End User Terms TRIXXA Application

Last updated: 05/03/2025

IMPORTANT – PLEASE READ THESE END USER TERMS CAREFULLY

These End User Terms Trixxa Application (hereinafter the “Agreement”) constitute an agreement between MANAGEMENT COMPETENCE CENTER NV, a limited liability company incorporated under Belgian law, having its registered office at Industrielaan 32, 3730 Bilzen-Hoeselt (Belgium) and registered with the Belgian Crossroads Bank of Enterprises under company number 0808.895.767 (RLE Antwerp, section Hasselt) (hereinafter “MCC” or “we”) and you (hereinafter the “End User” or “you”), which explains your rights and obligations as an End User of our application “TRIXXA”.

By clicking the “I Agree to the End User Terms”-box, or by accessing or otherwise using our application “TRIXXA” (hereinafter the “Application”), you agree to be bound by this Agreement. If you do not agree with this Agreement, then do not click the “I Agree”-box and do not gain access or otherwise use the Application.

You recognize and declare that the digital acceptance of this Agreement has the same legal value as a physical wet ink signature.

We reserve the right, in our sole discretion, to change, modify, add or remove this Agreement or parts of it at any time. Your rights under this Agreement will be subject to the most current version of this Agreement. Changes to this Agreement will be communicated to you via email or via a pop-up, as appropriate given the particular circumstances OR to keep abreast of your rights and relevant restrictions, please bookmark this Agreement and read it frequently.

END USER RIGHTS AND OBLIGATIONS

The End User shall be granted a non-exclusive, personal, non-sub-licensable right to use the Application exclusively via online access to the web, provided that you comply with the terms of this Agreement. The rights granted to the End User for the Application are expressly limited to personal use by the End User. The Application is licensed (right to use only), not sold, to you. All of our rights not expressly granted under this Agreement are retained.

The End User shall during the duration of the Agreement to the extent reasonably possible implement and maintain adequate security measures on its device to safeguard the Application from access or use by any unauthorized person. You are responsible for maintaining the confidentiality of your “TRIXXA” account and related password. You agree to accept full responsibility and are liable for all activities that occur under your “TRIXXA” account. You should also inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide to us are correct, up-to-date and complete. Please also inform us immediately of any changes to the information you provided us when opening your “TRIXXA” account or afterwards.

MCC reserves the right, at all times and at its discretion:

to refuse access to the Application,
to refuse granting access to your “TRIXXA” account, and
to remove your “TRIXXA” account.

Save as may be expressly permitted by law, the End User may not disassemble, decompile, or reverse engineer the Application. The End User shall not alter, modify, adapt or translate the whole or any part of the Application in any way whatsoever nor permit the whole or any part of the Application to be combined with or become incorporated in any other computer program (except the combined solution as permitted by this Agreement). Save as may be expressly permitted by law, the End User may not modify the Application or create derivative works based on the Application. Except as may be expressly permitted in this Agreement, the End User may not rent, lease, assign, dispose of, novate, sub-license or otherwise transfer any of its rights to the Application to any third party.

“Software” shall mean any and all software products of MCC and which might be embedded in the Application. Portions of the Software, if any, which are owned or controlled by third parties and licensed to MCC (hereinafter “Third Party Software”) may be subject to additional terms, which are set forth in the human readable form of the Software (hereinafter “Software Source Code”) and the third party notice file(s) that accompanies the Software. The End User acknowledges and agrees that its use of Third Party Software is subject to its compliance with any such additional terms. The Third Party Software is licensed, not sold, to you. Title to and ownership of the Third Party Software and any portion thereof shall remain with that third party, except for the title to the medium on which the Third Party Software is provided. The End User is prohibited from using the Third Party Software separate from the Application. The End User is prohibited from reverse engineering, attempting to reverse engineer, decompilation or disassembly any portion of the Third Party Software. The End User is prohibited from (i) copying the Third Party Software, (ii) using the Third Party Software with, and/or transferring the Third Party Software to, any third party or as installed, embedded, integrated or otherwise incorporated in a product, (iii) modifying the Third Party Software, or (iv) exporting the Third Party Software or any underlying technology in contravention of any applicable E.U., U.S. or other export laws and regulations. All rights to use the Third Party Software shall be terminated with the termination of this Agreement.

