Terms and Conditions
1. Agreement Acceptance
- 1.1 By creating an account, placing an order, or using our Website, you signify your agreement to these Terms and Conditions. If you do not agree to these terms, you are not permitted to use TropiTrade’s services.
1.2 Definitions
- 1.2.1 End Users: Individuals who directly interact with our services for personal use through their TropiTrade account.
- 1.2.2 Business Users: Entities that utilize our services and provide us with their customers’ personal information for their business operations.
- 1.2.3 End Customers: Individuals who receive services ordered by other owners of TropiTrade accounts.
- 1.2.4 Applicants: Individuals who apply for positions at TropiTrade.
1.3 Scope and Binding Nature of Terms
- 1.3.1 These Terms and Conditions constitute a legally binding agreement between you (“Customer” or “you”) and TropiTrade, governing your use of our products and services offered through our website (“Website”). You can find the terms on our website [URL of TropiTrade’s website]. TropiTrade will only consider alternative clauses through an explicit written agreement.
1.4 Representation
- 1.4.1 If you accept these Terms and Conditions on behalf of an employer or another legal entity, you warrant that you have full legal authority to bind your employer or such entity to these terms.
1.5 Privacy Policy
- 1.5.1 Your personal data submitted to TropiTrade or collected by TropiTrade about you is governed by our Privacy Policy, which forms an integral part of these Terms and Conditions. You acknowledge having reviewed the Privacy Policy, available on our website.
1.6 Dispute Resolution
- 1.6.1 These Terms and Conditions include terms for dispute resolution through arbitration and a prohibition on class action lawsuits. Please carefully review these provisions as they affect your legal rights, including your right to opt out of arbitration.
2. Description of Services
2.1. Accessing Services
TropiTrade provides a global eSIM platform that facilitates accessible international connectivity via eSIM technology. We offer comprehensive voice, text, and data packages in multiple countries, which can be activated immediately on compatible devices, thereby reducing reliance on traditional SIM cards.
2.2. Account Registration and Management
To utilize our services, customers are required to create an account with TropiTrade. During this registration process, you will be asked to provide personal information such as your name, address, telephone number, and email. It is essential that all information remains accurate and up-to-date. You are solely responsible for the confidentiality and security of your account details, including your login and password. TropiTrade is not liable for any unauthorized access to your account. Immediate notification to TropiTrade is required if there is any unauthorized use or security breach of your account.
The primary registrant of the services will act as the “Account Owner,” responsible for complying with these terms and reaping all associated benefits. If a business entity registers the account, it will be recognized as the Account Owner. Account privileges are non-transferable.
2.3. Customer and Business Information Requirements
All customers, encompassing end users, business users, and those receiving services through another customer’s account, need to agree to our General Terms and Conditions:
- End Users must provide essential details such as first and last names, and email address for personal transactions.
- Business Users require additional information including the company’s name, address, and other contact details to customize services according to business needs.
- Service Recipients will have their details managed by the initiating account owner.
We reserve the right to request additional information as needed to adapt our services to evolving requirements and to enhance user experiences, while respecting privacy laws.
2.4. TropiTrade Engagements
We strive to provide reliable and high-quality services but do not guarantee uninterrupted or flawless service delivery.
2.5. User Conduct and Device Compatibility
Customers must not engage in any activity that is illegal, abusive, or that could damage the network or impair service delivery. Non-compliance may result in suspension of services, though financial obligations continue during any such suspension.
It is the customer’s responsibility to ensure that their device is eSIM compatible and not restricted by network locks. A list of compatible devices is provided during checkout, which customers must review to confirm compatibility. This list is periodically updated to include new compatible devices.
3. Contract Initiation, Duration, and Termination
3.1. Initiation of Contract
The contract between TropiTrade and the Customer is established once the Customer completes an order through the TropiTrade website (https://www.tropitrade.com, including any associated subdomains), on affiliated platforms, or through any TropiTrade product that facilitates order placement.
