedings (appeal, large-scale development, neighbour law (burenrecht) with a damages claim): engage a specialist.
• Complying with all statutory and contractual obligations relating to the use of the Report, including the rules on objection (bezwaar), permits and litigation.

Schaduwplan is not liable for the consequences of incorrect, incomplete or outdated user input, nor for the consequences of a wrong choice of standard by the User.

When using the 3D viewer or the Reports you commit to the following:

• you use the service only for lawful purposes and in accordance with these terms, applicable law and all relevant regulations (including, where applicable, professional rules and permit and litigation rules);
• you do not obtain unauthorised access to the service, systems or data of Schaduwplan or third parties;
• you do not carry out scraping, bulk extraction, automated reading or reverse engineering, and you do not circumvent technical restrictions;
• you do not use the service to cause denial of service, or to spread malware, viruses or harmful code;
• you do not use the output (Report, render, video) to mislead third parties, to falsify data, or to deliberately misinform a municipality, court or other authority;
• you do not use the service to build a competing offering, to train an AI model, or to aggregate the Source data via our system into a dataset of your own;
• you do not share access to paid features with third parties without a separate licence;
• you do not upload material to which you do not hold rights yourself or for which you do not have permission to process it (for example permit documents or building drawings of third parties), and no material that is unlawful, offensive, hateful or in breach of another's privacy.

In case of a breach, we have the right to restrict or terminate your access with immediate effect, to delete any data, and — in case of a serious or repeated breach — to claim damages. Where we are legally required to do so, we may provide relevant information to investigative or supervisory authorities.

The service (the 3D viewer, the Report and all derived functionality) is provided "as is" and "as available". To the extent permitted by mandatory law, Schaduwplan gives no express or implied warranty whatsoever, including — but not limited to —:

• warranties of freedom from error, uninterrupted availability, timeliness or completeness;
• warranties of fitness for a particular purpose (for example a specific judicial procedure, permit application or objection procedure);
• warranties of merchantability, non-infringement or conformity with a specific municipal standard or new version of the TNO standard;
• warranties that third-party Source data is current, complete or correct at the level of an individual parcel or building.

For Consumers: these exclusions leave your mandatory consumer rights (including non-conformity under Article 7:17 Dutch Civil Code) fully in force. What is excluded above applies only to the extent the law allows.

The Report is an indicative sunlight study based on public source data and the scenario you entered. The Report is suitable as:

• Support for views (zienswijzen) and objections (bezwaarschriften).
• An attachment to permit applications.
• Information material for purchase or design decisions.
• Input for lawyers and legal proceedings.

Schaduwplan gives no guarantee that the Report will be accepted by a court, municipality, aesthetics committee or other assessing authority, and gives no guarantee on the outcome of any proceedings in which the Report is used. Schaduwplan is not a lawyer, not an architect, not a structural engineer and not a permit adviser, and provides no legal, structural, planning or tax advice. The User is responsible for the choice whether — and how — to use the Report in proceedings or a decision.

The methodology and source data have been accepted as supporting evidence by the Council of State (Raad van State) in several proceedings (including Ootmarsum 2013, Almelo 2023, Voorburg 2023). That is a quality indication of the method — not a guarantee of the outcome in your specific proceedings.

The Source data is supplied by third parties (including TU Delft, 3DGI, Kadaster, PDOK). Schaduwplan does not check the Source data at the level of an individual parcel and is not responsible for inaccuracies, gaps or outdatedness in it. Where possible, the Report states the version number of the datasets used, so it is verifiable on which snapshot the analysis is based.

For complex legal disputes (appeal, damages claims under neighbour law, large-scale planning proceedings) we strongly recommend consulting a specialist firm or lawyer. Schaduwplan is not a substitute for specialist legal or structural advice.

Complaints about a delivered Report — including alleged inaccuracies, missing elements or defects — must be reported in writing to [email protected] within 14 days of delivery. Please include the order number, a clear description of the defect and, where possible, screenshots or evidence.

After this 14-day period has expired, the right to free adjustment or another performance under these terms lapses. For Consumers, the mandatory statutory powers (including non-conformity under Art. 7:17 Dutch Civil Code) remain fully in force — the complaint period does not detract from those rights.

Filing a complaint does not suspend the User's payment obligation. Schaduwplan aims to respond substantively to complaints within 14 working days.

Schaduwplan makes every effort to deliver a correct service, but gives no warranties about freedom from error, availability or fitness for a particular purpose beyond what is expressly stated in the Report.

Schaduwplan's liability for direct damage is, per event, limited to:

• the amount paid by the User for the relevant Report; or
• for a Business agreement: the amount set out in the agreement, or in its absence: the amount paid by the User in the preceding month.

Schaduwplan's cumulative liability under all events jointly is limited to the total amount paid by the User to Schaduwplan in the twelve (12) months preceding the event giving rise to liability.

Excluded from compensation are, in any case:

• indirect and consequential damage;
• lost profit, missed savings and missed assignments;
• damage from missed or refused permits, lost or delayed proceedings, or rejected objections;
• damage from the judgment of a court, municipality, aesthetics committee or other assessing authority;
• reputational and non-material damage;
• legal costs, expert-witness costs and court fees of the User or third parties;
• damage caused by incorrect or incomplete user input (see User obligations);
• damage caused by inaccuracies, gaps or outdatedness in third-party Source data;
• damage from changes in laws and regulations, the TNO standard, municipal standards or case law occurring after the Report's date of issue.