You acknowledge that the Application may contain information, software, photos, videos, texts, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (hereinafter “Information”) that are protected by intellectual proprietary rights, including but not limited to copyright, database rights, patents, trademarks, design and models, trade secrets, proprietary rights in know-how, protection of confidential information, design rights and/or other proprietary rights, and that these rights (whether registered or unregistered) are valid and protected in all forms, media and technologies existing now or hereafter developed. In any case, MCC is and will continue to be the owner or licensee of these rights as a result of which all Information is copyrighted under applicable copyright laws (and MCC owns a copyright in the selection, coordination, arrangement and enhancement of such Information). In addition, all trademarks appearing on the Application are trademarks of their respective owners.

MCC only grants the End User a right to use the Application. The title and ownership rights in the Application are not transferred to the End User.

All intellectual property rights attached to the Application, including - without limitation - all rights, title and interests (whether legal, equitable or otherwise) on software, databases, technology and source code used in relation thereto, as well as all rights to modification, enhancements and future releases of the Application, whether registered or not, together with all rights to the grant of and applications, compilations, inventions, know-how, confidential information, trade secrets, trade names, business names, domain names as may exist from time to time anywhere in the world, remain the sole and exclusive property of MCC and/or third party suppliers of MCC.

“Feedback” shall mean any feedback, comments, suggestions or materials (including, to the extent disclosed to MCC, any End User modifications) that the End User may provide to MCC about or in connection with the Application, including any ideas, concepts, know-how or techniques contained therein. The End User hereby grants MCC a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify or otherwise exploit the Feedback for any purpose, including incorporating or implementing the Feedback in the Application. The End User agrees that MCC may exploit all Feedback without any restriction or obligation on account of intellectual property rights or otherwise. For clarity, no Feedback will be deemed End User’s Confidential Information in the sense of article 7 of this Agreement, and nothing in this Agreement limits MCC’s right to independently use, develop, evaluate or market products, whether incorporating Feedback or otherwise.

We reserve the right to make changes to the content, services, application software, etc. of the Application as well as to this Agreement, at any time. You will be subject to the version of this Agreement in force at the time that you use the Application, unless any change to that version of the Agreement is required to be made by law or any governmental authority. If any of the stipulations of this Agreement is deemed invalid, void or for any reason unenforceable, that specific term will be deemed severable and will not affect the validity and enforceability of any of the remaining Agreement.

DELIVERY

The Application will be deemed to be accepted upon delivery. When the Application is made available to the End User through access to a website and/or (cloud) server, delivery will be deemed to have occurred at the time of such availability.

PROHIBITED USE

You acknowledge that the proprietary rights in the Information are owned by MCC (or its licensees), and from this point of view, you may not modify, copy, sublicence, lease, sell, publish, transmit, adapt, enhance, (re)distribute, perform, reverse engineer, assign, disassemble, decompile, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Information, in whole or in part. When Information is downloaded to your device, you do not obtain any ownership interest in such Information. Modification of the Information or use of the Information for any other purpose, including, but not limited to, use of any Information in printed form or on any website, application or networked computer environment is strictly prohibited, unless you receive our prior written consent. You also need our prior written consent to make a hyperlink to our website and/or to the Application.

You will not perform any action with the intention of damaging the Application through viruses, ‘worms’, defects, ‘Trojans’, ‘malware’, ‘spyware’ or items of a destructive nature.

You will not use the Application in a manner that could hurt a person or otherwise harm, defame, abuse, harass or threaten a person or encourage third parties to do so.

You will not use the Application in a manner or for any purpose that is contrary to a law or other regulation (including, but not limited to anti money laundering laws and regulations), or for a transfer of data that is or may be illegal, fraudulent, defamatory, intimidating, invasive or harmful to the privacy of third parties, or contains viruses, or violates or may violate the intellectual property rights or other rights of MCC, its licensors or other individuals or entities.

You will not attempt to gain access to reserved or protected parts of the Application, to which you have not obtained explicit access.

End User shall indemnify, defend and hold harmless MCC from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to (a) any breach by End User of this Agreement, (b) any End User data, (c) any End User modifications of or combinations with the Application, (d) any service or product offered by End User in connection with or related to the Application or (e) any representations or warranties made by End User regarding the Application to third Parties. This indemnification obligation is subject to End User receiving (i) written notice of such claim (in any event notice in sufficient time for End User to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence or settlement of such claim, provided that MCC may participate in the claim at its own expense and End User may not settle any claim without MCC’s prior written consent; and (iii) all reasonable necessary cooperation of MCC at End User’s expense.

