TERMS AND CONDITIONS OF USE

This Terms of Use is made by and between TRIPA HC, s.r.o, Žlta 7, Suite 71, Bratislava 85107, Slovak Republic, (“TRIPA”) and you, the user (you, your, or User). BY CLICKING THE “I AGREE” BUTTON IN THE SIGN UP PAGE, OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE OR ANY TRIPA SERVICES OR CONTENT (COLLECTIVELY “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.

1. Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of TRIPA.ai (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time by TRIPA upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Terms and Conditions. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. In addition, when using our Site, you shall be subject to any posted policies, guidelines, or rules applicable to the use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines, and rules are hereby incorporated by reference into these Terms of Use.

3. Ownership. You acknowledge and agree that the services provided by this website (“Service”) and any necessary software used in connection with any Service (“Software”) contain proprietary and confidential information that is the property of TRIPA and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided,
transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TRIPA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.

4. Intended Audience.  This website is intended for adults only. This website is not intended for any children under the age of 13.

5. User Content

  • 5.1 User Content. “User Content” means any and all information and content that a user, including you, submits to, or uses with, the Site, including, without limitation, survey answers, job descriptions, reviews, comments, pictures (in any medium), statements, ideas, questions, or other content provided in a profile or posted on or through the Site. You are solely responsible for your User Content. You assume all risks associated with using your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that all User Content you submit to the Site or us is accurate, truthful, and non-deceptive and that all User Content has evidence to support the claims made. You further represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by TRIPA. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. TRIPA is not obligated to backup any User Content, and your User Content may be deleted at any 4859-0347-4754 v.1 075264/00001, 11:06 AM, 12/07/2022 Page 2 time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
  • 5.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to TRIPA an irrevocable, perpetual, nonexclusive, royalty-free, sub-licensable, and fully paid, worldwide, enterprise-wide license to access, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
  • 5.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
    • (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is fraudulent, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, any act(s) that would constitute a criminal offense or give rise to civil liability, physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, rule, or regulation or obligations or restrictions imposed by any third party, including, without limitation, any confidentiality or non-disclosure agreement.
    • (b) In addition, you agree not to or use the Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content through the Site that may: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software, computer code, files, or programs intended to damage, interrupt, destroy, or otherwise alter a computer system, software, hardware or
      data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use any robot, spider, scraper, or any other automatic or manual means to harvest, collect, gather or assemble information or data on the Site (except as strictly set forth in (vii) below); (iv) disable, impair, disrupt, overburden or otherwise interfere with the Site or any hardware, software, servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through hacking, password mining, or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site; (vii) decompile, reverse engineer, disassemble, derive the source code of or decrypts the Site or server hosting the Site; (viii) manipulate or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage located www.ecomadic.com; (ix) remove, obscure, or alters any proprietary notices (including any notice of copyright or trademark) of the Tripa or its affiliates, partners, suppliers or the licensors; (x) modifies, adapts, improves, enhances or makes any derivative work from the Site; (xi) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (xii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; or (xiii) accesses systems, data or information not intended by us to be made accessible to you.
  • 5.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, monitor your use of the Site, and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 17, and/or reporting you to law enforcement authorities. 4859-0347-4754 v.1 075264/00001, 11:06 AM, 12/07/2022 Page 3
  • 5.5 Feedback. If you provide TRIPA with any reviews, feedback, or suggestions regarding the Site (“Feedback”), you hereby assign to TRIPA all rights in such Feedback and agree that TRIPA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. TRIPA will treat any Feedback you provide to TRIPA as non-confidential and non-proprietary. You agree that you will not submit to TRIPA any information or ideas that you consider to be confidential or proprietary. You may not use any fake e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of the Feedback. You represent and warrant that all Feedback that you submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements.

6. Trademarks. TRIPA | Discover Your Career-Driven Purpose® is a registered trademark of TRIPA; retains all rights in and to its trademarks, service marks, logos, copyrighted works, or other intellectual property appearingin this website, registered or unregistered, and no rights in such materials are transferred or assigned to you.Other product and company names mentioned on this Site may be trademarks of their respective owners.

7. Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the UnitedStates, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that the information provided by you istruthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify and hold TRIPA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any, and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

9. Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRIPA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TRIPA DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIPA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TRIPA MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. TRIPA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.

10. Limitation of Liability. TRIPA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL,DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TRIPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR TRIPA WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRIPA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE AMOUNT YOU HAVE PAID TO TRIPA FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. TRIPA reserves the right, and you authorize us, to use and assign all information regarding site uses and all information provided by you in any manner consistent with our Privacy Policy.

12. Email and Electronic Transmission of Information. You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and the Site or between you and any other user via the Site are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to the Site or to other users via e-mail. Communications between you and TRIPA use electronic means, whether you use the Site or send us emails or whether TRIPA posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TRIPA in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TRIPA provides to you electronically satisfy any legal requirement that such communications be in a hardcopy writing and are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The foregoing does not affect your non-waivable rights.

13. Copyrights and Copyright Agent.If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

  • (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • (b) A description of the copyrighted work that you claim has been infringed;
  • (c) A description of where the material that you claim is infringing is located on the Site;
  • (d) Your address, telephone number, and e-mail address;
  • (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
  • By Mail: Copyright Notice of Claims3960 SW 195 Terrace, Miramar, Fl 33029
  • By Phone: +1 (954) 854-0755
  • By E-mail: info@tripa.ai

14. Dispute Resolution.Any dispute arising under this Agreement shall be settled by prior negotiations between the Parties upon written notice of a dispute. In case of failure to reach a written agreement between the Parties within one (1) month from the date of written notice, any dispute shall be finally settled under the Rule of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed accordance with the said Rules. The language to be used in the arbitral proceedings is English. The substantive law of Austria controls concerning the contractual relationship and to the arbitration agreement.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid. In that case, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of TRIPA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by TRIPA must be in writing and signed by an authorized representative of TRIPA.

17. Termination. Modification and Termination of the Website. TRIPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that TRIPA will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any service. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or permanently block your ability to use the Site (including your account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. You understand that any termination of your Account may involve deleting the User Content associated with your account from our live databases. TRIPA will not have any liability whatsoever to you for any suspension or termination of your ability to access or use the Site, including for termination of your account or deletion of your User Content. Even after the Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3 through 20. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations outlined in these Terms, including the right to block access from a particular Internet address to the Site. We may cooperate with legal authorities and/or third parties to investigate any suspected or alleged crime, a civil wrong, or misuse of the Site. Except as may be expressly limited by our privacy policy, we reserve the right at all times to (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

18. Relationship of the Parties. Nothing contained in this Agreement, or your use of the Site, shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party; both parties intend that each shall remain independent contractors responsible for its actions.

19. Entire Agreement. This Terms of Use constitutes the entire agreement between you and TRIPA, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic or oral or written, between you and TRIPA concerning this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. TRIPA may revise these Terms of Use by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments.

20. Contact Information. If you have any questions regarding these Terms of Use, please contact us at:

7. Copyright

7.1 Provider may not copy or distribute any of the content on this Site for commercial gain.

7.2 This information can be used for the User´s personal, non-commercial use, provided that no attempts are made to remove the identification logos appearing on relevant pages. Changing the pages or using the content in any other product without prior Provider’s consent will be considered a breach of the Provider´s copyright and may result in legal action.

7.3 For permission to use this content by the User, please contact info@tripa.ai.

7.4 No Circumvention or Reverse Engineering; Maintenance of Proprietary Notices. Licensee shall not, and shall not attempt to:

  • interfere with, modify or disable any features or functionality of the TRIPA platform, including, without limitation, any mechanisms used to restrict or control the TRIPA API, such as anti-circumvention measures;
  • translate, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure, or organizational form from the TRIPA API or the Licensed Materials;
  • defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection mechanisms for the TRIPA API or the Licensed Materials;
  • remove or modify any proprietary notices, attribution, or marks from or delivered as part of the Licensed Materials.