The limitations in this article do not apply in case of intent or wilful recklessness by Schaduwplan or its managers, nor to the statutory liability that cannot be excluded under mandatory law (including product liability and data-protection law).

Limitation period. Any claim of the User against Schaduwplan lapses by the mere passage of one (1) year from the moment the User became aware of, or could reasonably have been aware of, the damage, and in any case by the passage of two (2) years after delivery of the Report. For Consumers the statutory limitation period applies insofar as it is mandatorily longer.

To the extent permitted by mandatory law, the compensation described in the article Liability (combined with the adjustment-or-refund described in the article Report guarantee) is your sole and exclusive remedy for any failure, complaint or claim under or in connection with these terms, the Report or the 3D viewer.

For Consumers this limitation does not apply insofar as a mandatory remedy (for example performance, rescission or damages for non-conformity under Article 7:17 Dutch Civil Code) provides further-reaching claims.

The User indemnifies Schaduwplan against all third-party claims arising from or relating to the use, publication or forwarding of the Report by the User, including but not limited to: damages claims by neighbours, planning counterparties, developers, architects and the User's principals.

This indemnification also covers legal costs, expert-witness costs and any damages that Schaduwplan must pay to such third parties, insofar as they are not the result of intent or wilful recklessness by Schaduwplan.

For Consumers this indemnification does not apply insofar as it would be unreasonably onerous within the meaning of Article 6:237 Dutch Civil Code.

Schaduwplan is not liable for any failure in performance resulting from force majeure. Force majeure is understood to include in any case:

• malfunction or unavailability of the Source-data suppliers (including 3DBAG, BAG, Kadaster, PDOK, AHN);
• malfunction or unavailability of hosting, payment services (Stripe), email infrastructure or other essential suppliers;
• DDoS attacks, cyber incidents and other security events;
• government measures, pandemic, acts of war, riots, strikes and natural disasters;
• withdrawal or modification of open data licences by the original publishers.

In case of force majeure lasting longer than 30 days, both parties have the right to terminate the agreement, without any damages being due. If a Report has been paid for in advance but not delivered, the amount paid is refunded in that case.

The Report you purchase may be used for any reasonable purpose (objection, permit application, sharing with those involved, publication in proceedings). The underlying software, templates, brand name and branding of Schaduwplan remain the property of Schaduwplan.

Source data remains the property of the original publishers (TU Delft + 3DGI for 3DBAG, Kadaster for BAG, PDOK for various datasets, Rijkswaterstaat for AHN). Their licences apply to the source map material.

It is not permitted to read the service in an automated way (bulk-scraping), to apply reverse engineering, to use the Report for training a competing model, or to use the service to set up a competing service.

Schaduwplan reserves the right to change, expand, restrict, suspend or permanently discontinue the service, the Report, individual features or underlying technology from time to time — for example because a data supplier withdraws a dataset, a legal change requires it, or a feature is no longer commercially or technically tenable.

• Substantial changes that are disadvantageous to the User are announced at least 30 days in advance by email (for subscribers) and via the website.
• On permanent discontinuation of a paid service, we refund the already-paid, unused portion pro rata.
• For already-delivered Reports: changes or discontinuations after delivery do not affect the Report already delivered, except where we are obliged — for example because of a security incident — to no longer deliver a withdrawn file.
• Schaduwplan is not obliged to pay any additional compensation for a lawful change or termination of the service, save for mandatory law.

You have the right at any time to have your account, your saved projects, your report history and all personal data linked to you deleted — without giving a reason.

• Local data (3D viewer): clear your browser storage for schaduwplan.nl, or use the "Delete" buttons in the viewer (per project, per recent address, per attachment).
• Account data and reports on our servers: go to schaduwplan.nl/app/settings to delete your account at the press of a button. There you can also download a JSON export of all your data (right to data portability, Art. 20 GDPR). Email is also possible, to [email protected] from the email address known to us — we confirm within 30 days.
• What we are legally required to keep: invoices remain under the tax retention duty (7 years); these are anonymised where possible and not used for any other purpose.

Deletion is irreversible — we cannot restore deleted projects, reports or attachments. Download what you need before you delete.

You can end use of the free 3D viewer at any time by closing the page and, if desired, erasing your browser storage for schaduwplan.nl — see Account and data deletion.

A purchased Report is a one-off delivery. A refund or free adjustment runs via the report guarantee within 30 days of purchase, and via complaints within the period stated there.

Schaduwplan may terminate the agreement with immediate effect in case of misuse of the service (bulk-scraping, reverse engineering, competing clones, attempts at data theft, or on a reasonable suspicion of fraud). Payments already made for Reports not yet delivered are refunded in that case.

We announce substantial changes at least 30 days in advance via the website. Small editorial changes we publish quietly, with an updated "last updated" date at the top.

For Reports already purchased, the terms applicable at the time of purchase apply; new terms only affect purchases from their effective date.

Dutch law applies to these terms and to every agreement between Schaduwplan and the User. The applicability of the Vienna Sales Convention (CISG) is excluded.

Disputes that cannot be resolved by mutual consultation are submitted to the competent court of the district in which Schaduwplan is established. Consumers may submit the dispute to the court competent for their place of residence, insofar as mandatory consumer law prescribes this.

For Consumers the European ODR procedure is also available via ec.europa.eu/consumers/odr.