LIMITATION OF WARRANTIES AND LIABILITY

The End User represents and warrants that it has the legal power and authority to enter into this Agreement.

As far as MCC is aware, its Application does not infringe on the intellectual property rights of any third party. If a third party alleges that the Application infringe its rights or if a third party starts legal proceedings against the End User or MCC due to alleged infringement of its rights, MCC has the right to decide at its discretion to (i) refute these assertions or claims, (ii) adapt the Application so that it no longer infringes the rights of this third party or (iii) block access to the Application from the End User.

Insofar as the Application has been produced by another supplier, MCC does not provide any other warranties to the End User than the warranties given by that supplier.

THE APPLICATION IS PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASE OF MALICE, GROSS NEGLIGENCE OR NON-EXECUTION OF THE ESSENTIAL OBLIGATIONS OF THIS AGREEMENT, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, MCC AND ITS THIRD PARTY SUPPLIERS/LICENSORS PROVIDED THE APPLICATION AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, MCC AND ITS THIRD PARTY SUPPLIERS/LICENSORS MAKE NO REPRESENTATION, WARRANTY AND GUARANTEE AS TO (i) THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION OR ANY CONTENT THEREIN OR GENERATED THEREWITH, (ii) THAT (a) THE USE OF THE APPLICATION SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (b) THE APPLICATION SHALL MEET END USER'S REQUIREMENTS OR EXPECTATIONS, (c) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED, (d) THE QUALITY OF THE APPLICATION, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY END USER THROUGH THE APPLICATION SHALL MEET END USER’S REQUIREMENTS OR EXPECTATIONS, (e) ERRORS OR DEFECTS SHALL BE CORRECTED, OR (f) THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, MCC AND ITS THIRD PARTY SUPPLIERS/LICENSORS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MCC. TO THE FULL EXTENT PERMISSIBLE BY THE LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.

In no case shall MCC be liable for any damage caused by incorrect installation, configuration, use and/or maintenance of the Application by the End User or a third party.

In no event will MCC be liable for any consequential or indirect damages nor for any loss of data, loss of expected profit, reduced sales, downtime, increased operating expenses, loss of clients or damage to equipment, data or reputation that the End User or third parties might suffer due to any error or negligence on the part of MCC or an auxiliary person. MCC’s auxiliary persons cannot be held liable under this Agreement and any recourse for breach of the Agreement by MCC or its auxiliary persons must be claimed for directly against MCC.

Notwithstanding any other provision of this Agreement, we do not exclude or limit our liability for:

death or personal injury caused by us;
fraud, fraudulent misrepresentation, gross negligence or wilful misconduct caused by us or by any of our employees or agents;
non-performance of our essential obligations under this Agreement; or
loss or damage that we may not limit or exclude under mandatory applicable law.

Subject to clause 4.7. of this Agreement, our total aggregate liability arising from negligence, breach of contract or otherwise under or in connection with this Agreement will be limited to the lower of:

250 EUR; or
The amount actually paid by our professional insurance coverage for the event giving rise to the liability.

You understand, agree and accept that MCC has no obligation to install, maintain, support, upgrade or update the Application, or to deliver any or any specific Information pertaining to the Application. MCC and / or the owners of any Information may remove such Information from time to time without prior notice, to the extent permitted by applicable law.

REGULATIONS AND DATA PROTECTION

The End User and MCC are aware that personal data are processed through the Application, within the meaning of the Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data (General Data Protection Regulation). MCC shall comply with the applicable legislation and regulations when processing such personal data. If you want to know more about how we process your personal data, please consult our privacy policy through the Application.

MCC shall take appropriate technical and organizational security measures necessary to protect the personal data to be processed as part of the Application against accidental or unauthorized destruction, accidental loss, as well as against unauthorized access to, alteration and use of, and any other unauthorized handling of, such personal data.

You agree to take all appropriate measures to protect your own data and/or software from contamination by possible viruses on the internet. You should avoid using computers and mobile phones that are accessible to public networks, taking into account the risks inherent in this type of access and, in particular, the possibility of compromising the security of your credentials.

