ARTICLE 1 – LEGAL TERMS AND DEFINITIONS
1.1 These General Terms and Conditions (hereinafter, the "General Terms and Conditions") are provided by THUNDER CODE (hereinafter, the "Company" or the "Service Provider"), a public limited company with a capital of 40 000 euros, whose headquarters are located at 60 rue François 1er, 75008, Paris, France, identified under number 938 156 361 in the Paris Trade Registry.
1.2 The Company's e-mail address is hello@thundercode.ai, and its individual intra-Community VAT identification number is FR30938156361.
1.3 The Company is the owner and editor of the website www.thundercode.ai
The Site is hosted by Microsoft Ireland Operations Limited, subsidiary of Microsoft Corporation, The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin, 18, Ireland, reachable at: 353 1 295 3826.
1.4 The publication director is Karim JOUINI
1.5 The Website offers the customer (hereinafter, the "Customer") the possibility of using Thunder Code's services as paid subscriptions (with a 14 days free trial offer in most cases). These services consist of enabling the Client and its employees to manage and execute test cases and test scenarios in a practical and simple manner (the "Services").
1.6 Before any attempt to use the Website, the Client must ensure that they have the technical and computer resources enabling them to use the Website and order the Services of the Website, and that their browser allows secure access to the Website. The Customer must also ensure that the computer configuration of their hardware/equipment is in good condition and free of viruses.
1.7 The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Company, the sole owner of the intellectual property rights to this content. Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
1.8 Cookies and Statistical Tools
1.8.1 In the context of the Website's use by Customers, the Company may use cookies.
1.8.2 The Company also informs Customers that cookies record certain information that is kept in the computer equipment/materials memory. This information is used to improve the use and operation of the Website and the Company's other services. An alert message prompts each person visiting the Website beforehand to confirm that they wish to accept cookies. These cookies do not contain confidential information about the Customer.
1.8.3 The Customer visiting the home page of the Website will be informed:
1.8.4 To ensure the Client's free, informed, and unambiguous consent, the banner will not disappear until the Client continues to browse.
1.8.5 Without the Client's prior consent, cookies will not be stored and read:
ARTICLE 2 – ENTIRETY
2.1 The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the sale of the Services offered by the Service Provider to the Client, whether such sale takes place online or by any other direct or remote means.
2.2 These General Terms and Conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the Client is deemed to accept them without reserve.
2.3 These General Terms and Conditions prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reserve, to all services provided by the Service Provider to Clients of the same category.
2.4 The Service Provider and the Client agree that these General Terms and Conditions exclusively govern their relationship. The Service Provider reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
2.5 If a condition for the provision of services is not met, it will be considered to be governed by current practices.
2.6 These General Terms and Conditions of Services are communicated to any Customer who so requests, in order to enable them to place an order.
2.7 The Service Provider shall be entitled to derogate from certain clauses hereof, depending on the negotiations conducted with the Client, by establishing specific conditions of sale, in particular under the terms of an estimate accepted by the Client.
2.8 These Conditions only apply to services performed in France for Clients located on French territory. For any service performed outside France, or for a Client located outside France, it is advisable to report it in order to obtain a quote and specific conditions.
ARTICLE 3 – SERVICES
3.1 These General Terms and Conditions concern the following Services: provision of a service for the management and execution of test scenarios and test cases, available on the Website (www.thundercode.ai)
ARTICLE 4 – INFORMATION ON SERVICES
4.1 The services governed by these General Terms and Conditions are those which appear on the Service Provider's Website and which are indicated as being performed by the Service Provider or under its control. They are offered within the scope of the Service Provider's availability.
4.2 The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the Service Provider may not be held liable.
ARTICLE 5 – ORDER
5.1 The Customer places their order online, from the online catalogue and using the form on the Website. For the order to be confirmed, the Customer will have to accept, by clicking on the place indicated on the Website, these General Conditions. Their acceptance will result in the sending of a confirmation email from the Service Provider, in accordance with the conditions described below. The order will then be considered complete.
5.2 Orders for Premium or particular Services are made by contacting the Service Provider's sales department, which will draw up and submit a quotation to the Customer, the acceptance and signature of which, along with these General Terms and Conditions, shall constitute a final order.
5.3 Any order implies acceptance of the prices and descriptions of the services offered. In certain cases, such as non-payment, incorrect address, or other issues on the Customer's account, the Service Provider reserves the right to suspend the Customer's order until the problem is resolved. In the event that it is impossible to carry out the service, the Client will be informed by e-mail and, if possible, referred to a specific service proposal. The cancellation of the order of this service and its possible refund will then be made, the rest of the order remaining firm and final.