3.2. Activation and Responsibilities
It is the responsibility of the Customer to activate the eSIM and adhere to the Activation Policy provided at the time of purchase.
3.3. Termination of Contract
For individual users (End Users), the contract terminates if there is no active data package or if the eSIM is removed from the device. In contrast, for business clients (Business Users), contract termination is contingent upon the specific terms outlined in any agreement they may have with TropiTrade. If there is an agreement in place or ongoing participation on a partnered platform, the contract remains active, regardless of eSIM status or active data packages. This approach reflects a sustained commitment and partnership between TropiTrade and the Business User.
4. Payment and Charges
4.1. Payment Processing
Customers are required to make payments and cover any associated expenses through a designated third-party payment processing system (“PSP”), such as Stripe. To utilize these services, customers must establish an account with the PSP, agree to its terms of service, provide payment details, and complete any necessary vetting process (referred to as the “PSP Services Agreement”). By accepting these Terms of Service, customers confirm their understanding and agreement to the PSP Services Agreement. Please note that TropiTrade is not a participant in the PSP Services Agreement and holds no responsibility or liability under it, as the contract is solely between the customer, the PSP, and any other parties involved.
4.2. Taxation on Services
Prices and fees for services listed on TropiTrade do not include applicable taxes such as VAT, sales, goods, and services taxes, unless explicitly stated. These taxes are calculated based on the rates applicable to the billing address you provide and are added at the time the transaction is charged to your account.
4.3. Payment Methods and Currency
TropiTrade accepts several payment options, including Credit/Debit Card, Google Pay, and Apple Pay. While transactions are predominantly processed in US Dollars ($), TropiTrade also supports payments in Euros (€), catering to a broader international audience. Credit card transactions are securely managed by recognized PSPs, such as Stripe.
4.4. Automatic Renewals for Convenience
To ensure continuous service without interruption, TropiTrade offers an automatic renewal option:
- Automatic Charges: Renewal fees are automatically billed to the customer’s preferred payment method as their service period approaches expiration, ensuring uninterrupted service.
- Cancellation Policy: Customers can cancel their automatic renewal service at any time. The cancellation will take effect at the end of the current billing period, permitting continued access to the service until then. To cancel, customers may adjust their settings directly within their TropiTrade account or seek assistance from our support team.
4.5. Invoicing
TropiTrade systematically issues invoices to Business Users for the use of services:
- Issuance of Invoices: Detailed invoices are provided to Business Users, outlining all charges incurred during the billing period for full transparency.
- Payment Obligations: Payments must be made by the due dates specified on the invoices to avoid interruptions in service and potential additional charges, such as late fees or interest on overdue amounts.
- Currency of Invoices: Invoices are primarily issued in US Dollars ($), but invoicing in Euros (€) is also available, depending on the preferences or agreements with Business Users.
By providing diverse payment options and a transparent invoicing system, TropiTrade aims to accommodate the various financial needs of its customers while ensuring clarity and accountability in all financial transactions.
5. Delivery
5.1 Delivery to End Users
Upon purchase, End Users will receive their eSIM details directly via a confirmation email. This email will include all necessary information for installing and activating the eSIM, ensuring that users can start using their service promptly and efficiently. All relevant details are securely managed and accessible through the user’s TropiTrade account.
5.2 Delivery to Business Users
Business Users will receive eSIMs and associated top-up packages directly through their registered email, which are also managed on the Partner Platform. This method facilitates efficient handling and deployment of eSIMs tailored to meet the specific needs of each business operation.
5.3 Tailored Delivery Methods
Understanding the diverse needs of our customers, TropiTrade delivers its products and services primarily via email, tailored to the specific integration methods and service requirements of our users. This approach ensures a swift and secure delivery of services to both End Users and Business Users.
