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  1. Definitions

Capitalized words used, but not defined in these Pilario Terms of Use, shall have the definition provided in the Pilario License conditions.  

  1. License

2.1. Upon the terms and conditions of the Pilario License conditions, Pilario hereby grants the User, who accepts, a non-exclusive, non-transferable, personal, worldwide right to use the Pilario Platform. 

2.2. The User shall use the Pilario Platform only for its internal business purposes in a manner that complies with all applicable laws and the User shall not (i) transmit or share identification or password codes to persons other than authorized Users, (ii) permit the identification or password codes to be cached in proxy servers and accessed by individuals who are not authorized Users, (iii) permit access to the Pilario Platform through a single identification or password code being made available to multiple users on a network. 

2.3. The User shall not have the right to license, sell, transfer or assign rights to access and/or use the Pilario Platform or the Content or otherwise commercially exploit or make available to any third party the Pilario Platform or the Content, except as expressly provided in the Pilario License conditions. The User may not modify, translate, reverse engineer, decompile or create derivative works based upon the Pilario Platform or the Content. 

2.4. The User agrees to comply with any technical limitations in the Pilario Platform that only allow the User to use the Pilario Platform in certain ways. The User may not work around such technical limitations. 

  1. Personal data and responsibilities of the User

3.1. The User is responsible for all activity occurring under its account and guarantees that all the requirements set by local, national and foreign laws, treaties and regulations for the lawful processing of (personal) data entered by the User in connection with the Pilario Platform have been complied with.

3.2. The processing of Personal Data shall be subject to the Pilario Privacy Policy [LINK].

3.3. The User shall be responsible for the data entered, obtained and/or processed by using the Pilario Platform (the “Client Data”) and the User warrants that the Client Data are not unlawful, have not been obtained unlawfully and do not violate the rights of third parties. The User indemnifies Pilario against any claims by third parties, for whatever reason, in connection with the processing of the Client Data. For the avoidance of doubt, the User shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and intellectual property rights in the Client Data.

3.4. The User shall (i) immediately notify Pilario of any unauthorized use of any password or account or any other known or suspected breach of security and (ii) immediately report to Pilario and use reasonable efforts to stop any potential or actual infringement of the Intellectual Property rights in the Pilario Platform.

3.5. Pilario reserves the right to withhold, remove and/or discard the Client Data, without notice, for any breach of these Terms of Use and/or the Pilario License conditions.

  1. Suspension of Pilario Platform

4.1. Pilario may suspend the access to the Pilario Platform in whole or in part in the following circumstances: 

4.2. Any suspension of an online Pilario Platform pursuant to this section shall only be in effect for as long as reasonably necessary to address the issues giving rise to the suspension.  

  1. Technical support

In order to ensure the proper performance of the Service Level Terms, every question, comment and/or complaint regarding the Pilario Platform made by the User must contain a sufficiently clear description of the reproducible error. 

  1. Intellectual property rights

6.1. The User acknowledges and accepts that (each part of) the Pilario Platform and the Content, is protected by Intellectual Property Rights, which are the property of Pilario or its third party suppliers.  Nothing in these Terms of Use shall be construed as granting, or an undertaking to subsequently grant, to the User any license, right, title or interest in the Intellectual Property Rights. The User undertakes to fully respect and protect the exclusivity of those Intellectual Property Rights.

6.2. The trademarks, logo’s and product names related to the Pilario Platform and Content are the property of Pilario or third parties and the User is not permitted to use them without prior written consent of Pilario or such third party that may own them.

  1. Confidentiality

7.1. By using the Pilario Platform, the User may get access to confidential and proprietary information of Pilario , including but not limited to commercial, technical or financial information and/or information regarding the Pilario and third party software applications used within the Pilario Platform (hereafter “Confidential Information”). 

7.2. The User agrees not to disclose any Confidential Information to any third party, nor use the same for its own benefit, nor permit its use for the benefit of others, without the prior, explicit and written consent of Pilario and/or Pilario suppliers. 

  1. Indemnification

The User shall indemnify and hold harmless Pilario for any and all claims, causes of action, costs, damages, losses, liabilities and expenses (including without being limited thereto all reasonable attorney’s fees and costs) arising out of or in connection with (i) an alleged infringement of the rights of third parties due to the use of the Client Data or due to the use of the Pilario Platform in combination with the User’s products, services, hardware or business processes, provided that Pilario notifies the User in writing promptly after its knowledge of such an infringement, (ii) any breach of these Terms of Use by the User.  

  1. General

9.1. Unless specified otherwise, any notice by Pilario to the User shall be given by means of a general notice on the Pilario Platform or by e-mail to the User’s e-mail address as recorded in Pilario’s account information. 

9.2. Pilario reserves the right to modify the Terms of Use relating to the Pilario Platform at any time, effective upon posting an updated version of these Terms of Use on the Pilario Platform. Continued use of the Pilario Platform after posting such updated version shall constitute the User’s and Licensee’s consent to the updated version of this Terms. 

9.3. These Terms of Use are governed by and construed in accordance with the laws of Belgium. 
9.4. Any dispute arising out of or under these Terms of Use shall be submitted to the exclusive jurisdiction of the Courts located in Brussels.

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