Effective 29 November 2016
1.1 Your use of the Trixx service is governed by this agreement (the 'Terms'). The “Trixx Services” means the services Trixx makes available through this Web Site, including this Web Site, the apps, and any other software or services offered by Trixx in connection to any of those.
1.2 In order to use the Trixx Services, you must first agree to the Terms. You can agree to the Terms by actually using the Trixx Services. You understand and agree that Trixx will treat your use of the Trixx Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Trixx Services if you are a person barred from receiving the Trixx Services under the laws of Belgium or other countries, including the country in which you are resident or from which you use the Trixx Services. You affirm that you are over the age of 18, as the Trixx Services are not intended for people under 18.
1.4 You agree your purchases of Trixx Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Trixx or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Trixx Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Trixx immediately.
2.2 Your use of the Trixx Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Trixx Services by any means other than through the interface that is provided by Trixx in connection with the Trixx Services (like your account settings), unless you have been specifically allowed to do so in a separate agreement with Trixx, or (b) engage in any activity that interferes with or disrupts the Trixx Services (or the servers and networks which are connected to the Service).
2.4 You may not access the Trixx Services for the purpose of bringing an intellectual property infringement claim against Trixx or for the purpose of creating a product or service competitive with the Trixx Services.
2.5 Trixx is not responsible for all additional information added by you and other users including, but not limited to vehicle information, pictures, comments, .
3.1 You agree to comply with the Trixx Acceptable Use Policy available at acceptable use policy ('the Acceptable Use Policy') which is incorporated herein by this reference and which may be updated from time to time.
3.2 The Trixx Services shall be subject to the privacy policy for the Trixx Services available at privacy policy ('the Privacy Policy'). You agree to the use of your data in accordance with Trixx's privacy policies.
4.1 Subject to the Terms, the Trixx Services is provided for free during the trial period. Usage after the trail ending requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://trixx.co/pricing (or such URL as Trixx may provide).
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Trixx fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Trixx incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, none of the Trixx Subscriptions are refundable. Nothing in these Terms obligates Trixx to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Trixx may be shared by Trixx with companies who work on Trixx's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Trixx and servicing your account. Trixx may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Trixx shall not be liable for any use or disclosure of such information by such third parties. Trixx reserves the right to discontinue the provision of the Trixx Services to you for any late payments.
4.3 Trixx may change its fees and payment policies for the Trixx Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the Web Site (or such other URL Trixx may provide from time to time).
4.4 Invoices will be in English or the language your account has been set in (if that language is available in invoice translation), to the discretion of Trixx.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, or through uploading, the Trixx Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the 'Content'.
5.2 If you are the leader of a created Company you will receive certain rights/obligations towards Trixx and your team members. Your Company is referred to below as 'Company'.
5.3 Trixx reserves the right (but shall have no obligation) to remove any or all Content from the Trixx Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Trixx. In the event that you elect not to comply with a request from Trixx to take down certain Content, Trixx reserves the right to directly take down such Content or to even to disable your account.
5.4 In the event that you become aware of any violation of the Acceptable Use Policy by a member of your Company, you shall immediately terminate such end user membership to your Company. Trixx reserves the right to disable Companies in response to a violation or suspected violation of the Acceptable Use Policy.
5.5 You agree that you are solely responsible for (and that Trixx has no responsibility to you or to any third party for) the Company or any Content that you create, transmit or display while using the Trixx Services and for the consequences of your actions (including any loss or damage which Trixx may suffer) by doing so.
5.6 You agree that Trixx has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any Content created by you or a member of your Company.
5.7 In order to keep our applications stable and running securely, we work with a number of highly trusted parties, including (but not limited to) storage providers and analytics providers.
5.8 When permitted by law, Trixx, Trixx partners, employees and investors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
6.1 You acknowledge and agree that Trixx (or Trixx's licensors) own all legal right, title and interest in and to the Trixx Services, including any intellectual property rights which subsist in the Trixx Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Trixx acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Companies that you create, submit, post, transmit or display on, or through, the Trixx Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Trixx, you agree that you are responsible for protecting and enforcing those rights and that Trixx has no obligation to do so on your behalf.
7.1 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Trixx Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Trixx, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Trixx Services or any applications running on the Trixx Services.
7.2 Trixx gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Trixx as part of the Trixx Services as provided to you by Trixx. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Trixx Services as provided by Trixx, in the manner permitted by the Terms.
7.3 Trixx hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Trixx trademarks and/or logos as provided here (“Marks”) for the sole purpose of promoting or advertising that you use the Trixx Services. You agree that all goodwill generated through your use of the Trixx Marks shall inure to the benefit of Trixx.