6. Refund/Cancellation/Modification Policy
6.1 Refund and Replacement Policy
Customers have the right to request a refund or replacement of their eSIM if they cannot use the services due to an error on our part. Refund requests must be submitted within thirty (30) days from the date of purchase. However, we are not obligated to issue a refund if we resolve the issue within 10 days of being notified. Customers must cooperate with our efforts to solve the problem, and failure to do so may result in the denial of a refund. It is important to note that each data package has a specific validity period, and no refunds will be provided for unused data once this period expires.
6.2 Exceptions to Refund Policy
- Compensation for External Costs: No refunds will be provided for costs incurred through alternative phones, SIM cards, service providers, or any other charges unrelated to the direct services provided by us.
- Fraudulent Purchases: We reserve the right to refuse refunds in cases of suspected abuse, violation of our Terms and Conditions, or fraudulent activity associated with the use of our services.
- Unauthorized Purchases: Customers must notify us immediately of any suspected unauthorized purchases. These cases will be investigated, and refunds will only be processed upon confirmation of the issue.
- Accidental Purchases: Once an eSIM is installed, it is considered used, and no refunds are available unless explicitly stated otherwise.
- Disputed Charges: If a charge is disputed in good faith, customers must notify us within twelve (12) days of the charge, explaining why it is incorrect and, if possible, what they believe the correct charge should be.
6.3 Replacement of eSIMs
eSIMs purchased with promotional credits can be replaced within 30 days of purchase, subject to our review and approval.
6.4 General Refund Inquiries
For any refund requests not covered above, we will assess them on a case-by-case basis. If approved, a processing fee may apply. The amount refunded will not exceed the total amount paid by the customer.
6.5 Refund Process
To initiate a refund, customers should contact our support team via web chat. We may request additional information to support the refund request, such as screenshots or detailed explanations of the issue. Refunds can be issued back to the original payment method or as store credit, depending on the customer’s preference. Once issued, refunds may take up to thirty (30) business days to process, depending on the customer’s bank.
6.6 Purchases Through Resellers
Customers who purchase our services through a reseller must request refunds directly from the reseller, as we do not handle refunds for these transactions directly. We are committed to customer satisfaction but must adhere to our resellers’ policies for transactions made outside our direct sales channels.
6.7 Business User Refunds
For transactions made directly with us by business users, refunds may be processed as credits or credit notes, offering flexibility for future purchases or services.
7. eSIM Activation and Expiration
To ensure optimal service, customers must activate their purchased eSIMs within the specified time frame as outlined in the activation guidelines provided at the time of purchase. It is crucial that users activate their eSIMs within this period to avoid expiration. An expired eSIM becomes unusable and cannot be reactivated; the customer will need to purchase a new eSIM to continue service. Users are encouraged to carefully follow the activation guidelines to facilitate a smooth activation process.
8. Pricing and Promotions
8.1 Pricing Policy
The prices of our eSIM packages and related services are set according to current market conditions and operational costs. Prices may vary for End Users and Business Users to reflect tailored services and volume-based offerings. We reserve the right to adjust prices based on factors including market trends, exchange rates, and changes in operational expenses. Our commitment is to offer competitive and fair pricing while maintaining high-quality service standards.
8.2 Promotions
From time to time, we may offer promotional pricing on eSIM packages for a limited duration. These promotional offers will be subject to specific terms and conditions, which will be clearly communicated during the promotional period. Following the conclusion of a promotion, standard pricing resumes. We reserve the right to modify or discontinue promotions at our discretion without prior notice.
8.3 Communication of Price Changes
We strive to inform customers of any significant changes to pricing as promptly as possible. However, the dynamic nature of pricing factors may affect the immediacy of these notifications. Customers are advised to regularly check our website or contact our support team for the latest pricing information.
8.4 Specific Provisions for Business Users
Business Users should consult our designated platforms for pricing relevant to their specific needs, ensuring they receive information and pricing strategies that align with their operational requirements. For detailed inquiries, Business Users are encouraged to reach out directly to our support team.
