These terms govern your use of Cybesis Studios services and establish our mutual rights and responsibilities.
Last updated: January 22, 2025
WHEREAS, Cybesis Studios (hereinafter referred to as "the Company", "we", "us", or "our") is a professional web development and digital design agency duly organized and existing under the laws of the French Republic, with its principal place of business located in Montpellier, France;
WHEREAS, the Company operates and maintains digital platforms, websites, applications, and related technological infrastructure for the purpose of delivering professional services to clients and facilitating business operations;
WHEREAS, users (hereinafter referred to as "User", "you", or "your") seek to access and utilize the Company's Services for legitimate business and professional purposes;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to be bound by these Terms of Service (hereinafter "the Agreement" or "these Terms").
By accessing, browsing, or utilizing any aspect of the Company's Services, including but not limited to websites, applications, platforms, or related digital infrastructure (collectively, the "Services"), you hereby acknowledge that you have read, understood, and agree to be legally bound by all terms, conditions, and provisions set forth in this Agreement. Your continued use of the Services constitutes ongoing acceptance of these Terms and any modifications thereto.
If you do not agree to be bound by these Terms in their entirety, you are expressly prohibited from accessing or using the Services and must discontinue such use immediately. This Agreement constitutes a legally binding contract between you and Cybesis Studios, enforceable in accordance with French law and applicable international legal principles.
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them herein, unless the context clearly indicates otherwise. These definitions shall be construed broadly to encompass all related activities and services:
"Services" means all digital services, platforms, websites, applications, tools, features, and related offerings provided by the Company, including but not limited to web development, UI/UX design, brand identity services, digital marketing solutions, e-commerce development, mobile application development, consulting services, client portals, authentication systems, and any future services that may be added or modified.
"User Account" means any registered account created through the Company's authentication systems, whether established through direct registration or third-party OAuth providers, including all associated data, preferences, and access privileges.
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, that are uploaded, posted, transmitted, or otherwise made available through the Services.
"Intellectual Property" means all intellectual property rights worldwide, including but not limited to copyrights, trademarks, service marks, trade names, patents, trade secrets, proprietary information, and any other intellectual property rights recognized under applicable law.
The Company provides a comprehensive suite of professional digital services designed to meet the evolving needs of modern businesses and organizations. These services encompass, but are not limited to: custom web design and development utilizing contemporary technologies and industry best practices; user interface and user experience (UI/UX) design optimization focused on enhancing user engagement and conversion metrics; comprehensive brand identity development including logo design, visual identity systems, and brand guideline creation; strategic digital marketing solutions incorporating search engine optimization, content marketing, and digital advertising campaigns; sophisticated e-commerce platform development with integrated payment processing, inventory management, and customer relationship management capabilities; mobile application development for iOS and Android platforms utilizing native and cross-platform technologies; and strategic digital consulting services providing expert guidance on technology adoption, digital transformation, and online business optimization.
The Company maintains and operates sophisticated digital infrastructure to facilitate service delivery and client interaction. This infrastructure includes: secure user authentication and account management systems utilizing industry-standard encryption and multi-factor authentication protocols; role-based access control mechanisms providing differentiated dashboard experiences for administrative users and team members; comprehensive project portfolio and case study presentation systems showcasing the Company's work and capabilities; integrated quotation request and project communication tools enabling seamless client interaction and project management; dedicated client portals facilitating collaborative project development, file sharing, and real-time communication; and advanced analytics and reporting systems providing insights into project progress and performance metrics.
The Company endeavors to maintain optimal service availability and performance standards in accordance with industry best practices. While the Company strives to achieve and maintain 99.9% uptime for its digital platforms and services, it expressly disclaims any guarantee of uninterrupted access or error-free operation. The Company reserves the right to perform scheduled maintenance, implement system updates, deploy security patches, or conduct other necessary modifications that may temporarily affect service availability. Users will be provided with reasonable advance notice of planned maintenance activities whenever practicable. Notwithstanding the foregoing, the Company shall not be liable for service interruptions caused by factors beyond its reasonable control, including but not limited to third-party service provider outages, internet connectivity issues, force majeure events, or cybersecurity incidents requiring immediate remediation.
Users may establish accounts through multiple authentication mechanisms provided by the Company's secure infrastructure. Primary registration methods include: direct account creation utilizing email address and password combinations, subject to the Company's password security requirements and complexity standards; OAuth-based authentication through approved third-party providers including Google LLC, GitHub Inc., and Discord Inc., whereby users authorize the sharing of basic profile information in accordance with the respective provider's terms of service and privacy policies. All users must provide accurate, complete, and current information during the registration process and maintain the accuracy of such information throughout the duration of their account relationship. Users bear sole responsibility for maintaining the confidentiality and security of their account credentials and must implement appropriate safeguards to prevent unauthorized access. Any suspected or actual unauthorized access must be reported to the Company immediately upon discovery.
