Terms-and-conditions

Welcome to Raxio Marketplace Portal (“we”, “us”, or “our”). This digital platform is designed by Raxio Group B.V. to connect customers AND PROSPECTIVE CUSTOMERS with Raxio’s ECOSYSTEM partners (the “Users” or “you”) in a collaborative, connected space (the “Platform”). By accessing or using this Platform, you agree to comply with and be bound by these Terms and Conditions (“Terms”) including our Privacy Policy and Terms of Use. If you do not agree to these terms, please do not use the Platform.

Terms of Use

1.1 User Accounts

The Platform supports the following User roles:

Partners: providers of services to Raxio customers in connection with one or more Raxio data centre locations. Partners may create and manage a “Company Profile”, publish services and materials, post updates, send messages and otherwise engage with other Users.
Users: customers and prospective customers granted access to the Platform on a trial or permanent basis. Users may browse the Platform, view Company Profiles and access general content, but may not create a Company Profile or hold themselves out as Partners.
Marketplace Support Team: Raxio personnel authorised to administer the Platform.

The Platform is intended exclusively for business-to-business use, through the creation of an “Account”. Each Account is associated with a corporate entity; the Platform does not support personal profiles. By creating an Account, the User represents and warrants that it is a legal entity duly organised under the laws of its jurisdiction, that the individual creating the Account has authority to bind the User, and that the User accesses the Platform in connection with services provided by, to or in relation to Raxio’s data centres.

The User is responsible for maintaining the confidentiality of its login credentials, and for all activities under its Account.

Registration is subject to review and confirmation by the Marketplace Support Team. Raxio reserves the right to refuse any registration in its reasonable discretion.

1.2 User Conduct

You agree not to:

Post or sell illegal, counterfeit, or prohibited items.
Violate any laws, third-party rights, or our policies.
Use the Platform for any fraudulent or malicious activity.

In addition, the User shall comply with the following rules of acceptable use (the “Acceptable Use Policy” or “AUP”), which forms an integral part of these Terms:

1.2.1 Overall principles. Users may not use (and will procure that their personnel and authorised representatives do not use) the Platform in any manner which could damage, disable, overburden or impair the Platform or any other party’s computer systems, nor hack or gain unauthorised access to the Platform, its data or other Users’ data, nor effect any denial-of-service attacks or similar acts using the Platform.

Users must not use the Platform to transmit, publish, post, upload or otherwise make available any content that is illegal or otherwise in breach of applicable laws, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that the User is not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights. Raxio reserves the right to remove any content, material or data and to block the use of the Platform for one or more Users when their use or purpose does not comply with this AUP.

Raxio applies and enforces these rules in a diligent, objective and proportionate manner.

1.2.2 Platform integrity. The User may not use the Platform to circumvent user authentication or security of any host, network, Account or system (referred to as “cracking” or “hacking”), nor interfere with the service provided to any other User (referred to as “denial of service attacks”). Any application or activity that overloads the Platform by whatever means will be considered as making profligate use of the Platform and is as such NOT allowed. Users who violate systems or network security may incur criminal or civil liability. Raxio will fully co-operate with investigations of suspected criminal violations under the leadership of law enforcement authorities.

1.2.3 Electronic communications. Users are forbidden to send messages, emails or other communications through the Platform to any person who does not wish to receive them. It is explicitly prohibited to send unsolicited bulk messages (“junk mail” or “spam”) of any kind, or to post the same or similar messages across multiple groups, pages or other Platform features. Users may not forward or propagate chain letters or malicious communications. Users are prohibited from forging header information or otherwise misrepresenting the origin of any communication. A User may not solicit communications for any address other than its own, except with full consent of the owner of the referred address.

1.2.4 Permitted promotion. For the avoidance of doubt, the use of the Platform’s functionalities by Partners to promote their services to other Users — including by publishing a Company Profile, sharing materials, posting updates and communicating with Users in accordance with this AUP — is permitted and forms part of the intended purpose of the Platform. What is prohibited is the use of information obtained through the Platform for promotional or solicitation activities outside the Platform’s intended functionalities.