8.5 Promotional Campaigns
We run various promotional campaigns, such as the Free Welcome eSIM program, aimed at both new and existing customers under the following conditions:
- The program is available to first-time users or existing users who have not previously made any transactions.
- Eligibility requires signing up for an account. Users with multiple registrations under different emails on the same device are not eligible for additional free eSIMs.
- The free eSIMs offered are intended for personal use and cannot be exchanged for cash or other products.
- Users participating in other campaigns remain eligible for this promotion if they meet the necessary criteria.
- We reserve the right to cancel any free eSIM obtained through fraudulent activities and may suspend associated accounts.
We also reserve the right to change or end the Free Welcome eSIM program at any time without notice, including altering the terms and eligibility requirements.
9. Compliance with Local Regulations
When utilizing our services, users agree to adhere to all relevant local laws and regulations applicable to the use of telecommunications services and mobile device registration in their respective countries. Necessary actions may be taken on behalf of the user to ensure compliance with these local requirements.
By accepting our Terms and Conditions, users consent to the use of their personal data in line with local data protection laws to facilitate these compliance efforts.
9.1 Regulatory Requirements in Colombia
Users in Colombia must comply with the regulations outlined in Resolution 5050 of 2016 issued by the Colombian Telecommunications Commission (CRC). This includes registering the IMEI number of their mobile phones in the CRC’s IMEI database as a preventative measure against theft and illegal trafficking. Users declare that they are the rightful owners of their devices, that the devices were acquired legally, and that they are unaware of any tampering with the device’s IMEI. Users also accept all legal consequences should any tampering be discovered. To aid in this process, users authorize us to complete necessary actions, including the declaration of sole ownership, to ensure compliance with CRC regulations.
Additionally, users authorize the use of their personal data for the aforementioned purposes in accordance with Decree 1377 of 2013.
10. Location Information Management
We collect and process geographical location data, including GPS coordinates, IP addresses, Wi-Fi access points, and cell tower details, to enhance service delivery and personalize the user experience. By using our services, users consent to such tracking, which supports location-based services and improves overall service quality. This data may be shared with third-party providers under strict compliance with privacy laws.
Users have the ability to manage location tracking through their device settings, though disabling this feature may limit certain functionalities. We are committed to maintaining robust security measures, appropriate data retention periods, and compliance with all relevant data protection legislation. Updates to this policy will be communicated as necessary, and users are encouraged to reach out to our customer support team with any questions about our location tracking practices.
11. User Responsibilities and Legal Compliance
11.1 Legal Capacity and Authority
Users affirm that they are at least 18 years old or of the legal age required in their jurisdiction, capable of entering into legally binding contracts. Users who enter into this Agreement on behalf of a company or other organization confirm that they have the authority to act and bind that entity to this Agreement.
11.2 Compliance with Terms and Laws
Users agree to read, understand, and abide by these Terms of Service and the accompanying Privacy Policy. Users also agree to act in accordance with all applicable local, state, and federal laws and in good faith when accessing or using the Services.
11.3 Prohibited Activities
Users must refrain from engaging in activities that include, but are not limited to:
- Unauthorized copying, distribution, or disclosure of any part of the Services.
- Using automated means, such as robots or spiders, to access the Services, except for features provided through the Services.
- Sending spam or other unsolicited communications or engaging in phishing or other deceitful practices.
- Compromising system integrity or security or attempting to access servers without authorization.
- Violating any laws, including international, federal, state, or local regulations.
- Conducting unlawful activities or soliciting others to perform unlawful acts.
- Uploading or transmitting invalid data, viruses, or harmful software agents.
- Infringing on intellectual property rights.
- Misrepresenting one’s identity or affiliations.
- Engaging in harassment or other actions that infringe on others’ legal rights.
- Interfering with the performance, security, or proper functioning of the Services.
- Attempting to reverse engineer any part of the Services.
- Bypassing security measures or restrictions implemented by us.
