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Terms and conditions

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This document contains important information about your rights and obligations and includes various limitations and exclusions, setting out the liability of Cybershift S.R.L., the jurisdiction for resolving disputes, and the law applicable to the Terms and the Services provided.

Introduction

These terms of use (the “Terms”) set out the conditions that govern (i) access to and use of our site available at the URL https://cybershift.dev (the “site”) and (ii) access to and use of the site’s content, including the services provided by Cybershift S.R.L. both through and outside our site (the “Services”).

These Terms constitute an agreement between you — (i) as a natural or legal person taking note of the services offered (the “Client”) or (ii) as a user merely browsing our site (the “you” or “user”) — and Cybershift S.R.L., with its registered office in Berceni, Ilfov county, str. Câmpului nr. 47V, EUID ROONRC J40/19412/2021, sole registration code (CUI) 45190118 (the “Company”, “Cybershift” or “we”).

Using the site confirms that you understand and agree to all of these Terms. If you use the site on behalf of a company, you represent that you have the right to accept these Terms on behalf of that company; in such a case, “you” refers to the company you represent.

We reserve the right to amend these Terms at any time. If we make changes, we will publish the updated version on our site and update the “last updated” date shown at the top of these Terms. Please review these Terms periodically. Any change applies from the date it is made, and your continued access to or use of the site after the Terms have been updated constitutes acceptance of the changes.

The site

Our site helps clients obtain as much information as possible about potential purchases of our services relating to the building of websites and software solutions (the “services”). The site contains descriptions of the services offered by our staff, who are qualified in the design, development and styling of solutions customised for each client.

All information about the services we provide may be used solely by the user and may not be distributed to a third party. The Client may not sell or use any information from the site for any purpose other than to request details about Cybershift S.R.L.’s services. Prospective clients must secure their own internet access and pay any related charges; the Client agrees to comply with all copyright restrictions placed on the site’s content.

Intellectual property

“Intellectual Property Rights” means any intellectual property rights (including industrial property rights) as well as any other similar rights that may exist anywhere in the world, whether or not they are manifested online, including, without limitation, economic copyright and related rights, sui generis rights (including in databases), rights in inventions, trademark rights or geographical indications, rights under the law of industrial designs and models, rights in trade names, domain names, know-how, trade secrets and business secrets, and any other similar or equivalent rights that exist or will exist in the future.

Unless otherwise indicated, all elements of the site https://cybershift.dev, all products and all content within it are owned by us (or, as the case may be, our licensors) and are protected by Intellectual Property Rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, images, systems, information, data, methods, program code, services and any other documentation provided (the “Content”) are owned by us or our licensors and are protected by Intellectual Property Rights.

You may use the site and the Content solely for the purpose of informing yourself about our offers and contacting our specialists about a potential project. The following are not permitted:

  • using the site and the Content outside the permitted purposes;
  • using any algorithms, robots or similar methods to collect or extract data;
  • assigning, licensing or sublicensing the Content;
  • copying, decompiling or attempting to discover the source code of the site or the Content;
  • removing, altering or concealing any copyright notices, registered trademarks or other proprietary rights notices included in the site or the Content.

Any use of the site or the Content other than as expressly authorised in these Terms, without our prior written permission, is strictly prohibited. Such unauthorised use may also breach applicable laws, including copyright and trademark laws. Except as we expressly state, nothing in these Terms shall be construed as granting any licence over intellectual property rights.

For clarity, all Intellectual Property Rights in the Content belong to Cybershift S.R.L. Cybershift grants the Client a non-exclusive, territorially unlimited licence, for the entire operational lifetime of the site, strictly for use for the purpose for which the Content was generated and solely by the Client while using the site.

User content

You are solely responsible for all content you create, transmit and/or distribute through the site (“User Content”). Accordingly, you agree not to create, transmit and/or distribute through https://cybershift.dev any User Content that:

  • is unlawful, or that would constitute, encourage or provide instructions for an offence, or that infringes the rights of any party or any national or international law;
  • is defamatory, profane, obscene, pornographic, sexually explicit, indecent, vulgar, violent, harassing, threatening, offensive, discriminatory, abusive, invasive of privacy or publicity rights, fraudulent or deceptive;
  • impersonates another person or entity, or wrongly creates an affiliation with a person or entity;
  • may infringe a trademark, trade secret, copyright or other intellectual property right;
  • contains statements or assertions that do not reflect your genuine opinions and experiences;
  • is designed to deceive or mislead users of the site.

