Terms and Conditions of Use

1. About these Terms

These Terms and Conditions of Use (the "Terms") govern your access to and use of the website available at https://codetiburon.com and any subdomain or landing page operated by CodeTiburon (the "Site"), including the "Get a Quote" form and any other interactive feature made available on the Site (together, the "Services").

By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agreed to these Terms and to our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. If you do not agree, please do not use the Site.

These Terms are concluded in English. A French translation may be made available; in case of discrepancy, the English version prevails, save where French mandatory consumer law requires otherwise.

2. Legal information (mentions légales)

In accordance with Article 6 III of French Law No. 2004-575 of 21 June 2004 for trust in the digital economy (LCEN) and Articles L.111-1 et seq. of the French Consumer Code, the following information is provided:

  • Publisher: CODETIBURON, a société par actions simplifiée (SAS) organised under the laws of France.
  • Registered office: Immeuble Le Mercure C, 485 rue Marcelin Berthelot, 13290 Aix-en-Provence, France.
  • Share capital: €30,000.
  • SIREN: 981 543 861.
  • SIRET (head office): 981 543 861 00026.
  • RCS: Aix-en-Provence, registered on 21 December 2023, RCS No. 981 543 861.
  • Intra-community VAT number: FR73981543861.
  • NAF/APE code: 62.02A — Conseil en systèmes et logiciels informatiques.
  • Activity: IT consulting and services for companies, maintenance, creation and development of software.
  • Publication director (directeur de la publication): Kostiantyn Pogribnyi, Président.
  • Contact: [email protected].
  • Host (hébergeur): The Site is hosted on Amazon Web Services (Amazon Lightsail), with production environments located in Paris, France. European headquarters: Amazon Web Services EMEA SARL, 31–33 Rives de Clausen, L-2165 Luxembourg, tel. +352 27 89 0605. US headquarters: Amazon Web Services, Inc., 1200 12th Ave S, Seattle, WA 98144, USA, tel. +1 (888) 280-3321. Website: https://aws.amazon.com.

Where the Terms refer to "CodeTiburon", "we", "us" or "our", they refer to the publisher identified above.

3. Definitions

  • "User", "you": any natural or legal person accessing the Site, whether as a visitor, prospect or business contact.
  • "Content": any text, image, video, software, code, design, trademark, logo or other material made available on the Site by CodeTiburon.
  • "User Content": any information you submit through the Site, including via the Get a Quote form.
  • "Get a Quote form": the contact form on the Site through which you may request a commercial proposal.

4. Acceptance and capacity

By using the Site you represent that you are at least 16 years old and, where you act on behalf of a legal entity, that you have authority to bind that entity. The Site is intended for business users and is not directed to children.

5. Licence to use the Site

Subject to your compliance with these Terms, CodeTiburon grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Site for your internal business or personal information purposes. Unless we have given express written consent or the relevant Content is expressly made available for redistribution, you must not:

(a) republish, distribute or make available Content from the Site (including on another website or platform);

(b) sell, rent, sub-licence or otherwise commercialise Content;

(c) publicly perform or display Content other than as reasonably required to view it;

(d) reproduce, duplicate, copy or exploit Content for a commercial purpose;

(e) edit, modify, translate or create derivative works of Content;

(f) remove any copyright, trademark or other proprietary notice;

(g) transfer Content to another person or mirror it on any other server;

(h) redistribute Content, except where it is expressly made available for redistribution.

6. Acceptable use

You agree not to use the Site:

(a) in any way that causes, or may cause, damage to the Site or impairs its availability or accessibility;

(b) in any way that is unlawful, fraudulent or harmful, or for any unlawful, fraudulent or harmful purpose;

(c) to upload, store, host or transmit any material that contains spyware, viruses, Trojan horses, worms, keyloggers, rootkits or other malicious code;

(d) to carry out systematic or automated data collection (including scraping, data mining, data extraction or harvesting) without our prior written consent;

(e) to send unsolicited commercial communications or to collect contact details for the purposes of sending such communications;

(f) in any manner that infringes the intellectual property rights, privacy rights or other rights of CodeTiburon or any third party.

7. Get a Quote form

The Site offers a "Get a Quote" form that allows you to submit your contact details (such as name, business email, company name, phone number) together with a description of your inquiry or project. Submissions are transmitted to our customer relationship management system (HubSpot) and used to respond to your request, to assess whether we can provide the services you are interested in, and to issue a commercial proposal.

By submitting the form you represent that the information you provide is accurate, that you are entitled to share it, and that any personal data relating to third parties has been collected and shared in compliance with applicable data-protection law. Information submitted through the form is processed in accordance with our Privacy Policy.

CodeTiburon is under no obligation to respond to any request or to enter into a contract. Any quote, estimate or proposal is non-binding unless and until confirmed in a separate written agreement signed by both parties.

8. User Content

You retain all rights in your User Content. You grant CodeTiburon a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display your User Content solely as necessary to operate the Site, respond to your request and provide the Services. This licence ends when your User Content is deleted from our active systems, subject to a reasonable period for backups to expire and to legal retention requirements.

