Terms of service

These Terms of Service ("ToS") set out the rights and obligations of Avia Creative Solutions, operating under the commercial brand Techflow, and of its users in connection with the use of its services.

‍

Article 1 - Principles

‍

These Terms of Service apply to services provided between professionals (service provider / client). They constitute the sole basis of the business relationship between the parties, and the user is deemed to accept them without reservation.

These Terms of Service prevail over any other document and apply, without restriction or reservation, to all services provided by Techflow to its clients. Techflow reserves the right to amend its Terms of Service from time to time. The new terms will apply as soon as they are published online.

Company identification:

-  Legal name: Techflow Agency PTE LTD

-  Trade name: Techflow

-  Registered office: 160 ROBINSON ROAD, #14-04, SINGAPORE BUSINESS FEDERATION CENTER, SINGAPORE 068914

-  Chief Executive Officer: Maximilien Grolier

-  Contact: maximilien@techflow-agency.com

‍

Article 2 - Content and Services

‍

These Terms of Service define the rights and obligations of the parties in connection with the services offered by Techflow, including:

-  Website creation

-  Automation consulting services

-  Web and mobile application development

-  Any other digital services offered on the website

These terms apply only to services performed in France for clients located in French territory. For any service performed outside France, a specific quote must be established.

‍

Article 3 - Ordering and Performance of Services

‍

Acceptance of a quote or the placement of an order implies the client's full and unreserved adherence to these Terms of Service. For any order, the client must:1- Accept these Terms of Service2- Complete the contact or quote request form with accurate information3- Make payment in accordance with the agreed terms

Techflow reserves the right to refuse or suspend any service in the event of:

-  Non-payment

-  Inaccurate information

-  A request that does not conform to our services

-  Force majeure

‍

Article 4 - Intellectual Property

‍

Techflow retains ownership of all intellectual property rights in the studies, drawings, models, prototypes, etc., produced in connection with its services. The client is therefore prohibited from reproducing or exploiting such elements without the express, prior, written authorization of Techflow.

‍

Article 5 - Protection of Personal Data

‍

In accordance with the General Data Protection Regulation (GDPR), Techflow undertakes to:

-  Collect only the data necessary for its services

-  Protect users' personal data

-  Respect the rights of access, rectification, and deletion of data

-  Not disclose this information to third parties without authorization

‍

Article 6 - Liability

‍

Techflow implements all necessary means to ensure that services are provided under the best possible conditions. Nevertheless, its liability cannot be engaged in the event of:

-  Force majeure

-  Misuse of the services by the client

-  Failure to comply with technical requirements

-  Inaccurate information provided by the client

‍

Article 7 - Hosting

‍

The website is hosted by:Webflow, Inc.398 11th Street, 2nd FloorSan Francisco, CA 94103

‍

Article 8 - Disputes

‍

These Terms of Service are governed by French law. In the event of a dispute, an amicable resolution will be sought before any legal action. Failing that, the courts of Paris shall have sole jurisdiction.

‍

Article 9 - Payment Terms and Deadlines

‍

PaymentPayment for services is made in accordance with the terms agreed in the quote or purchase order. Techflow reserves the right to suspend any service in the event of:

-  Refusal of payment authorization

-  Non-payment of a previous order

-  An ongoing payment dispute

A payment verification procedure is in place to ensure transaction security. Proof of identity and proof of address may be requested.

Late PaymentAny late payment will render the full amount due immediately payable, without prejudice to any other action Techflow may be entitled to take.

‍

Article 10 - Delivery Timeframes

‍

Delivery timeframes are indicated at the time of the order and run from the date the order is confirmed. For services performed in mainland France, the standard timeframe is 12 business days.

Techflow's liability cannot be engaged in the event of delay due to:

-  Force majeure

-  Announced closure periods

-  Temporary unavailability

‍

Article 11 - Terms of Performance

‍

Performance of the services begins only after:

-  Confirmation of payment

-  Validation of the purchase order

-  Receipt of all necessary materials

A completion document will be issued, allowing the client to raise any objections.

‍

Article 12 - Techflow's Obligations

‍

Techflow undertakes to:

-  Perform the services in accordance with applicable professional standards

-  Assign qualified professionals to projects

-  Comply with defined quality standards

-  Maintain the confidentiality of information

‍

Article 13 - Client's Obligations

‍

The client undertakes to:

-  Provide complete and accurate information

-  Make decisions within the agreed timeframes

-  Designate a primary point of contact

-  Ensure the availability of key personnel

-  Report any difficulty relating to the performance of the services

‍

Article 14 - Confidentiality and Data Protection

‍

Confidentiality Information exchanged is considered confidential for a period of one month following the end of the services. This includes:

-  Working documents

-  Reports and analyses

-  Technical and commercial information

-  Methodologies and know-how

Exclusions The following are excluded from this confidentiality obligation:

-  Publicly available information

-  Information lawfully obtained from other sources

-  Information required by legal authorities

‍

Article 15 - Intellectual Property

‍

Techflow retains ownership of the intellectual property in:

-  Its original creations

-  Its methodologies and know-how

-  Its tools and proprietary developments

The client is granted an internal right of use over the deliverables, without authorization for:

-  Commercial distribution

-  Modification without agreement

-  Assignment to third parties

‍

Article 16 - Documents and Archiving

‍

Techflow undertakes to:

-  Retain the original documents provided

-  Return them upon the client's request

-  Maintain a secure working copy

-  Respect the confidentiality of documents

Working documents created by Techflow remain its property and are protected by professional secrecy.

