1. Acceptance of Terms
By accessing or using the services of KodeCoder ("KodeCoder", "we", or "us"), you agree to be bound by these Terms of Service. If you do not agree with any of them, please do not use our services.
These Terms constitute a legal agreement between you (an individual or legal entity) and KodeCoder. Your continued access to or use of our services constitutes acceptance of any published modifications.
2. Description of Services
KodeCoder provides bespoke software development services, including web and mobile development, data engineering, and digital marketing. The specific scope of each engagement is set out in the applicable quote or service agreement.
We reserve the right to modify, suspend or discontinue any aspect of our services at any time, with or without notice, without liability to you or any third party.
3. User Account
To access certain features of the client portal you need an account. You can create it yourself through the registration form, in which case it stays pending until we approve it, or activate it through the invitation we email you when you become a client (the link expires after 7 days and we can send you a new one). You are responsible for:
- Keeping your login credentials confidential.
- Notifying us immediately of any unauthorised use of your account.
- Ensuring all information you provide is truthful, accurate and up to date.
KodeCoder is not liable for any loss or damage arising from your failure to meet these obligations.
4. User Obligations
When using our services, you agree not to:
- Use the services for any illegal or fraudulent purpose.
- Attempt to gain unauthorised access to any systems, networks or data.
- Transmit viruses, malware or other malicious code.
- Infringe the intellectual property rights of KodeCoder or any third party.
- Reverse-engineer or decompile any software provided, except where expressly permitted by law.
- Violate any applicable laws, including export control and data protection regulations.
5. Intellectual Property
Website content: All text, images, logos, designs, source code and other content published on kodecoder.com is the property of KodeCoder or its licensors and is protected by applicable intellectual property law.
Project deliverables: Unless otherwise agreed in writing, upon receipt of full payment of the agreed fee, KodeCoder assigns to the client the intellectual property rights in the bespoke deliverables specifically developed for that project. Pre-existing code, libraries and tools used in the development remain licensed under KodeCoder's or their original owners' licences.
6. Limitation of Liability
To the maximum extent permitted by applicable law:
- Services are provided "as is" and "as available", without warranties of any kind, express or implied.
- KodeCoder shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data or goodwill.
- KodeCoder's total liability to the client, for any cause whatsoever, shall not exceed the amounts actually paid by the client for the relevant services in the twelve (12) months preceding the event giving rise to the claim.
7. Termination
Either party may terminate the service relationship by written notice with 30 calendar days' advance notice. KodeCoder may terminate immediately upon the client's material breach, including non-payment of overdue invoices or fraudulent use of the services.
Upon termination, the client shall pay all amounts accrued up to the effective date. Clauses relating to intellectual property, limitation of liability and governing law shall survive termination.
8. Governing Law
These Terms are governed by Spanish law. For the resolution of any dispute arising from their interpretation or performance, the parties submit to the courts of the city where KodeCoder has its registered office, waiving any other jurisdiction, unless mandatory applicable law provides otherwise.
9. Changes
We may update these Terms from time to time. We will post the revised version on this page with the updated date. For material changes, we will notify you via a prominent notice on the website or by email at least 15 days in advance.