You must not submit User Content that is illegal, infringes any third-party right, is defamatory, misleading, discriminatory, or otherwise objectionable. We may refuse, edit or remove any User Content that, in our reasonable opinion, breaches these Terms or applicable law.

9. Intellectual property

All Content on the Site (including text, graphics, logos, icons, images, audio clips, video, software and source code) is owned by CodeTiburon or its licensors and is protected by French and international intellectual-property laws, including the French Intellectual Property Code (Code de la propriété intellectuelle). The trademarks, trade names and logos displayed on the Site may not be used without our prior written consent.

Notices of alleged copyright infringement should be sent to [email protected] and should contain the elements required by Article 17 of Directive (EU) 2019/790 (or, for U.S. claims, 17 U.S.C. § 512(c)(3)).

10. Third-party links and services

The Site may contain links to third-party websites or services that are not operated by CodeTiburon. We do not control and are not responsible for the content, accuracy, availability or practices of such third parties. Your interaction with any third-party website or service is governed by that third party's own terms and policies.

11. No warranties

Except where applicable law requires otherwise, the Site is provided "as is" and "as available". To the maximum extent permitted by law, CodeTiburon makes no representations or warranties, express or implied, as to the operation, availability, accuracy, completeness or fitness for a particular purpose of the Site or any Content. Information on the Site is provided for general informational purposes and does not constitute professional, legal, technical, financial or other advice.

12. Limitation of liability

Nothing in these Terms excludes or limits liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence (faute lourde) or wilful misconduct (dol), or (d) any other liability that cannot lawfully be excluded or limited under French or other applicable mandatory law.

Subject to the preceding paragraph and to the maximum extent permitted by law, CodeTiburon shall not be liable for any indirect, special, incidental or consequential loss, including loss of profit, revenue, business, contracts, anticipated savings, goodwill, reputation or data, arising out of or in connection with your use of the Site, even if CodeTiburon has been advised of the possibility of such loss.

Subject to the preceding paragraphs and to the maximum extent permitted by law, CodeTiburon's aggregate liability arising out of or in connection with the Site shall not exceed one hundred euros (€100).

13. Indemnification

You agree to indemnify and hold CodeTiburon, its affiliates, officers, employees and contractors harmless from any third-party claim, loss, liability, damage or expense (including reasonable legal fees) arising out of (i) your use of the Site in breach of these Terms, (ii) your User Content, or (iii) your violation of any applicable law or third-party right.

14. Restricted access and credentials

Access to certain areas of the Site may be restricted. We may suspend, restrict or terminate access at our discretion, in particular in the event of breach of these Terms. If we provide you with credentials, you must keep them confidential, must not share them with any third party, and must notify us immediately at [email protected] of any unauthorised use. You remain responsible for activity carried out under your account until you have notified us.

15. Changes to the Site and Terms

We may update or modify the Site, its features and Content from time to time. We may also update these Terms. We will indicate the date of the latest update at the top of these Terms and, for material changes that affect your rights, will use reasonable efforts to provide prior notice (for example through a banner on the Site or by email where you have provided one). Your continued use of the Site after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree, please stop using the Site.

16. Personal data and cookies

CodeTiburon processes personal data in accordance with Regulation (EU) 2016/679 (the "GDPR") and the French Data Protection Act (Loi Informatique et Libertés). Detailed information on the personal data we collect, the purposes and legal bases of processing, retention periods, recipients (including HubSpot and Google) and your rights is set out in our Privacy Policy. Information on cookies, including the cookie banner and consent management, is set out in our Cookie Policy.

17. Force majeure

CodeTiburon shall not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, armed conflict, terrorism, civil unrest, governmental measures, epidemics, energy or network outages, or other events of force majeure within the meaning of Article 1218 of the French Civil Code.

18. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. You may not assign or transfer your rights under these Terms without our prior written consent; we may assign these Terms to an affiliate or in the context of a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and CodeTiburon in relation to the Site.

19. Governing law and dispute resolution

These Terms and any non-contractual obligations arising out of or in connection with them are governed by French law, without regard to its conflict-of-laws rules.

Any dispute arising out of or in connection with these Terms or the Site shall be submitted to the exclusive jurisdiction of the competent courts of the jurisdiction of the Court of Appeal of Aix-en-Provence, France, save that where you act as a consumer, you may bring proceedings before the courts of your place of domicile and benefit from the mandatory protections of the law of your place of habitual residence.

In accordance with Articles L.612-1 et seq. of the French Consumer Code, consumers may, after a prior written complaint has remained unanswered or has not been resolved within two months, refer the matter free of charge to a consumer mediator. Information on the mediator designated by CodeTiburon will be provided on request at [email protected].

The European Commission also provides an online dispute-resolution platform accessible at https://ec.europa.eu/consumers/odr.

20. Contact

Questions about these Terms can be sent to [email protected] or to CodeTiburon SAS at the registered office indicated in Section 2.