‍

Article 17 - Independence

‍

Should a conflict of interest or an independence issue arise during the performance of the services, Techflow (legal name: Avia Creative Solutions) will immediately inform the buyer and will work with them to find the most appropriate solution in compliance with applicable rules. In particular, if a change in regulations or professional standards were to prohibit Techflow from continuing its services, Techflow will provide the buyer with the results of the services performed and all documents necessary for their completion, including documents in their current state, in order to facilitate their continuation by a third party.

‍

Article 18 - Techflow's Liability

‍

The full liability of Techflow, its staff, and its officers, including Maximilien Grolier (Chief Executive Officer and publication director), for any breach, negligence, or fault identified in the performance of the services, shall be capped at the amount of fees paid for the services in question. This cap covers all claims of any kind (including interest and costs), regardless of the number of actions or parties involved in the disputes. This provision does not apply in the event of death, personal injury, or other liabilities that the law prohibits excluding or limiting. Techflow's liability is limited to proven direct damages, excluding indirect damages such as loss of profit or loss of opportunity.

Article 19 - Warranty

‍

Techflow warrants the buyer against any defect of conformity or hidden defect related to a design flaw or a flaw in the provision of the services. However, this warranty excludes any negligence or fault on the part of the buyer. Where liability is established, Techflow's warranty is limited to the amount (excluding tax) paid by the buyer for the service in question.

‍

Article 20 - Assignment and Subcontracting

‍

Techflow reserves the right to assign all or part of the performance of the services to subcontractors meeting the same qualification requirements. If specific technical skills are required, Techflow will inform the buyer of the possibility of subcontracting part of the service. The subcontractor will act under Techflow's responsibility and will be required to comply with the confidentiality obligations related to the service.

Article 21 - Claims

‍

All claims relating to the performance of the services must be made within one year from the end of the service in question.

‍

Article 22 - Right of Withdrawal

‍

As the buyer is a professional acting within the scope of their business activity, the right of withdrawal provided for under the French Consumer Code does not apply.

‍

Article 23 - Force Majeure

‍

Any circumstances beyond the control of the parties that prevent the normal performance of obligations shall be considered grounds for exemption from the parties' obligations. Such circumstances include, but are not limited to, natural disasters, disruptions to means of transportation, or interruptions to telecommunications networks. If a force majeure event continues for more than three months, these Terms of Service may be terminated by the aggrieved party.

‍

Article 24 - Partial Invalidity

‍

If one or more clauses of these terms are declared invalid, the remaining clauses shall retain their full validity and effect.

‍

Article 25 - No Waiver

‍

The fact that either party does not enforce a clause shall not constitute a waiver of its rights for the future.

‍

Article 26 - Title

‍

In the event of a discrepancy in interpretation between a heading and the content of the corresponding clause, only the content of the clause shall be taken into account.

‍

Article 27 - Protection of Personal Data

‍

Personal data collected via the Techflow website (legal name: Avia Creative Solutions, registered office: 229 rue Saint-Honoré, 75001 Paris) includes information necessary for the use of the services, such as email address or cookies. This data is used for the management and optimization of the website, which is hosted by Webflow, Inc. (398 11th Street, 2nd Floor, San Francisco, CA 94103). Users may exercise their rights (access, rectification, deletion, etc.) by contacting Maximilien Grolier at maximilien@techflow-agency.com.

Data CollectedPersonal data collected on this website includes:

-  Profile: when using the site's services, information such as an address and phone number may be provided.

-  Communications: exchanges between members via the site are temporarily stored.

-  Cookies: cookies are used to improve the user experience. They can be disabled via browser settings.

Use of Personal DataThe data collected is used to provide, optimize, and secure the site's services. It is used to:

-  Enable access to and use of the site.

-  Optimize the site's functioning.

-  Facilitate interactions between users.

-  Provide customer support.

-  Personalize services and display targeted advertising.

-  Prevent fraud and manage security.

-  Resolve any disputes.

-  Send commercial information in accordance with your preferences.

Sharing of Personal Data with Third PartiesPersonal data may be shared in the following cases:

-  When a user posts information in public areas of the site.

-  When a user authorizes a third-party site to access their data.

-  With external service providers (advertising, payments, support), in compliance with applicable laws.

-  To comply with legal obligations or administrative/judicial proceedings.

-  In the event of a merger, acquisition, or transfer of assets, in which case users will be informed.

Security and ConfidentialityThe site implements technical and organizational measures to protect data against unauthorized access, alteration, or destruction. However, complete security on the Internet cannot be guaranteed.

User RightsIn accordance with the GDPR, you may exercise your rights by contacting: maximilien@techflow-agency.com. These rights include:

-  Access: obtain your personal data.

-  Rectification: correct inaccurate data.

-  Deletion: request the deletion of your data.

-  Restriction: restrict the processing of your data.

-  Objection: object to the processing of your data.

-  Portability: retrieve your data in a transferable format.

Changes to This ClauseThe website may modify this policy at any time. In the event of an update, the new version will be published on the site and users will be notified by email at least 15 days before it takes effect. If you refuse the new terms, you may delete your account.

‍

Article 28 - Governing Law

‍

These Terms of Service are governed by French law. They are drafted in the French language.In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute. The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services. If they fail to reach such a solution, the parties shall submit the dispute to the competent commercial court.

‍