User conduct

You are solely responsible for your own conduct while accessing and using our site. You agree to use https://cybershift.dev only for lawful purposes and in accordance with these Terms and any applicable laws or regulations. You agree that you will not engage in, and will not allow any third party to engage in, without limitation, any of the following:

  • using the site for any unlawful or unauthorised purpose, or encouraging or promoting any illegal activity or any activity that breaches these Terms;
  • infringing the legal rights and legitimate interests of others, including the intellectual property rights of any party;
  • removing any copyright, trademark or other intellectual property notices relating to the site;
  • using any robot, algorithm or other automated means not provided by us to access the site or to extract data;
  • attempting to falsely indicate that you have a connection with us;
  • uploading or distributing any User Content that is defamatory, unlawful, fraudulent, obscene, harassing or otherwise unacceptable;
  • distributing harmful components such as viruses or corrupted files;
  • exploiting the site for any unauthorised commercial purpose;
  • accessing or using the site for the purpose of creating a product or service competitive with our services.

Indemnification

You agree to defend and indemnify Cybershift S.R.L. and any of our agents, employees, licensors, suppliers or partners against any claims, damages, payments, fines, judgments, liabilities, losses, costs and expenses of any kind — including litigation costs, legal fees and attorneys’ fees — arising out of or in any way related to (i) your use of https://cybershift.dev, (ii) your breach of these Terms or of the rights of any third party, or (iii) your breach of applicable laws in connection with your conduct, access or use of the site.

Disclaimer of warranties

You understand and agree that your use of https://cybershift.dev is at your own risk and that the entire risk as to quality, performance, safety and accuracy lies with you. The site is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we make no warranty (express or implied) in connection with the site or external sites or applications, including implied warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of others, or accuracy or reliability. We do not warrant that the site will meet your requirements or that its use will be uninterrupted, secure or error-free.

You understand and agree that your use of the information contained in the presentation of our services is at your own risk. Cybershift S.R.L. shall not be liable in any way for any damage (direct, indirect or incidental) resulting from the use of, or inability to correctly use, the information presented on the site, or for any errors or omissions in the content.

Quotes and offers

We present our services in the section describing our packages for building websites and software solutions. Using the contact options available on the site (the contact form or scheduling a call) initiates a conversation with our team, in which you set out your needs. Any client with whom a project is agreed will conclude a services contract setting out all legal aspects in accordance with the applicable legislation.

Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by applicable law, in no event shall Cybershift S.R.L. be liable to you or to any third party for any direct, indirect or consequential damages — including, without limitation, any claim, loss, damage, cost, fee, fine, expenses or other obligation of any nature, damages for loss of profits or loss of business reputation — arising out of or in connection with https://cybershift.dev, including the services provided, regardless of the theory of liability (contractual or tortious).

We shall not be liable for any breach or delay in the performance of our obligations resulting from any situation beyond our reasonable control, including acts or omissions of third parties, earthquake, fire, floods or technical malfunctions (internet connection, server access, etc.). You acknowledge that the site is internet-based and accept the inherent security risks, including the risk of losing internet connections or of hardware or software failure.

External sites

https://cybershift.dev may contain links to third-party sites, social platforms or resources. These links are provided for information only. Cybershift S.R.L. cannot control the nature or content of these external sources and is therefore not responsible for the use or unavailability of third-party sites or for the content available on them.

Changes to the site

We may, at our discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part or feature of https://cybershift.dev. In no event shall Cybershift S.R.L. be liable for restricting or disabling access to any part or feature of the site.

Suspension or termination of access

If you breach these Terms, we may suspend or terminate, in whole or in part, your access to https://cybershift.dev, at our discretion, immediately and without prior notice. We may also remove certain types of Content where it breaches the provisions of these Terms.

Assignment

Cybershift S.R.L. may assign these Terms and/or any of its rights, or delegate its obligations under these Terms, without your consent. All provisions extend to, and are binding upon, the successors and assignees of Cybershift S.R.L. You may not assign these Terms or any of the rights and obligations arising from them without the prior consent of Cybershift S.R.L.

Personal data

Please consult our Privacy Policy for relevant information about how we collect, use, store and disclose your personal data.

Severability

If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

No waiver

Enforcement of these Terms is at our sole discretion, and our failure to enforce any of the provisions in particular cases does not constitute a waiver of our right to enforce those provisions in other cases.

Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania. Any dispute arising out of or in connection with these Terms or the Services provided by Cybershift S.R.L. shall fall under the exclusive jurisdiction of the courts of Bucharest, Romania.

Unusual clauses

By accepting these Terms, you expressly accept and agree to the provisions concerning limitations of liability, the choice of law and jurisdiction, and unilateral termination and suspension of performance.

Contact

Questions about these Terms: office@cybershift.dev.