1. Who these terms are between
"Talos", "we" or "us" means Talos BV, Groeningenlei 74/2, 2550 Kontich, Belgium (KBO/BCE 0XXX.XXX.XXX).
"Customer", "you" or "your" means the legal entity that subscribes to the Talos service, and its authorised users.
2. The service
Talos is a subscription-based fleet intelligence platform for heavy machinery. It ingests telematics data (from OEM feeds, our edge devices, or third-party integrations) and presents it as dashboards, alerts, reports and API endpoints.
We may release new features, improve existing ones, or retire features that are no longer maintained. Material reductions in advertised functionality will be communicated to account admins at least 30 days in advance.
3. Accounts and access
- You are responsible for keeping your credentials confidential and for all activity under your account.
- You must be at least 18 and legally able to enter into contracts.
- You are responsible for the acts and omissions of anyone you invite to your workspace.
- You must notify us promptly at security@talos.be if you suspect unauthorised access.
4. Fees, invoicing and taxes
- Subscription fees are set in your Order Form and invoiced in advance, per the agreed billing cycle.
- Prices exclude VAT and any other applicable taxes.
- Invoices are payable within 30 days of the invoice date, unless otherwise agreed in writing.
- Late payments accrue interest at the statutory Belgian commercial rate, plus a fixed recovery indemnity as permitted by law.
5. Acceptable use
You agree not to, and not to permit others to:
- Reverse engineer, decompile or attempt to derive source code, except where mandatory law permits.
- Use the service to violate law, infringe rights, or send unsolicited communications.
- Interfere with, probe or disrupt the service or its infrastructure.
- Use the service to build a competing product, or to benchmark it without our written consent.
- Upload personal data of individuals without a lawful basis to do so.
6. Customer data and privacy
You retain all rights to Customer Data, including telematics and fleet data. We process it on your behalf as a processor, under the Data Processing Agreement, which is incorporated into these Terms by reference.
You are responsible for having a lawful basis to collect and share the data you route through the service (for example, telling operators that their machines are tracked, where required).
7. Intellectual property
The Talos platform, software, documentation, logos and trademarks are and remain the property of Talos BV. We grant you a non-exclusive, non-transferable right to use the service during your subscription, subject to these Terms.
Feedback you send us may be used to improve the service without obligation or attribution.
8. Service level and support
Standard support is included in every plan, via email at hello@talos.be. Uptime commitments, response times and escalation paths are set in the Service Level Agreement attached to your Order Form.
9. Warranties and disclaimers
We will provide the service with reasonable care and skill and in accordance with our published documentation. Except as expressly stated, the service is provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including fitness for a particular purpose and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, punitive or special damages, or for loss of profits, revenue, data or goodwill.
Our total aggregate liability arising out of or in connection with these Terms in any 12-month period will not exceed the fees paid by the Customer to Talos in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded by law (including gross negligence, wilful misconduct or death and personal injury caused by negligence).
11. Term and termination
- The subscription runs for the term set in the Order Form and renews automatically for successive terms unless either party gives written notice at least 30 days before the end of the current term.
- Either party may terminate for material breach if the breach is not cured within 30 days of written notice.
- On termination, you may export your data for 30 days, after which we will delete it as described in the DPA.
12. Governing law and venue
These Terms are governed by the laws of Belgium. Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts of Antwerp, Belgium.
13. Changes
We may update these Terms to reflect changes to the service or the law. We will notify account admins at least 30 days before material changes take effect. Continued use after the effective date means acceptance.