CONFIDENTIAL INFORMATION

“Confidential Information” shall mean any and all commercial, technical, financial and other information of whatever nature and in whatever form recorded (including, without limitation, know-how, pricing, business procedures) however disclosed by us to you which include but are not limited to know-how, business and other plans, ideas, inventions, formulae, models, trade and manufacturing secrets, proprietary computer programs, algorithms, techniques, drawings, prototypes or test data as well as any and all intellectual property rights contained. You can only use this information for the purpose for which it was provided.

The obligations of confidentiality stipulated in this article 6 do not apply to Confidential Information that:

is publicly known other than by a breach by the receiving party of its obligations under the Agreement;

was communicated by a third party to the receiving party as non-confidential, by which it deems to be not unlawful to disclose the information;

was developed independently by the receiving party, or that the receiving party was already aware of this information before the information was communicated to it;

was disclosed with the written consent of the disclosing party.

If the receiving party must communicate Confidential Information on the orders of a competent court and/or administrative or government agency or on the basis of a law, regulation or any other administrative or legal proceedings, it will inform and consult with the disclosing party about this in advance.

Notwithstanding the provisions of this article, the receiving party may communicate the Confidential Information of the disclosing party to its employees, consultants and suppliers who are directly involved with and/or must be informed of such Confidential Information for implementation of the Agreement, provided that each party warrants and undertakes to ensure compliance with this article, in particular by imposing equivalent written confidentiality obligations on them as the obligations contained in this Article.

If the receiving party no longer needs the Confidential Information for fulfilment of its obligations under this Agreement or if this Agreement is terminated, the receiving party undertakes to return or destroy the Confidential Information (along with each copy and summary thereof) to the disclosing party, at the discretion of the disclosing party.

The End User will use its best efforts to protect the Application from unauthorized access, reproduction, disclosure or use. The End User will notify MCC immediately if the End User becomes aware of any unauthorized use or access to the Application, and will give full cooperation, at its own expense, to minimize the effects of such unauthorized use or access.

DURATION AND TERMINATION

This Agreement shall enter into effect upon first use by the End User of the Application and shall continue for the duration of the use of the Application by the End User or until termination of the Agreement by MCC.

MCC may at any time terminate or suspend (at MCC’s option) this Agreement with immediate effect by giving written notice to End User, if the End User commits a breach of any material term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 (thirty) days after being notified in writing to do so. Upon termination of this Agreement for any reason, End User agrees to immediately stop using the Application, Articles 4 (Limitation of Warranties and Liability), 6 (Confidential Information) and 7 (Duration and Termination) of this Agreement shall survive termination of this Agreement.

MCC is entitled to wholly or partially suspend its contractual performance (e.g. to suspend the End User’s access to the Application) without judicial intervention if the End User compromises, or threatens to compromise, MCC 's rights and/or the services provided to MCC 's customers.

FORCE MAJEURE

Situations out of MCC’s control, such as but not limited to fire, flood, strikes, administrative measures, non-delivery of components or downtime at external suppliers and other unforeseen circumstances, will release MCC of its obligations under this Agreement for the duration of the situation of force majeure. In such event, the End User is not entitled to any indemnification by MCC.

APPLICABLE LAW AND JURISDICTION

The validity, interpretation, implementation, performance and termination of this Agreement between MCC and the End User shall be governed by Belgian law.

All disputes with respect to the Agreement shall be submitted to the exclusive jurisdiction of the courts of Antwerp, section Hasselt, Belgium. However, if you are a ‘consumer’ in the sense of article I,1,2° of the Belgian Economic Code, the court of your domicile has jurisdiction.

MISCELLANEOUS

MCC reserves the right to call upon the services of subcontractors to perform the Agreement without having to notify End User thereof.

No renunciation or waiver of rights can be understood by the mere fact that a right is not enforced or not used, the fact that a penalty or procedure is not applied, or the failure to bring a claim by MCC.

All notices and requests in connection with this Agreement will be given or made upon the respective parties in writing.

If and to the extent applicable under the laws of your country, and provided that you are a consumer under those laws, you have the right to lodge a complaint through the ODR platform by clicking on the following link: https://ec.europa.eu/consumers....