11.4 Disclosure of Motivations or Conflicts of Interest
Users warrant that they do not have undisclosed motivations or interests related to their use of the Services that could be deemed relevant by us, including using the Services for journalistic, investigative, or unlawful purposes. Users agree to promptly disclose any such motivations, statuses, or interests in writing should they arise during the use of the Services.
11.5 Software Installation and Updates
By installing any applications or software related to the Services, users consent to the installation of the software and any subsequent updates or upgrades. The software may:
- Cause the user’s device to communicate with our servers to enable functionality and record usage metrics.
- Affect application-related preferences or data stored on the user’s device.
- Collect personal information as outlined in our Privacy Policy, including location information.
Users may uninstall the software at any time, following standard uninstallation procedures on their device.
12. Termination and Suspension of Services
12.1 Termination by Either Party
These Terms of Service may be terminated by either the customer or us for any reason, or for no reason, at any time. Customers wishing to terminate their accounts may do so by using the designated features within the Services (if available) or by sending a written notice to our support team. Upon termination, customers will lose access to their accounts, profiles, and all associated information.
12.2 Survival of Provisions
Certain provisions of these Terms of Service are intended to survive termination and will continue to be enforceable, including, but not limited to, disclaimers of warranties, limitations of liability, and indemnification obligations.
12.3 Refusal and Restriction of Service
We reserve the right to refuse service to anyone at any time for any reason. Additionally, we may terminate or restrict a customer’s use of the Services if there is an investigation or belief that the customer has violated any part of this Agreement. Such termination or restriction will be effective immediately upon delivery of notice to the customer.
Customers who have their service terminated or restricted are prohibited from re-registering under their own name, a fictitious name, or the name of any third party, even if acting on that party’s behalf.
12.4 Post-Termination Actions
Following termination, this Agreement will still be enforceable against the customer. We reserve the right to take legal action, including arbitration as outlined in Section 19 of these Terms of Service, if necessary.
12.5 Service Modification or Discontinuance
We reserve the right to modify or discontinue, temporarily or permanently, any or all parts of the Services at our sole discretion. We are not liable for any modification or discontinuance of the Services. We also retain the right to restrict user registration if we believe it necessary to maintain the safety and integrity of the Services or to address other reasonable business concerns.
12.6 Data Deletion Following Termination
Upon termination or cancellation of a customer’s account, we may delete all associated data as part of our standard operational procedures. Once an account is terminated or canceled, any data stored within it cannot be recovered.
13. Links to External Websites
13.1 Overview
Our Services may provide links to websites operated by third parties. These links are offered for your convenience and do not imply our endorsement of these sites or their content. We do not control these websites and are not responsible for their content, functionality, or availability.
13.2 User Due Diligence
You should assess the value and accuracy of the content on these third-party websites. Your interaction with and reliance on any third-party content is solely at your own risk. We disclaim any liability associated with your use of third-party websites.
13.3 Integration with Third-Party Services
You may link your account with third-party service providers, such as social media platforms, by:
- Providing your third-party account credentials through our Services.
- Authorizing us to access your third-party accounts in accordance with their terms of service.
By linking your accounts, you affirm that you are authorized to share your third-party account details with us and allow us access, consistent with the terms of those accounts. Integrating your accounts allows us to:
- Access and store any content you have made available in your third-party accounts to ensure it is accessible through our Services.
- Exchange information with your third-party accounts as detailed at the time of linking.
13.4 Responsibility for Third-Party Relationships
Your relationships with third-party service providers are governed by your agreements with them. We are not responsible for the content provided by any third-party services and do not review it for accuracy, legality, or non-infringement.
13.5 Disconnecting and Changes
You have the ability to disconnect the integration between our Services and your third-party accounts at any time. Should the third-party service become unavailable or our access be terminated, content from these accounts may no longer be accessible through our Services. We reserve the right to remove or limit any third-party links at our discretion.