Users acknowledge and agree that they bear exclusive responsibility for all activities, transactions, and communications conducted through their accounts, regardless of whether such activities were authorized by the user. This responsibility encompasses all actions taken by any person who gains access to the user's account credentials, whether through the user's negligence or otherwise. Users covenant and agree that they shall not: share, transfer, or otherwise disclose their account credentials to any third party; create multiple accounts for the purpose of circumventing platform restrictions, limitations, or enforcement actions; impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with any person or entity; provide false, misleading, or fraudulent information during registration or in connection with their use of the Services; or engage in any conduct that could reasonably be expected to compromise the security or integrity of the platform or other users' accounts.
The Company reserves the absolute right, exercisable in its sole discretion and without prior notice, to suspend, restrict, or permanently terminate user accounts under various circumstances including, but not limited to: material breach of these Terms or any other agreement between the user and the Company; engagement in fraudulent, deceptive, or illegal activities; conduct that poses security risks to the platform, other users, or the Company's systems; violation of applicable laws or regulations; or behavior that the Company reasonably determines to be harmful to its business interests or reputation. Upon account termination, users' access to the Services shall cease immediately, and the Company may, but is not obligated to, delete or retain account data in accordance with its data retention policies and applicable legal requirements. Termination of accounts shall not relieve users of any obligations or liabilities incurred prior to such termination.
You may not:
The Company maintains exclusive ownership of all intellectual property rights, proprietary information, and related assets associated with its Services and business operations. Such intellectual property includes, without limitation:
Technical Infrastructure: All website designs, source code, software architecture, database structures, algorithms, technical specifications, and related technological implementations developed by or on behalf of the Company.
Brand Assets: The "Cybesis Studios" name, all associated trademarks, service marks, logos, brand identities, visual designs, and other distinctive brand elements, whether registered or unregistered.
Content and Materials: Portfolio presentations, case studies, marketing materials, documentation, training materials, and all other content created by or for the Company.
Methodologies and Processes: Proprietary business methodologies, development frameworks, design processes, project management approaches, and other systematic approaches developed through the Company's expertise and experience.
All such intellectual property is protected by French copyright law, the Berne Convention, international trademark treaties, and other applicable intellectual property statutes and regulations.
The intellectual property relationship between the Company and its clients is governed by principles of collaborative creation and mutual respect for proprietary rights. Clients retain full ownership of their pre-existing intellectual property, including but not limited to original content, data, materials, trademarks, and proprietary information provided to the Company for project development. The Company retains ownership of its general methodologies, reusable code frameworks, design patterns, and systematic approaches that constitute its professional expertise and competitive advantage. Custom developments, including bespoke code, unique designs, and project-specific implementations, shall become the property of the client upon full payment of all fees and completion of contractual obligations, unless otherwise specified in a separate written agreement. The Company reserves the right to showcase completed projects in its portfolio and marketing materials, subject to client approval and any confidentiality restrictions that may apply.
Subject to compliance with these Terms, the Company hereby grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purposes and in accordance with the restrictions set forth herein. This license does not convey any ownership rights in the Services or any component thereof, nor does it grant any right to: resell, redistribute, sublicense, or otherwise commercialize the Services; create derivative works based upon the Services or any portion thereof; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services; remove, alter, or obscure any proprietary notices or labels; or use the Services in any manner that competes with or undermines the Company's business interests. This license shall automatically terminate upon termination of the user's account or breach of these Terms.
Refunds are handled on a case-by-case basis. Work completed prior to cancellation is non-refundable. Cancellation terms are specified in individual project agreements.
Our Services are provided "as is" and "as available." We make no warranties, express or implied, regarding the Services, including but not limited to:
To the maximum extent permitted by French law, Cybesis Studios' total liability for any claims arising from these Terms or use of our Services shall not exceed the amount paid by you for Services in the 12 months preceding the claim.
We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
You agree to indemnify and hold harmless Cybesis Studios from any claims, damages, losses, or expenses arising from:
These Terms are governed by French law. Any disputes will be subject to the exclusive jurisdiction of the courts of Montpellier, France.
EU consumers may access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr/
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice of significant changes that affect your use.
These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Cybesis Studios.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
We may update these Terms periodically. Significant changes will be communicated via email or prominent website notice. Continued use constitutes acceptance of updated Terms.
All communications, notices, and inquiries regarding these Terms of Service should be directed to the Company through the following official channels:
Legal Entity: Cybesis Studios
Legal Correspondence: legal@cybesis.com
General Business Inquiries: studio@cybesis.com
Telephonic Contact: (+33) 9-67-28-88-21
Principal Business Address: Montpellier, France
All legal notices required under these Terms shall be deemed properly delivered when sent to the designated contact addresses set forth above. Electronic communications shall be considered received upon successful transmission to the specified email addresses. The Company may update contact information by posting revised details on its website or through direct communication to users.
These Terms of Service are effective as of January 22, 2025, and shall remain in full force and effect until modified or superseded in accordance with the amendment procedures set forth herein. The Company reserves the right to modify, amend, or update these Terms at any time, with such modifications becoming effective upon posting to the Company's website or other reasonable notice to users. Continued use of the Services following such modifications constitutes acceptance of the amended Terms.