Terms of Use & Terms of Sale

These Terms of Use govern access to and use of the kolixia.com website, published by Kolixia (Endy ALEXIS, Sole Trader, see our legal notice).

The site is freely accessible to any user with internet access. Kolixia may, without notice, suspend, interrupt or restrict access to the site, in particular for maintenance purposes, without any liability arising from this.

All elements of the site (text, visuals, logos, code) are protected under intellectual property law. Any unauthorized reproduction is prohibited, in accordance with the site's legal notice.

The user agrees to use the site as intended and not to:

• harm the proper functioning of the site (introducing viruses, attempting intrusion, etc.);
• extract or reuse, through automated means, all or a substantial part of the site's content without authorization;
• use the site for fraudulent purposes or in a manner contrary to public order.

Kolixia does not guarantee the absence of errors, interruptions or technical malfunctions on the site. Links to third-party sites are provided for informational purposes; Kolixia has no control over their content.

The processing of personal data collected through the site is described in our privacy policy.

These Terms of Sale apply to any software development, web or mobile application, SaaS platform, artificial intelligence, business automation or maintenance service provided by Kolixia (Endy ALEXIS, Sole Trader, SIREN 890 629 587) to its clients, whether businesses (B2B) or consumers (B2C).

They prevail over any purchasing terms of the client, unless expressly and jointly agreed otherwise in writing. The kolixia.com website has no ordering or online payment feature: every service is subject to a prior quote and agreement between the parties.

Every service is subject to a prior quote detailing the scope, deliverables, price and indicative timeline. The contract is deemed formed once Kolixia receives the quote signed or accepted in writing (including by email) by the client, together with the deposit set out in section 3.

• A deposit of 30% of the total amount is due upon order.
• The balance is payable according to the schedule set out in the quote; failing a specific schedule, it is due upon delivery of the service.
• Accepted payment methods: credit card, PayPal, bank transfer.
• Prices are expressed in euros. VAT not applicable, art. 293 B of the French General Tax Code, for as long as Kolixia benefits from the VAT exemption for small businesses.

Timelines indicated in the quote are provided for guidance only. They may be revised if the client requests a change in scope during the project, or if the client is late in providing information required for the service.

The client agrees to provide, in a timely manner, the information, access, content and approvals required to properly carry out the service. Any delay attributable to the client may result in a proportional adjustment of the agreed timeline, without Kolixia being held liable.

Kolixia warrants the proper functioning of the delivered service for a period of 12 months from delivery, covering the correction of blocking defects identified within the original scope of the quote.

This warranty does not cover: functional changes not included in the original quote, corrective maintenance related to updates of third-party components or dependencies, or malfunctions resulting from a modification of the deliverable by the client or a third party not authorized by Kolixia.

Maintenance is not included in the price of the initial service. It is offered as a separate subscription, freely subscribed to by the client under a separately presented offer.

Intellectual property rights over deliverables developed by Kolixia (source code, specifically created graphic works) are transferred to the client upon full payment of the agreed price. Until full payment is received, Kolixia retains all rights over the deliverables.

Unless the client requests otherwise in writing, Kolixia retains the right to reference the completed project as a commercial reference (client name, screenshot, general project description).

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to service contracts fully performed before the end of the legal withdrawal period where performance began with the consumer's prior express agreement, nor to goods or services made to the consumer's specifications or clearly personalized, which is the case for the custom development services offered by Kolixia.

The consumer client is informed of this exception in the quote and gives express agreement to the immediate start of the service upon accepting it.

In the event of a serious breach by either party of its obligations, not remedied within 15 days of a formal notice having had no effect, the other party may terminate the contract as of right, without prejudice to any damages.

If the client terminates the contract without any fault on the part of Kolixia, the deposit paid remains the property of Kolixia as a lump-sum compensation for work already undertaken, without prejudice to invoicing for work actually carried out beyond that amount.

Neither party may be held liable for a failure to perform its obligations resulting from a case of force majeure, as defined by French case law and Article 1218 of the French Civil Code.

These Terms of Sale are governed by French law.

In the event of a dispute, the parties will endeavor to reach an amicable solution before any legal action. Failing an amicable agreement:

• for business clients, the Commercial Court of Évry shall have sole jurisdiction;
• for consumer clients, standard territorial jurisdiction rules apply, and in accordance with Article L616-1 of the French Consumer Code, every consumer has the right to use a consumer mediation service free of charge in the event of a dispute not resolved directly with Kolixia. (The contact details of the competent consumer mediator will be added to this page once an accredited mediator has been appointed by Kolixia, in line with its legal obligation towards consumer clients.)