14. Intellectual Property and Usage Rights
14.1 Proprietary Rights
All materials displayed on the Services, including texts, graphics, logos, photographs, audio and video clips, and software (collectively, “Proprietary Materials”) are owned by or licensed to the Service Provider. These materials are protected under both domestic and international intellectual property laws. Unauthorized replication, modification, distribution, transmission, or exploitation of any content from the Services without explicit written permission from the Service Provider is prohibited.
14.2 Trademarks
The Service Provider’s trademarks, service marks, logos, and all other features that identify the Service Provider, including but not limited to its name and logo, are owned exclusively by the Service Provider. Any other trademarks, service marks, and logos found on the Services belong to their respective owners. Usage of any of these marks, including replication or other forms of utilization, without prior written consent from the rightful owner is strictly forbidden.
14.3 User Contributions and Feedback
Users may provide suggestions, feedback, or other inputs regarding the Services. By submitting any feedback, users acknowledge that:
- Their contributions are voluntary and provided without any restriction, thereby imposing no confidentiality obligation upon the Service Provider.
- The Service Provider is entitled to use, disclose, and exploit the feedback without obligation or compensation.
- All communications directed to the Service Provider, including questions or other messages, become the property of the Service Provider upon receipt.
14.4 Licensing Agreement
Users are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Services according to the terms of this Agreement. This license does not confer any ownership rights to the users, and all rights not expressly granted are reserved by the Service Provider. The users are prohibited from selling, licensing, renting, modifying, distributing, copying, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any Proprietary Materials accessed through the Services.
14.5 Enforcement and Termination
This Agreement governs the use of the Services, and users must adhere to its terms, including any related guidelines or license agreements. The Service Provider reserves the right to alter these terms and terminate user access for non-compliance. Persistent violation of the terms may result in legal action or termination of access to the Services.
15. Copyright Infringement Procedures
We respect the intellectual property rights of others and expect our users to do the same. If you suspect that your copyrighted work has been infringed upon through our Services, please contact our Copyright Agent with the following details at our designated support email: contact@tropitrade.com:
- A clear description of the copyrighted work you claim has been infringed and the specific locations on our Services (e.g., URLs) where these materials can be found.
- Your contact information, including address, telephone number, and email address.
- A statement asserting that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
- A declaration, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or someone authorized to act on their behalf.
16. Confidential Information Management
16.1 Definition
“Confidential Information” encompasses all non-public information related to our business, including but not limited to technical data, trade secrets, knowledge, product plans, designs, business strategies, customer lists, marketing plans, and financial data.
16.2 User Obligations
As a user, you are obligated to:
- Protect any Confidential Information from unauthorized access, disclosure, or use.
- Use the Confidential Information solely in connection with your permitted use of the Services.
- Disclose the Confidential Information only to your employees or agents who need to know such information and who are bound by confidentiality obligations.
- Promptly inform us of any potential or actual misuse or unauthorized disclosure of the Confidential Information.
- On termination of your relationship with us, return or destroy all copies of Confidential Information in your possession.
16.3 Enforcement
We take the protection of Confidential Information seriously and will enforce these provisions rigorously. Failure to adhere to these confidentiality obligations may result in immediate termination of your access to our Services and potential legal action to protect our interests. Your duties regarding the handling of Confidential Information survive the termination of this Agreement.
17. Disclaimer of Warranties
The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant the accuracy, completeness, or usefulness of the information available on our Services. You are responsible for verifying any information before relying on it. We are not responsible for the accuracy of the Services or any damages that may arise from your use of them.
No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein. Furthermore, we do not warrant that the Services will be uninterrupted, secure, or free from errors, viruses, or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
18. Indemnification
You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from:
- Any violation of these Terms of Service,
- Your use of the Services,
- Any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account,
- Any content you submit, post, transmit, or make available through the Services,
- Your violation of any rights of another, including any intellectual property rights.
Our obligation to defend and indemnify does not provide you with the right to control our defense, and we reserve the right to direct it at our own discretion. We also reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
19. Dispute Resolution – Binding Arbitration and Waiver of Class Action
Please review this section carefully, as it affects your legal rights, including your ability to take legal action in court.
