Terms and conditions
The terms for ActARion proposals, pilots, implementations and licences.
Short answer
These terms and conditions apply to all offers, agreements and services of Actarion, including implementation, pilots, enablement and platform licenses for AI-generated, AR-guided work instructions. They set out the rights and obligations of Actarion and its customers, including fees, intellectual property, confidentiality, data protection and liability.
1. Definitions
In these terms: ActARion means ActARion B.V.; Customer means the organisation that enters into an agreement with ActARion; Services means implementation, pilots, workshops, enablement and support by ActARion; Platform means the DeepSight software for which ActARion supplies licences; Agreement means the arrangement between ActARion and the Customer, including the proposal and these terms.
2. Applicability
These terms apply to all proposals, agreements and services of ActARion. Deviations only apply if agreed in writing. The Customer's purchasing or other terms do not apply unless ActARion accepts them in writing.
3. Offers and agreements
Proposals from ActARion are without obligation and valid for 30 days unless stated otherwise. An agreement is concluded when the Customer accepts the proposal in writing or by email, or when ActARion starts work at the Customer's request.
4. Services: implementation, pilot and enablement
ActARion performs the Services to the best of its knowledge and ability. Scope, timeline, KPIs and deliverables of a pilot or implementation are set out in the proposal. A pilot is intended to demonstrate value; its outcome also depends on the Customer's involvement and data.
5. Platform licenses (DeepSight)
Use of the Platform is subject to DeepSight's licence and terms of use, which ActARion provides with the proposal. The licence is non-exclusive, non-transferable and applies for the term and the number of users or devices in the proposal.
6. Customer obligations
The Customer provides, in good time, the information, access to sites and systems, contacts and staff needed for the work. The Customer is responsible for the accuracy of the procedures and instructions it supplies and for their safe use on the shop floor.
7. Fees and payment
Fees are set out in the proposal and exclude VAT. The Customer pays invoices within 30 days of the invoice date. Late payment incurs the statutory commercial interest. Licences are invoiced in advance per contract period unless agreed otherwise.
8. Intellectual property
The Customer remains the owner of its own content, such as work instructions, photos, videos and procedures. All rights to the Platform belong to DeepSight; rights to ActARion's methods, templates and materials remain with ActARion. The Customer receives a right of use for the term of the Agreement.
9. Confidentiality
Both parties keep the other party's confidential information secret and use it only to perform the Agreement. This obligation continues after the Agreement ends.
10. Data protection and processing agreement
If ActARion processes personal data on behalf of the Customer, the parties conclude a data processing agreement in line with the GDPR. ActARion processes such data only on the Customer's instructions. See also our privacy policy.
11. Liability
ActARion's liability is limited to direct damage and to no more than the amount the Customer paid under the Agreement in the three months before the event causing the damage, or the amount paid since the last approved project milestone if that period is shorter. ActARion is not liable for indirect damage such as consequential loss, lost profit or production loss. These limits do not apply in case of intent or wilful recklessness.
12. Force majeure
In case of force majeure, such as failures at suppliers or in internet and telecom connections, government measures or other circumstances beyond ActARion's control, obligations are suspended. If force majeure lasts longer than 60 days, either party may terminate the Agreement in writing.
13. Term and termination
The term is set out in the proposal. Licences renew automatically for the same period unless a party gives written notice at least two months before the end. Either party may terminate the Agreement immediately in case of bankruptcy or a material breach not remedied within 30 days of written notice.
14. Applicable law and disputes
The Agreement is governed by Dutch law. The parties first try to resolve disputes by mutual consultation; failing that, the competent court in the Netherlands decides.