Raxio Group B.V. is not responsible for the content posted by any User on the Platform.

1.3 Intellectual Property

All content made available by Raxio on the Platform, excluding content submitted by Users, is our property or licensed to us and protected under applicable copyright, trademark, and other laws.

The User retains all rights, title and interest in the content it submits to the Platform. By submitting content to the Platform, the User grants Raxio a worldwide, non-exclusive, royalty-free and sublicensable licence to host, reproduce, display and distribute the content for the purposes of operating, providing and promoting the Platform. This licence survives termination of the Account in respect of content already shared with other Users. The User represents and warrants that it owns or has obtained all rights necessary to submit the content and grant the licence set out above.

1.4 Termination

We reserve the right to suspend or terminate your account at our discretion for any violation of these Terms or misuse of the Platform.

Privacy Policy

2.1 Data Controller

Raxio Group B.V., Hildegard von Bingenstraat 44, The Pulse, 21st Floor, Unit 21.01, 1081 LH Amsterdam, the Netherlands.

2.2 Purpose of Data Collection

We collect your personal data to facilitate and improve collaboration to drive interaction within the Platform, including for the creation and management of your Account, the provision of the Platform’s functionalities, customer support, the verification and onboarding of Users, the security and integrity of the Platform, and compliance with applicable legal obligations.

2.3 Types of Data Collected

Certain personal data is necessary for the creation and management of an Account and for the provision of the Platform. If such personal data is not provided, Raxio may be unable to provide access to or use of the Platform.

Raxio processes the following categories of personal data:

Identification and contact data of the User’s representative (name, role, corporate email, corporate phone, username);
Authentication and account data (login credentials, authentication events, account status);
content and interactions submitted by or on behalf of the User, to the extent it identifies or relates to an identifiable individual;
Usage and technical data (IP address, device and browser information, access logs, pages visited, search queries, click behaviour);
Communications with Raxio (emails, support tickets, newsletter subscriptions); and
Any other personal data submitted by the User or generated through the User’s use of the Platform, to the extent it relates to an identified or identifiable natural person.

2.4 Legal Basis for Processing

Raxio processes personal data on the following legal bases:

Performance of a contract: creation and management of the Account, authentication, provision of the Platform, customer support, onboarding and verification of Users, publication of Company Profiles and disclosure of information to other Users where necessary for the Platform’s functionalities.
Consent: any processing activity where consent is required under applicable law.
Legitimate interests: security and integrity of the Platform, prevention of fraud, aggregated analytics, establishment, exercise or defence of legal claims, and facilitating business discovery and collaboration between Users where such interests are not overridden by the rights and freedoms of the relevant individuals.

2.5 Data Retention

Raxio retains your personal data only for as long as necessary for the purposes for which it was collected, including for the provision of the Platform, compliance with applicable legal, tax, accounting and regulatory obligations, the resolution of disputes and the protection of the security of the Platform. Retention periods vary by category of data and applicable legal basis.

2.6 Data Sharing

We may share your personal data with:

Other users of the Platform, where the information is shared through the Platform’s interactive features;
Raxio Group B.V. entities, for the purposes of providing the Platform and related ecosystem activities;
Processors (or sub-processors) engaged by Raxio to operate the Platform;
Law enforcement agencies (if legally required);
Other third parties as necessary to comply with legal obligations.

Where personal data is transferred outside the European Economic Area, Raxio will ensure that appropriate safeguards are in place, in accordance with applicable data protection laws.

2.7 Your Rights

Under the GDPR, you have the right to:

Access your personal data;
Rectify inaccurate or incomplete data;
Erase your data (right to be forgotten);
Restrict or object to processing;
Data portability;
Withdraw consent at any time, without affecting the lawfulness of processing carried out prior to withdrawal;
Lodge a complaint with a supervisory authority.

Requests may be submitted to marketplace@raxiogroup.com.

