1. By using our Web Site, you consent to our Web Site terms and conditions.  Use of this website signifies your agreement to these terms of use, the web site privacy & personal data rules and policies and the IPR policies. By accessing and using this Web Site, you represent that you have the legal power to enter into these terms and conditions.

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This Web Site is intended to serve a general audience and does not provide specific features or services targeted at children under age of 18. We do not knowingly solicit personal information regarding children under age of 18.

The Web Site and its materials may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

We have the right to remove any material that clouTrix, in its sole discretion, finds to be in violation of these terms and conditions or otherwise objectionable, and you are solely responsible for the material that you post to this Web Site.

These Web Site Terms of Use are effective as of August 2016. These Web Site Terms of Use, together with the Privacy Policy, the IPR Policies, and, where applicable, the clouTrix Terms and Conditions contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except as follows: clouTrix may make modifications, deletions and/or additions to these terms & conditions (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the clouTrix Webs Site pages, sent to your e-mail address or when you opt-in or otherwise expressly agree to the Changes or a version of these terms and conditions incorporating the Changes, whichever comes first.

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2. This web site, including but not limited to all information, recommendations, logos or designs, or products or services contained herein, are provided “AS IS”, without any warranty or representation, express or implied, including but not limited to warranties that any products or services are necessarily available, are merchantable, are fit for a particular purpose, may be used without infringing the rights of third parties, or that the information provided is complete, correct or up to date, or that the clouTrix Web Site is appropriate or available for use outside of Belgium. Access and use of the clouTrix Web Site is at your own initiative and at your own risk. You are responsible for compliance with applicable local laws. In particular, the Web Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

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3. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by clouTrix of that third party or of any product or service provided by a third party. Likewise, a link to any non-clouTrix Web Site does not imply that we endorse or accept any responsibility for the content or use of such a website. clouTrix does not endorse, nor warrant or guarantee any product or service offered by any third party through the clouTrix Web Site and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

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4. You acknowledge and agree that we are only willing to provide access to the site and to provide the services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, or agents be liable for any indirect, – or under applicable local laws, any incidental, special, consequential or exemplary damages – including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), statute or otherwise. We will not be liable for any damages arising from the transactions between you and third party merchants, or service providers, or for any information appearing on third party merchant or service provider sites or any other site linked to or by our site. In no event will we be liable to you or any third party in connection with any act or omission of any user to the Web Site. If you are dissatisfied with any portion of this Web Site or the services, your sole and exclusive remedy is to discontinue use of the site and the services. Our total liability to you for all claims arising from or related to the site or the services is limited to a maximum, in aggregate, to the amount paid to clouTrix or five thousand Euros (Euro 5000). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

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5. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

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6. These terms shall be governed by and interpreted in accordance with the laws of Belgium (with the exception of their conflict of laws provisions, including any international conventions). All disputes arising out of or relating to these Terms of Use shall be brought before and finally resolved by courts sitting in Antwerp, Belgium.

Notwithstanding the foregoing, clouTrix shall be entitled to seek interim measures such as, but not limited to injunctive relief, security or other remedies from any other court of competent jurisdiction. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST CLOUTRIX IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR A GROUP OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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Last update: January 2024

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