19.1 Agreement to Arbitration
You and our company agree that any disputes or claims related to your use of the Services shall be resolved through binding arbitration, except for claims eligible for small claims court. This agreement waives the right to a jury trial and the ability to participate in any class action or representative proceeding.
19.2 Initial Dispute Resolution
We encourage resolving disputes informally. If you have a concern, contact us through our designated support email. If the issue is not resolved within 30 days, it will proceed to arbitration as outlined below.
19.3 Arbitration Process
Disputes will be resolved by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer-Related Dispute Procedures where applicable. The arbitration will be conducted by a single arbitrator selected per AAA guidelines. The proceedings will be based on documents unless a hearing is requested or deemed necessary by the arbitrator. The arbitration’s location will be determined by mutual agreement or according to AAA rules.
19.4 Arbitration Costs
If your claim is valued at $10,000 or less, we will cover all arbitration-related fees, including filing fees. If the claim exceeds $10,000, the AAA rules regarding fee allocation will apply.
19.5 Class Action Waiver
Both parties agree that any dispute resolution will be conducted individually, not as a class action, consolidated case, or other representative proceeding.
19.6 Opt-Out Option and Exceptions
You may opt out of the arbitration agreement by sending a written notice within 30 days after agreeing to these terms. Additionally, both parties retain the right to seek injunctive relief or other equitable remedies from a court of competent jurisdiction regarding intellectual property rights or other legally protected interests.
19.7 Enforcement of Arbitration Award
The arbitrator’s decision will be final and binding, and it may be enforced in any court with jurisdiction. The arbitrator’s award will comply with the limitations of liability and warranty disclaimers outlined in this agreement.
20. Applicable Law and Jurisdiction
The interpretation and enforcement of these Terms, as well as your use of the Services, shall be governed by the laws of the jurisdiction where the service provider is legally registered. Any conflict-of-law principles are excluded unless explicitly stated otherwise. This clause only determines the applicable law for interpreting these Terms and does not designate a specific court unless stated otherwise.
21. Relationship Between the Parties
Nothing in this Agreement creates an employer-employee, partnership, agency, joint venture, or franchise relationship between you and the service provider. Both parties remain independent and are not authorized to represent or bind one another in any business or legal matters unless expressly agreed upon in writing.
22. Terms and Language Interpretation
The primary version of these Terms is in English. Any translations provided are for convenience only and have no binding legal effect. In case of a conflict or inconsistency between the English version and any translated version, the English version will prevail in all legal matters and proceedings.
23. Transfer and Assignment Rights
You may not transfer or assign these Terms without prior written consent from the service provider. However, the service provider may transfer or assign these Terms without your consent in cases such as mergers, acquisitions, or transfers of business assets. Any attempt to transfer or assign the Terms in violation of this provision will be considered null and void.
24. Updates to the Terms and Services
We reserve the right to modify, update, suspend, or discontinue the Terms or the Services at any time, with or without prior notice. When significant changes occur, we will notify users through the Services or by email if possible. Continued use of the Services after such changes constitutes acceptance of the updated Terms. If you disagree with the changes, you must stop using the Services immediately.
25. Rights of Third Parties
These Terms create no rights enforceable by any individual or organization that is not a party to this Agreement. Third parties have no legal standing to enforce or benefit from any provisions of these Terms.
26. Communication and Electronic Notices
By using the Services, you consent to receive communications, notices, and agreements electronically through email or by postings on our website. This consent includes legally required notices and disclosures. Notices are considered delivered when:
- Personally handed to the recipient,
- Sent via certified or registered mail with confirmation of receipt,
- Confirmed electronically through email or other communication systems, or
- Delivered by an overnight courier service on the next business day.
27. Contact Information
For any questions, concerns, or requests related to these Terms or the Services, please contact us at:
Email: contact@tropitrade.com
