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Terms and Conditions

1. Introduction


1.1. These terms and conditions constitute a legal binding agreement between "Tropos Technologies" and any visitor, user, or member of our websites and the "apla" application (available at https://www.tropos.ai and https://www.getapla.com/. The "apla" application is available for download on the Google Play Store. Please read these terms carefully before using our websites or the "apla" application, or before purchasing any potential subscription packages. If you do not agree with these terms and conditions, please do not use our websites or the "apla" application, do not register as a member, and do not purchase any potential subscription packages.


1.2. By using our websites or/and the "apla" application or/and purchasing any potential subscription packages or/and registering as a member by creating an account, you fully and unconditionally accept these terms and conditions as they may be modified from time to time. We inform you that we reserve the right to change or modify these terms at any moment. Future modifications will be published on our websites or/and the "apla" application, and by continuing to use them or/and the "apla" application, you explicitly accept the modified terms. If you have provided us with your email address, we will notify you of any changes for your convenience. It is recommended to print a copy of these terms for future reference. If you disagree with the modified terms, you should not use the company's websites and services or/and the "apla" application. 


1.3. Using our websites or/and the "apla" application or/and registering as a member requires full legal capacity. Minors or individuals incapable of legal transactions are considered to have the consent of their parents or legal guardians.


1.4. These terms and conditions should be read in conjunction with our Privacy Policy (see here) and Cookie Policy (see here), which are integral parts of these terms and conditions. In case of any contradiction between these documents, these terms and conditions prevail.


2. About Our Company


2.1. "Tropos Technologies P.C." (hereinafter referred to as the "Company") is a private company specializing in optimization engineering in the foodservice industry, aiming to develop and provide digital solutions and tools both domestically and internationally. The Company is located in Athens, at Zalokosta St. No. 8, Postal Code 10671, with VAT ID 802159485 of the Athens Tax Office D' and G.E.MI number 171160201000 and has developed an application named “apla”, which provides a digital supply chain solution and related management services for the foodservice industry and its suppliers (including hotels, restaurants, patisseries, bakeries, etc). The application is available for download on the Google App Store.


3. Definitions


3.1. "Foodservice business(es)" refers to any restaurant, tavern, cafe, bar, hotel, patisserie, bakery or generally any business operating in the food, catering, accommodation, and tourism sector, or/and providing, preparing, cooking, or offering food or drink products.


3.2. "Supplier" means any natural or legal person who provides goods, ingredients, materials, or services to the Foodservice businesses within the food service industry. This includes, but is not limited to, suppliers or vendors of food products, beverages, kitchen supplies, packaging materials, and other consumables or equipment necessary for the operation of the Foodservice businesses. Suppliers are responsible for ensuring that all products and services meet the agreed-upon specifications, quality standards, and regulatory requirements.


3.3. "User" or “Member” means every user or member of the Company's websites or/and the "apla" application (available at https://www.tropos.ai and https://www.getapla.com/, and on the Google Play Store). This term includes the Foodservice business, the Supplier or any legal or natural person who uses the Application


3.4. "Application" or “Apla” refers to the "apla" application, offered through the website https://www.getapla.com/ or through the Google App Store.


3.5. "Subscription package(s)" means any potential financial subscription package offered by the Company for providing its services and access to the digital tools through its websites and the Application, following a commission or a fee payment either as a one-off or under a monthly or annual subscription, as detailed on the Company's websites from time to time.


3.6. "Content" means any content or element of our websites or/and the "apla" application that constitutes intellectual property.


3.7. The use of second person plural or personal pronouns, such as "you" or "your", refers to the User or Member as appropriate.


3.8. The use of first person plural or personal pronouns, such as "we" or "us", refers to the Company.


4. "Apla" application


4.1. The Company has developed a SaaS application named "apla", available at https://www.getapla.com/ and on the Google Play Store. This application is a digital supply chain solution for the foodservice industry that simplifies and optimizes the procurement process. It connects Foodservice businesses directly with Suppliers, enabling seamless order placements, real-time communication, and data-driven inventory management. In particular, Apla allows the Foodservice businesses to browse and contact Suppliers to place orders for food and/or other goods offered by those Suppliers. 


4.2. The Supplier provides information about their products and possible services in the Application, including but not limited to information on product characteristics, allergens and prices. If your Foodservice business or any User requires information about allergens, dietary restrictions, or any other product details, please contact the relevant Supplier directly. The Supplier is responsible for providing accurate, up-to-date and legally required information about the products. This includes, inter alia, providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Supplier’s products and possible services may be subject to additional terms and conditions of the Supplier on a case-by-case basis.


4.3. The Application is available online, and all data and information are stored in the cloud, ensuring flexibility, availability, scalability, and protection during management and processing.