ARTICLE 6 – ELECTRONIC SIGNATURE / PROOF OF THE TRANSACTION
6.1 For Services subscribed online, the online provision of the Customer's bank details and the final validation of the order shall be deemed proof of the Customer's agreement and shall be deemed to be:
6.2 In the event of fraudulent use of bank details, the Client is invited, as soon as this use is noted, to contact Thunder Code's customer service.
6.3 The computerized registers, kept in the Service Provider's computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 7 – PRICE
7.1 The total amount of the Services subscribed is indicated in the summary of the order or quotation, before the Customer accepts these General Conditions, validates their order, enters and validates their invoicing details, and makes the payment. This total amount is indicated in euros, excluding and including all taxes.
7.2 Thunder Code has the right to review its prices and implement them for each new order of Services, particularly at the end of a subscription.
7.3 Standard subscription prices
The prices of the standard Services offered for direct online ordering are mentioned on the Website in the descriptions of the Services, in euros and excluding tax and all taxes included.
7.4 Premium subscription prices
The prices of Premium Services are established by quotation.
7.5 Price reductions and discounts
The proposed prices include the discounts and rebates that the Service Provider would be required to grant, given its results or the assumption by the Client of certain services.
7.6 Value Added Tax (VAT)
The applicable VAT rate is the one in force on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services on the date stipulated by the applicable regulations.
7.7 Additional taxes
Any new taxes or contributions, particularly environmental, will be automatically reflected in the price of the Services.
ARTICLE 8 – PAYMENT
8.1 Payment is due immediately upon ordering, including for Services ordered by pre-order. The Customer may pay by credit card or direct debit. Cards issued by banks domiciled outside France must be international bank cards (MasterCard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Service Provider to debit their card for the amount relating to the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately canceled by operation of law and the order canceled.
8.2 Payments made by the Customer will only be considered final after actual receipt of the amounts due by the Service Provider.
8.3 In addition, the Service Provider reserves the right, in case of non-compliance with the payment conditions listed above, to suspend or cancel the provision
ARTICLE 9 – DURATION OF SERVICES
9.1 The Services are provided for the duration specified in the subscription chosen by the Customer, commencing from the date of activation.
9.2 Unless otherwise specified, subscriptions are tacitly renewable for successive periods of equal duration, unless terminated by either party under the conditions set forth in Article 10.
ARTICLE 10 – TERMINATION
10.1 Termination by the Customer
The Customer may terminate their subscription at any time by providing written notice to the Service Provider at least 90 days before the end of the current subscription period.
10.2 Termination by the Service Provider
The Service Provider reserves the right to terminate the subscription in the event of the Customer's breach of these General Terms and Conditions, after a formal notice has remained without effect for 30 days.
ARTICLE 11 – RESPONSIBILITY OF THE SERVICE PROVIDER
11.1 The Service Provider undertakes to implement all necessary means to ensure the best delivery of the Services to the Customer.
11.2 The Service Provider cannot be held responsible for any damage resulting from the misuse of the Services by the Customer or from any fault on their part.
11.3 The Service Provider cannot be held responsible for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
ARTICLE 12 – CUSTOMER OBLIGATIONS
12.1 The Customer agrees to provide accurate and up-to-date information necessary for the proper execution of the Services.
12.2 The Customer agrees to use the Services in accordance with applicable laws and regulations and not to infringe on the rights of third parties.
ARTICLE 13 – PERSONAL DATA
13.1 The Service Provider implements personal data processing operations in accordance with the regulations in force, as detailed in its Privacy Policy available online.
ARTICLE 14 – INTELLECTUAL PROPERTY
14.1 All technical documents, products, drawings, photographs given to customers remain the exclusive property of the Service Provider, the sole holder of the intellectual property rights to these documents, and must be returned to him upon request.
14.2 Customers undertake not to make any use of these documents that may infringe the Service Provider's industrial or intellectual property rights and undertake not to disclose them to any third party.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
15.1 All clauses contained in these General Terms and Conditions, as well as all purchase and sale operations referred to therein, are subject to French law.
15.2 In the event of a dispute concerning the interpretation and/or execution of these General Terms and Conditions, the Customer may decide to submit the dispute with the Service Provider to a conventional mediation procedure or any other alternative dispute resolution method.
15.3 In the event of failure of this mediation procedure or if the Customer wishes to bring an action before a court, the rules of the Code of Civil Procedure will apply.
ARTICLE 16 – MISCELLANEOUS PROVISIONS
16.1 Partial Invalidity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.
16.2 Non-Waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these General Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.
ARTICLE 17 – CONTACT INFORMATION
For any questions or information regarding the Services, the Customer can contact the Service Provider at:
