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Terms of Service

Last updated: January 2025

Welcome to BLUE EDEN. These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our website or engaging our services. If you do not agree with any part of these Terms, you may not use our services.

1. Definitions

  • "BLUE EDEN," "we," "our," or "us" refers to BLUE EDEN, a software development agency based in Tunisia.
  • "Services" refers to all services provided by BLUE EDEN, including but not limited to web development, mobile app development, AI solutions, design, consulting, and related services.
  • "Client," "you," or "your" refers to any individual or entity that accesses our website or engages our services.
  • "Website" refers to the BLUE EDEN website and all associated pages.
  • "Deliverables" refers to any work product, code, designs, or materials created by BLUE EDEN for a client.

2. Services

BLUE EDEN provides software development and related technology services. The specific scope, deliverables, timeline, and compensation for any engagement will be defined in a separate written agreement or statement of work between BLUE EDEN and the client.

We reserve the right to refuse service to anyone for any reason at any time.

3. Website Use

By using our website, you agree to:

  • Use the website only for lawful purposes
  • Not attempt to gain unauthorized access to any part of the website
  • Not interfere with or disrupt the website's operation
  • Not use automated systems to access the website without permission
  • Not transmit any malicious code, viruses, or harmful content
  • Not collect or harvest any information from the website without consent

4. Intellectual Property

Website Content

All content on this website, including text, graphics, logos, images, and software, is the property of BLUE EDEN or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

Client Deliverables

Ownership of deliverables created for clients will be specified in the applicable project agreement. Generally, upon full payment, clients receive ownership or license rights to the deliverables as specified in their contract.

Pre-existing Materials

BLUE EDEN retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in providing services. Clients receive a license to use these materials only as part of the delivered solution.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of an engagement. This includes, but is not limited to, business strategies, technical specifications, customer data, and financial information.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or rightfully received from third parties.

6. Payment Terms

Payment terms for services will be specified in the applicable project agreement. Unless otherwise stated:

  • All fees are quoted and payable in the currency specified in the agreement
  • Invoices are due upon receipt unless otherwise specified
  • Late payments may incur interest at the maximum rate permitted by law
  • We reserve the right to suspend services for overdue accounts

7. Warranties and Disclaimers

Website

This website is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

Services

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Any specific warranties for project deliverables will be outlined in the applicable project agreement.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, BLUE EDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE EDEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless BLUE EDEN and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or materials you provide to us

10. Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including breach of these Terms.

Termination of specific service engagements will be governed by the applicable project agreement.

Upon termination, provisions of these Terms that by their nature should survive will remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Tunisia, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Tunisia.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will provide notice by updating the "Last updated" date at the top of this page.

Your continued use of our website or services after any changes constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any applicable project agreements, constitute the entire agreement between you and BLUE EDEN regarding your use of our website and services.

15. Contact Us

If you have any questions about these Terms of Service, please contact us:

BLUE EDEN
Tunisia
Contact Form