Terms of use

Last updated: 10/01/2024

These Terms of Use ("Terms") set forth the terms and conditions of Cassiel SAS, doing business as Thaloz ("us," "our," or "we"), applicable to your ("you" or "your") use of the Thaloz website located at https://thaloz.com, and any related software, applications, services, and/or products (collectively, the "Platform"). This includes, without limitation, your use of the Platform: (A) to obtain development services as a "Client," (B) to perform development services as a "Developer," or (C) to partner with us to provide developers to clients as a "Partner." Your use of the Platform constitutes your agreement to all the terms and conditions in these Terms, and we encourage you to read the Terms carefully. If there is any conflict between these Terms and any other agreement (written or oral) between Thaloz and you, these Terms will control.

IF YOU OBJECT TO ANYTHING IN THESE TERMS, INCLUDING THE WAIVERS IN SECTION 25, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM AND EXIT IMMEDIATELY, AS YOU ARE NOT AUTHORIZED TO USE THE PLATFORM.

For purposes of these Terms, "Thaloz" refers to Cassiel SAS and Be Remote SAS, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and assigns. "User" means any person who accesses or uses the Platform, including Clients, Developers, and Partners.

You agree that Thaloz may revise, modify, and/or supplement the Terms ("Revised Terms") at any time. Any Revised Terms will be effective immediately after notice is sent to you via email or posted on the Platform. If you do not agree to the Revised Terms, you must stop using the Platform and close your account by emailing us at support@thaloz.com. By continuing to use the Platform after such notice or failing to deactivate your account, you expressly agree to be bound by the Revised Terms.

1. General Terms

1.1 Privacy Policy

Refer to the Thaloz Privacy Policy at https://thaloz.com/privacy-policy for information on how Thaloz collects, uses, and discloses information about you.

1.2 License

Subject to these Terms, Thaloz grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use. All rights not expressly granted to you are reserved by Thaloz.

1.3 Platform Eligibility

To use the Platform, you represent and warrant that you: (A) Are at least eighteen (18) years of age; (B) Have the authority to enter into these Terms; (C) Will not violate any other agreements by agreeing to these Terms; (D) Are not restricted from using the Platform in any jurisdiction; (E) Are not using the Platform in competition with Thaloz; and (F) Will only maintain one account at any given time.

1.4 Platform as a Venue

The Platform provides a venue where Clients and Developers connect for the performance of development services ("Services"). Clients and Developers contract directly with each other, and Thaloz is not a party to those contracts or agreements. By using the Platform, you agree that no joint venture, partnership, employment, franchise, or agency relationship exists between you and Thaloz, or between Thaloz and any other User.

2. Independent Contractors

Thaloz does not employ Developers. Developers are independent contractors, meaning they can accept or reject Services and provide their own tools. It is the Client's responsibility to supervise the Services provided by Developers. Thaloz is not responsible for taxes, social security, or other payroll withholdings. You agree to indemnify Thaloz for any tax liabilities arising from your use of the Platform.

3. User Responsibilities

You agree to: (A) Use the Platform honestly, respectfully, and in compliance with all applicable laws; (B) Provide accurate information in your profile and update it as necessary; (C) Maintain the security and confidentiality of your account credentials; (D) Be responsible for all activities under your account; (E) Use the Platform solely for permitted purposes.

4. Prohibited Uses

In connection with your use of the Platform, you agree not to: (A) Act dishonestly or unprofessionally; (B) Reverse engineer, decompile, or attempt to access the Platform's source code; (C) Use the Platform to send unsolicited messages (spam); (D) Engage in any unlawful, harmful, or fraudulent activities; (E) Impersonate others or misrepresent your identity.

5. Client Fees

Clients agree to pay the fees associated with the use of the Platform for Developer Services ("Subscription Fees"). Fees are payable in advance and must be maintained at all times to cover ongoing Services.

6. Developer Payments

Developers are paid on a "time and materials" basis for the Services provided. Payments are processed by the 10th of the month following the month of service.

7. Dispute Resolution

Disputes between Clients and Developers must be resolved directly. If a dispute cannot be resolved, Clients can report the issue to Thaloz within 10 business days. The sole remedy will be the reperformance of the disputed Services or, if reperformance is not possible, a refund of the disputed amount.

8. Account Termination

Thaloz reserves the right to suspend or terminate your account at any time for any reason. If your account is terminated, you may not re-register without our express permission.

9. Confidentiality

Any information shared between Users and Thaloz is considered confidential. Users agree not to disclose confidential information unless required by law.

10. Limitation of Liability

Thaloz will not be liable for any indirect, incidental, consequential, or special damages arising from your use of the Platform, even if advised of the possibility of such damages. In no event will Thaloz's total liability exceed five hundred U.S. dollars ($500).

11. Jurisdiction and Governing Law

Any disputes will be governed by the laws of Uruguay, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Montevideo, Uruguay.

12. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without any warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.