Effective date: 01/12/2025 

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1. Introduction

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Welcome to Tropos AR ("Company", "us", "we" or "our"). These Terms and Conditions ("Terms") govern your use of the website located at tropos.ar and any related content, features and services offered through it (together, the "Service"), operated by Tropos AR BV, a private limited liability company incorporated under Belgian law, with company number 0759.704.691 (RPR Brussels) and registered office at:

Pastoor Cooremansstraat 3, 1702 Groot-Bijgaarden, Belgium.

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard and disclose information resulting from your use of the Service. Your agreement with us includes these Terms and our Privacy Policy ("Agreement"). By accessing or using the Service, you confirm that you have read and understood the Agreement and agree to be bound by it. If you do not agree with (or cannot comply with) the Agreement, you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use the Service. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

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2. Scope — website terms only

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These Terms govern the use of the tropos.ar website and its informational content. They do not govern the licensing or use of Tropos AR's commercial products and technology — including the Tropos AR SDK, Tropos AR Cloud, Tropos AR Studio, and any applications or platforms built on them — which are made available exclusively under separate written agreements (such as SDK licence agreements, subscription agreements or collaboration agreements) concluded between Tropos AR and the relevant customer or partner. In case of conflict between these Terms and such a separate written agreement, the separate agreement prevails for the products and services it covers.

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3. Communications

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By creating an account or providing your contact details through the Service, you may receive newsletters, marketing or promotional materials and other information from us. You may opt out of receiving any, or all, of these communications by following the unsubscribe link provided in any email or by emailing sven.vandeperre@tropos.ar.

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4. Use of the Service

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You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

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• in any way that violates any applicable national or international law or regulation;

• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;

• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam" or similar solicitation;

• to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;

• in any way that infringes upon the rights of others, or is in any way illegal, threatening, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

• to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service, or expose them to liability.

 

Additionally, you agree not to:

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• use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service;

• use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any material on the Service, without our prior written consent;

• use the content of the Service, in whole or in part, for the training, fine-tuning or development of artificial intelligence models or automated data extraction (scraping, text and data mining) without our prior written consent, to the fullest extent such a reservation of rights is permitted under applicable law (including Article 4(3) of Directive (EU) 2019/790);

• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;

• attack the Service via a denial-of-service attack or a distributed denial-of-service attack;

• take any action that may damage or falsify the Company's rating or reputation;

• otherwise attempt to interfere with the proper working of the Service.

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5. Age requirement

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The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right and capacity to enter into this Agreement. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Service.

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6. Accounts

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When you create an account with us, you guarantee that the information you provide is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and/or account. You agree to accept responsibility for all activities that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

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7. Intellectual property

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The Service and its entire original content (excluding content provided by users), features and functionality — including but not limited to all software, text, displays, images, graphics, video, audio, the Tropos AR name, logo and related marks, and the design, selection and arrangement thereof — are and will remain the exclusive property of Tropos AR BV and its licensors. The Service is protected by copyright, trademark and other laws of Belgium and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms constitutes a transfer or licence of any intellectual property rights of Tropos AR, except the limited right to access and use the Service in accordance with these Terms.

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8. Feedback

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If you provide us with suggestions, ideas or feedback regarding the Service or our technology, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate such feedback for any purpose, without any obligation of compensation or attribution, unless agreed otherwise in writing.

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9. Links to other websites

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Our Service may contain links to third-party websites or services that are not owned or controlled by Tropos AR. Tropos AR has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party websites or services that you visit.

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10. Disclaimer of warranty

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The Service and its content are provided by the Company on an "as is" and "as available" basis, for general information purposes only. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content or materials included therein, including as to the completeness, reliability or accuracy thereof. Content on the Service does not constitute professional, legal, financial or technical advice. Your use of the Service and any content is at your sole risk. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

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11. Limitation of liability

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To the fullest extent permitted by applicable law, the Company and its directors, employees and agents shall not be liable for any indirect or consequential damages arising out of or in connection with the use of the Service, including loss of profits, loss of data, loss of goodwill or business interruption, even if advised of the possibility of such damages. To the extent liability cannot be excluded, the aggregate liability of the Company in connection with the Service shall be limited to the amount, if any, paid by you for the use of the Service. Nothing in these Terms excludes or limits the Company's liability for its fraud (bedrog/dol) or intentional fault, or any other liability that cannot be excluded or limited under mandatory Belgian law, including mandatory consumer protection provisions of Book VI of the Belgian Code of Economic Law where applicable.

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12. Indemnification

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You agree to defend, indemnify and hold harmless the Company and its licensees, licensors, employees, contractors, agents, officers and directors from and against any claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising from your use of the Service in breach of these Terms, your violation of any law or the rights of a third party, or content you submit through the Service. This indemnity does not apply to the extent you act as a consumer under mandatory Belgian consumer law and such indemnity would be unenforceable.

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13. Termination

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We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including without limitation a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Service or contact us at sven.vandeperre@tropos.ar. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

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14. Governing law and jurisdiction

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These Terms shall be governed and construed in accordance with Belgian law, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the use of the Service shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium, without prejudice to mandatory rules of jurisdiction and applicable consumer protections. If you are a consumer residing in the European Union, you retain the protection of the mandatory provisions of the law of your country of residence.

If you are a consumer in the EU, you may also use the Online Dispute Resolution platform of the European Commission at https://ec.europa.eu/consumers/odr. Our contact email for that purpose is sven.vandeperre@tropos.ar. We are not obliged and do not commit to participate in alternative dispute resolution proceedings before a consumer arbitration board.

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15. Changes to the Service and to these Terms

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We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. We may amend these Terms at any time by posting the amended terms on this site and updating the effective date. For material changes, we will provide reasonable prior notice via email and/or a prominent notice on our Service. Your continued use of the Service after such changes become effective constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Service.

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16. Severability, waiver and entire agreement

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If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect, and the invalid provision shall be replaced by a valid provision that most closely reflects its economic intent. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any separate written agreements referred to in Section 2, constitute the entire agreement between us regarding our Service and supersede any prior agreements regarding the Service.

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17. Contact us

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If you have any questions about these Terms, please contact us by email: sven.vandeperre@tropos.ar.