4.4. To access the services and information offered by the Application, you may need to purchase one of the potential financial subscription packages offered from time to time on our websites, after first creating an account and registering as a Member, according to the specifics set out in section 5 below. From time to time, we may offer the Application or certain features of the application free of charge for specific temporary periods. The duration and conditions of these periods are determined at our sole discretion and will be subject to change with our prior notice. During these periods, all terms and conditions of the regular use of the application still apply, except for the waiver of any fees that are normally charged.


5. Registration 


5.1. Registering for the Application and obtaining membership status requires acceptance of these terms and conditions. It also requires creating a Member account through Google or Facebook authentication. 


5.2. The registered Member is solely responsible for securely keeping the account information and personal details. If registration is made by a natural person on behalf of a legal entity, the natural person guarantees it has the necessary permission both for creating the Member account and for entering data and information into the Application.


5.3. The Company reserves the right to reject or terminate your registration if you do not comply with these terms and conditions, subject to the relevant obligations of the applicable legislation at any time.


5.4. The Member may voluntarily delete their account by clicking on the "Delete" button located in the Profile section. Please note that this action is not reversible. If the Member changes their mind after deletion, they will have to create an account again.


6. Subscriptions Packages


6.1. The current subscription packages we offer include the following features:


a) Standard

Supplier and Product Search

Suppliers’ contact information

Order Management

Access to Analytics

Choice Chips and Recommendation Navigation


(Note: For a temporary period, this service is free of charge. Commission fees will be introduced once order placement and purchase capabilities become available, or if we notify you in advance. Charges will apply following prior notice.)

 

b) Premium

Menu Engineering

Inventory Management


(Note: In this subscription, the Food Cost Calculation does not consider labor costs as reflected in each menu item, nor the fixed costs of the business, such as rent, utility bills, electricity, etc.)


6.2. The cost of any potential subscription packages is displayed on our website at https://www.getapla.com/ and includes the applicable Value Added Tax (VAT). If VAT is applicable, the User pays the cost to our Company. Subscription payment is made in full at the beginning of the subscription period, and refunds are not available. Special terms and conditions apply to Suppliers on a case-by-case basis.


6.3. Subscription packages can be purchased through credit/debit card or by depositing into our Company's bank account, which we will notify upon your contact. Our Company does not collect or store any card payment details. All credit/debit card transactions are redirected and executed through Wix and Stripe's secure systems. All card and payment details are transferred using encryption. Payment is completed within Stripe's systems.
 

6.4. Your subscription will continue until terminated. This means that at the end of your subscription period, you will be automatically charged for the subscription package you had chosen if you paid via credit card, unless you cancel your subscription before the next billing date. By continuing, you authorize us to charge the subscription package for the next billing cycle to the payment details you have provided. If you paid via debit card or bank deposit to our Company's account, and do not make another deposit for your subscription, your access to the Application will automatically terminate.


6.5. If our terms and conditions change and our prices and billing policies are restructured, the new fees and costs will not affect current subscriptions but will apply to new or renewed subscriptions. 


6.6. Subscription cancellation can be done via email to info@tropos.ai or by phone communication with a representative of our Company, or through the Application as set out in 5.4.


7. Grant of licence


7.1. Subject to your compliance with these terms and conditions, we grant you a non-exclusive, non-transferable, revocable, and limited right to access, download, view, and use the Application exclusively for personal and non-commercial use. This license does not grant you any title or ownership in our Application or on our websites or any other element of our intellectual property and should not be construed as a sale or transfer of any intellectual property rights.


7.2. Purchasing any subscription package grants you the right to use the Application and any service or function offered through it for the duration specified, in accordance with the subscription package you have purchased. If you continue your subscription as per section 6.4 above, this right is extended for an equivalent period each time. Further, it is clarified that this right is granted exclusively for one User. It is strictly prohibited to purchase any subscription package and use it in more than one Foodservice business or Supplier. If you wish to use the services and functions of the Application in more than one Foodservice business or Supplier, then you must make corresponding purchases of the subscription packages you desire, as needed.


8. Storage and Data Management


8.1. During your subscription, you can enter, upload, edit, and store various data and information in the Application, such as recipes, materials, semi-processed recipes, ingredients, photos, and other information related to the promotion of your business. This data and information are accessible to other Users only if they are necessary for the operation and provision of our and your services.


9. Intellectual Property Rights


9.1. Our Company is the exclusive owner of the intellectual property rights of all elements or the entirety of the websites, software, visuals, and the Application, excluding cases where our Company uses third-party intellectual property rights legally. Texts, logos, trademarks, videos, visuals, source code, and any other element or content related to our websites and the Application that constitutes intellectual property are owned by our Company, excluding cases of using third-party Content legally.


