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TERMS OF SERVICE — CYFYN

Last updated: 16/12/2025

These Terms of Service (the "Terms") govern access to and use of the CYFYN website and, where applicable, the CYFYN platform and related services (collectively, the "Services") provided by CYFYN, a French simplified joint-stock company (SAS) with a share capital of EUR 5,000, registered with the RCS Bayonne under SIREN 991 609 108, having its registered office at Appartement B21, 9 Rue Benoît Sourigues, 64100 Bayonne, France (the "Company", "we", "us").

By accessing the website, submitting a contact/demo request, creating an account, or using the Services, you agree to be bound by these Terms.

Professional use only. The Services are intended for business users. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation.

1. Definitions

  • Customer: the legal entity using the Services.
  • User: an individual authorised by the Customer to access the Services.
  • Customer Content: data, files, rules, configurations, reports, or any materials uploaded, transmitted or created by the Customer/Users.
  • Platform: the CYFYN application environment (if and when made accessible).
  • Documentation: any guides or materials we provide.

2. Scope

These Terms apply to:

  • the public website (including the contact/demo form), and
  • the Platform if made accessible (trial, invite-only access, or subscription access).

If you sign a separate written agreement with us (e.g., an order form, subscription agreement, MSA), that agreement may supplement or prevail over these Terms in case of conflict.

3. Access to the Services

3.1 Website

You may browse the website freely. Certain features require you to provide information (e.g., requesting a demo).

3.2 Platform (if applicable)

Platform access may require account creation and may be restricted (invite-only, trial, subscription). You are responsible for:

  • maintaining the confidentiality of credentials,
  • ensuring Users comply with these Terms,
  • promptly notifying us of any suspected unauthorised access.

4. Acceptable Use

You agree not to:

  • use the Services unlawfully or in breach of regulations,
  • infringe third-party rights,
  • attempt to gain unauthorised access or probe vulnerabilities without written authorisation,
  • disrupt, overload, reverse engineer, or attempt to extract source code except where mandatory law permits,
  • introduce malware or harmful content,
  • scrape or extract data in an excessive or unauthorised manner.

We may suspend access when necessary for security, legal compliance, or to prevent misuse.

5. Customer Content

5.1 Ownership

You retain all rights to Customer Content. You are solely responsible for its legality, quality, accuracy, and compliance.

5.2 Licence to operate the Services

You grant us a limited, non-exclusive licence to host, process, transmit, and display Customer Content solely as necessary to provide and maintain the Services and comply with legal obligations.

5.3 Export and backups

Export capabilities depend on available features and your plan (if applicable). You remain responsible for maintaining your own backups of any critical data.

6. Intellectual Property

The Services, website, Platform, UI, trademarks, logos, and Documentation (excluding Customer Content) are owned by the Company and/or its licensors.

Subject to these Terms (and any subscription agreement), we grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during the applicable access period.

7. Confidentiality

Each party may receive non-public information related to the Services ("Confidential Information"). Each party agrees to:

  • use it only to perform these Terms and/or the applicable contract,
  • limit disclosure to personnel who need to know and are bound by confidentiality obligations,
  • protect it using reasonable care.

8. Data Protection

Personal data processing is described in the Privacy Policy. Where we process personal data on behalf of a Customer within the Platform, the Customer typically acts as controller and we act as processor, and a separate DPA may apply.

9. Availability, Maintenance, Support

We strive to keep the Services available and secure. The Services may be temporarily unavailable due to maintenance, updates, or events outside our control. We do not guarantee uninterrupted availability unless a specific SLA is agreed in writing.

10. Disclaimer

The Services are provided "as is" and "as available", to the maximum extent permitted by law.

You acknowledge that outputs depend on your inputs, configuration, and validation. You remain responsible for decisions made based on the results produced by the Services.

11. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect or consequential damages (loss of profit, revenue, business, goodwill, or business interruption).
  • Our total aggregate liability arising out of or related to the Services is limited to the fees paid by the Customer to us in the [3/6/12] months preceding the event giving rise to the claim (or EUR [●], whichever is higher), unless mandatory law provides otherwise.

Nothing limits liability that cannot be limited under applicable law (e.g., fraud, wilful misconduct).

12. Suspension and Termination

We may suspend access immediately if necessary to protect security/integrity, comply with legal requirements, or prevent misuse/material breach.

If you only use the public website, you may stop using it at any time. For paid access, termination terms are governed by the applicable contract.

13. Changes

We may update these Terms from time to time. Material changes will be communicated via reasonable means (website notice and/or email where appropriate). Continued use after the effective date constitutes acceptance.

14. Governing Law and Jurisdiction

These Terms are governed by French law. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Bayonne, France, subject to mandatory rules.

15. Contact

Email: contact@cyfyn.com

Postal address: Appartement B21, 9 Rue Benoît Sourigues, 64100 Bayonne, France