Trademark Usage
The following guidelines apply to the use of all Trixx Marks licensed pursuant to the Terms:
You must use the appropriate legend for the Mark: ® for registered trademarks, TM for unregistered trademarks, and SM for unregistered service marks.
You shall not use any Trixx Mark to disparage Trixx, its products or services, or in a manner which, in Trixx's reasonable judgment, may diminish or damage its goodwill in the Mark or imply endorsement by Trixx. You agree to cease all such uses upon written notification by Trixx. You agree not to take any action which might lead a third party to think Trixx's Mark is owned by you, or which might adversely impact Trixx’s reputation. You shall at all times use the Trixx Marks in a manner consistent with trademark laws.
You shall notify Trixx immediately of any improper, infringing, confusing or unauthorized use of Trixx's Marks of which you become aware.
You shall not alter the appearance of any Trixx Mark or obscure such Mark in any way. Changing the color, font, or proportions of any Trixx Mark is prohibited.
Questions concerning proper use of the Marks shall be directed to [email protected].
8.1 Trixx claims no ownership or control over any Content or Company. You retain copyright and any other rights you already hold in the Content and/or Company, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Trixx Services you give Trixx a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Trixx to provide you with the Trixx Services. Furthermore, by creating a Company through use of the Trixx Services, you give Trixx a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Company for the sole purpose of enabling Trixx to provide you with the Trixx Services.
8.2 By adding a member to your Company, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Company and Content as permitted by the relevant Company Services functionality or features for the sole purpose of collaborating on development of the Company.
8.3 You may choose to or we may invite you to submit comments or ideas about the Trixx Services, including without limitation about how to improve the Trixx Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Trixx under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Trixx, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web Site listings (including links to your Web Site) for the purpose of advertising or publicizing your use of the Trixx Services.
9.1 Trixx may, and you grant us permission to, make recommendations via the Trixx Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the Trixx Services.
10.1 Trixx is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Trixx Services which Trixx provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Trixx Services will be effective with respect to all versions of the Trixx Services; examples of changes to the form and nature of the Trixx Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2 You may terminate these Terms at any time by canceling your account on the Trixx Services. You will not receive any refunds if you cancel your account.
10.3 You agree that Trixx, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Trixx Services may be without prior notice, and you agree that Trixx will not be liable to you or any third party for such termination.
10.4 You are solely responsible for exporting your Content and Company from the Trixx Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Company.
10.5 Upon any termination of the Trixx Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
11.1 You agree to not disclosing any functions, ideas, material or anything else about the Trixx Services to unregistered people.
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT Trixx'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Trixx SERVICE IS AT YOUR SOLE RISK AND THAT THE Trixx SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'.
12.3 Trixx, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE Trixx SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Trixx, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE Trixx SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE Trixx SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE Trixx SERVICES WILL BE ACCURATE.
13.1 SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Trixx, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
13.2 THE LIMITATIONS ON Trixx'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT Trixx HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 You agree to hold harmless and indemnify Trixx, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively 'Trixx and Partners') from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Trixx Services, (c) your violation of applicable laws, rules or regulations in connection with the Trixx Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Trixx will provide you with written notice of such claim, suit or action.
15.1 You agree to set up a process to respond to notices of alleged infringement. It is Trixx's policy to respond to copyright infringement notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Company or, if necessary, the Company itself upon receipt of a valid copyright infringement notice.
16.1 The Trixx Services may include hyperlinks to other Web Sites or content or resources or email content. Trixx may have no control over any Web Sites or resources which are provided by companies or persons other than Trixx.
16.2 You acknowledge and agree that Trixx is not responsible for the availability of any such external Sites or resources, and does not endorse any advertising, products or other materials on or available from such Web Sites or resources.
17.1 Trixx may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
17.2 You understand and agree that if you use the Trixx Services after the date on which the Terms have changed, Trixx will treat your use as acceptance of the updated Terms.
18.1 The Terms constitute the whole legal agreement between you and Trixx and govern your use of the Trixx Services (but excluding any services which Trixx may provide to you under a separate written agreement), and completely replace any prior agreements between you and Trixx in relation to the Trixx Services.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Trixx provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that Trixx may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Trixx Services. By providing Trixx your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.5 You agree that if Trixx does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Trixx has the benefit of under any applicable law), this will not be taken to be a formal waiver of Trixx's rights and that those rights or remedies will still be available to Trixx.
18.6 Trixx shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.7 The Terms, and your relationship with Trixx under the Terms, shall be governed by the laws of Belgium without regard to its conflict of laws provisions. You and Trixx agree to submit to the exclusive jurisdiction of the courts located within the county of Belgium to resolve any legal matter arising from the Terms.
18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Trixx Services upon written notice to the assigning party.
This document is an adaptation of the Google App Engine Program Policies. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Trixx or its use of the work.