10. Prohibitions


10.1. It is strictly prohibited, unless we have given you our express and written consent, to:


a) Exploit the Content of our websites and/or the Application for commercial purposes that is not related to the provision of our services, such as selling, renting, and sublicensing our software and the data and information offered through the Application for purposes inconsistent with the use of our services.
b) Use our websites and/or the Application in any way that is illegal, unethical, or harmful.
c) Use the services, information, and data offered by the Application in more than one Foodservice business or Supplier, for example, by entering recipe and material information for the analysis of menu codes of more than one food service business, unless you have purchased a corresponding number of subscription packages. In particular, Suppliers are prohibited from posting and uploading products or content that are illegal under applicable law.
d) Republish our websites and the Application or their Content (including republishing on another website) in violation of these terms and conditions.
e) Publicly present any Content without our consent.


11. Disclaimer of Liability


11.1. Our Company's websites and/or the Content contained in the Application are provided "as is" and "as available" in accordance with these terms and conditions.


11.2. We expressly disclaim all warranties of any kind, regarding the suitability and validity of the information provided, as it largely depends on data and elements you enter, modify, store, and process. The analyses offered through the application are approximate and cannot be considered as accurate analyses in any case. We are also not responsible for data or information derived from you or external links or partners or Users.


11.3. Our Company bears no liability for any direct or indirect, financial, tax, administrative, civil, or criminal damage that may arise or relate to the use of our websites or the Application or the performance of the information, data, and elements provided by us or other Users to you.


11.4. If this limitation of liability is deemed unenforceable by any court or authority, you expressly agree that we are only liable in cases of intentional misconduct or gross negligence and only if the damage arose exclusively from our actions or omissions. In no event shall our liability exceed the amount you have paid for the subscription package. We recommend using the data and information accessible through our Application as guidelines for making informed decisions and not relying solely on them.


11.5. Given that the Application is hosted on a third-party cloud, we expressly declare that we bear no responsibility for the availability and security of your data, nor for any technical issues you may encounter during your access and use of the Application or while browsing it, if related to the acts, omissions, or technical infrastructure of these third parties. Where our websites or the Application contain links to third-party websites, our Company is not responsible for the content of these websites or any damage or loss caused to you by these websites.


11.6. The Application facilitates the connection between Foodservice businesses and Suppliers, simplifying the procurement process by allowing Users to place orders, communicate with each other, and browse available products. However, our Company is not responsible for any transactions, communications, agreements, or disputes that occur between Foodservice businesses and Suppliers or for any other related misconduct occurring due to the use of the Application.The Foodservice businesses and Suppliers are solely responsible for the terms of their transactions, including but not limited to the quality, safety, and legality of the products, the accuracy of the listings, and the ability of Suppliers to provide the products and services they advertise or upload or claim that they have. Our Company does not guarantee the performance or conduct of any User on the Application and is not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the interactions, agreements, or transactions between Foodservice businesses and Suppliers, including but not limited to any disputes, product liability, or breach of contract. By using the Application, Users acknowledge and agree that our Company is not a party to any transactions or agreements between Foodservice businesses and Suppliers, and Users release our Company from any claims, demands, and damages arising out of or in any way connected with such disputes.


12. Temporary Access Interruption – Force Majeure


12.1. In case of a temporary interruption of your access to the Αpplication due to our exclusive technical problems, you are not entitled to an extension of your subscription or any compensation. A temporary interruption of access is defined as a period of up to one month. If the interruption of access to the Application exceeds one month, your subscription will be correspondingly extended. In no case are you entitled to any compensation or refund. If your access to the Application is free of charge, you are not entitled to any extension for any reason.


12.2. In case of force majeure, as defined by Greek jurisprudence, we are relieved from the obligation to fulfill our obligations for as long as the force majeure event lasts.


13. Miscellaneous 


13.1. These terms and conditions describe the final binding agreement between the Company and any visitor, user, and/or member of our websites and the Application (including Foodservice businesses and Suppliers).


13.2. If any term is deemed invalid, illegal, unenforceable, or abusive, the remaining terms remain in full force and effect.


13.3. The operation of the Application can be terminated at any time without prior notice to its Users. In this case, there can be no refund, and the Users of the Application expressly and unconditionally waive any claim for a refund.


14. Applicable Law and Competent Jurisdiction


14.1. This agreement and any disputes arising from the application of these terms and conditions shall be governed and interpreted in accordance with Greek Law.


14.2. The parties agree to perform their obligations arising from the terms of this agreement in good faith and diligence. In case of failure to amicably resolve any dispute that may arise, the competent courts for resolving such dispute shall be the Courts of Athens.


Athens, Greece
24 Mai 2024

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