2.8 Consent to Share Information & Withdrawal

By registering for and using the Platform, the User expressly agrees that any information provided by the User, including but not limited to company name, email address, network information, contact details, technical or visual data, and interconnection preferences (“User Information”), may be displayed, shared, or otherwise made publicly available on the Platform to other registered users for the purpose of facilitating interconnection, collaboration, marketing (such as social media or conferences) or connectivity opportunities.

Where processing is based on consent, the User may withdraw such consent at any time by contacting us at marketplace@raxiogroup.com, without affecting the lawfulness of processing carried out before withdrawal. Where withdrawal affects information made available on the Platform based on consent, Raxio shall, within a reasonable time, remove such information from the Platform.

2.9 Representation and Liabilities

Raxio shall not be liable for any use, misuse, access, or disclosure of the User Information by other users or third parties accessing the Platform. The User acknowledges and agrees that Raxio provides the Platform as a facilitation tool and does not control or monitor the actions of other users.

The User shall not use the Platform, or any information obtained through it, for promotional, marketing, or solicitation activities outside the Platform’s intended functionalities, including activities that target or unfairly compete with Raxio or other Users. For the avoidance of doubt, promotion of services by Providers within the Platform, through the functionalities made available for that purpose, is permitted.

Raxio reserves the right to take measures including removal of content, restriction of visibility, suspension, or termination of any User account where it reasonably determines that such content or use is inappropriate, unethical, unlawful, misleading, or otherwise contrary to these Terms or applicable laws.

Where Raxio removes content, restricts its visibility, suspends or terminates an Account, it will, where reasonably practicable, inform the affected User of the decision and the main reasons for it.

The Platform and all features and functionalities available through it are provided “as is” and “as available”, without any warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted operation.

The User shall indemnify, defend and hold Raxio harmless from and against any third-party claims, damages and costs arising out of the User’s content, the User’s breach of these Terms, or the User’s misuse of the Platform.

2.10 Notice and Action

Any person or entity may submit a notice regarding content they consider to be illegal by contacting marketplace@raxiogroup.com.

The notice should, to the extent possible, include:

a sufficiently substantiated explanation of why the content is considered illegal;
a clear indication of the exact location of the content;
the name and contact details of the notifying party;
a statement confirming a good faith belief in the accuracy of the information submitted.

Raxio will assess and process such notices in a timely, diligent, and non-arbitrary manner and may remove or disable access to the content where appropriate.

Information Exchanged between Users

Any information exchanged between Users through or in connection with the Platform is the sole responsibility of the User involved. Such information shall not be deemed confidential, and Raxio assumes no obligation, responsibility, or liability for its disclosure, content or use.

Direct messages and other private communications exchanged between Users on the Platform are not actively monitored by Raxio. Raxio may access private communications only where strictly necessary to comply with legal obligations or to respond to lawful requests by competent authorities.

Raxio is not a party to, and does not endorse, guarantee or assume any responsibility for, any agreement, transaction or relationship between Users that may arise in connection with the Platform.

Modifications

We may update this policy at any time. Changes will be posted here with an updated effective date. Continued use of the Platform constitutes your acceptance.

Contact Us

If you have any questions, concerns, or requests regarding these terms or our privacy practices, please contact us at: Email: marketplace@raxiogroup.com

Raxio designates marketplace@raxiogroup.com as its single point of contact for Users of the Platform, Member State authorities, the European Commission and the European Board for Digital Services in relation to the Digital Services Act.

Governing Law and General Provisions

6.1 These Terms shall be governed by and construed in accordance with, and all disputes between the Parties arising out of or in any way relating to these Terms or any disputes between the Parties in any way connected with the subject matter of these Terms shall be governed by, the laws of the Netherlands.

6.2 Disputes arising under or related to these Terms or regarding the rights or obligations of any of the Parties to these Terms, shall be resolved at first occurrence through an amicable settlement.

If the Parties fail to reach an amicable resolution, either Party may, by written notice to the other, request to submit the dispute to the courts of the Netherlands.

Terms of Use