The website and its proprietary content is managed and owned by NetCube SASU (hereinafter the “Company”,
“Our”, “We”, “Us”) with its registered office situated at 2 Rue du Faubourg Boutonnet, 34090,
Montpellier, France. By accessing or using the ApiFlash service, including but not limited
to the website and the application programming interface, owned by NetCube SASU, You (“You” and “Your”
implies the being of person using or accessing the website) have acknowledged that you have read,
comprehended and understood, and have given your consent to be bound by, these Terms and Conditions
listed below which may be revised from time to time. If you do not agree to these terms, please refrain
from accessing and using this Website.
1.1 Use of the Website
You represent and warrant that you are at least 18 years old or
visiting this Website under the supervision of a parent or guardian. Further, you guarantee your
capacity to contract under the French laws.
Any use of the Website or its content other than for personal and
non-commercial purposes is prohibited unless it is duly licensed by us.
Subject to compliance with the T&C, we hereby grant you a
non-exclusive, non-transferable, revocable, worldwide license to access and use the Services for
commercial purposes. All rights not expressly granted to you are reserved by us and its licensors. The
limited license to use and access these Services is further limited by your accurate and successful
creation of an account and providing proper payment as may be required. If we find you to be in
violation of the T&C, we reserve the discretionary right to terminate your limited license without
Unless the due license has been procured from us, we further
require you to not
126.96.36.199.1 modify the content or use it for any commercial
purpose, or any public display, performance, sale or rental,
188.8.131.52.2 decompile, reverse engineer, or disassemble the
184.108.40.206.3 remove any copyright, trademark registration, or other
proprietary notices from the content.
You further agree not to access or use the Website in any manner
that may be harmful to the operation of the Website or its content.
your access and usage of this Website.
1.3 Product Description
We have ensured that the information and description for products
furnished on the Website are best calculated and stated to accuracy and true to its nature.
However, errors may occur due to the inherent characteristics of the programming language or by an
API/human error on our end.
We have made every effort to accurately display the features of
the product. However, we do not guarantee that your system will work in the anticipated or expected
manner always, and such an issue shall not lead to a claim of liability against us.
All payments on the website are securely processed. We accept most
major credit and debit cards. You will be advised by e-mail if we are unable to complete your
1.5 Price of the Product
Prices on the Website are subject to change without notice, and
can vary from piece to piece, and from time to time.
The parties agree to enter into good faith negotiations regarding
this T&C. In a case of materially adverse change to the product and its support, including, but not
limited to mergers, acquisitions, divestiture, demerger and downsizing, you cannot claim a refund of the
We reserve the right, at our sole discretion, to limit the
quantity or value of the items purchased by you and such restrictions may be applicable to orders placed
by the same account, the same credit/debit card, and also to orders that use the same billing and/or
1.7 Intellectual Property
Our Website may contain our service marks or trademarks as well as
those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our
Website does not constitute any right or license for you to use such service marks/trademarks, without
the prior written permission of the corresponding service mark/trademark owner. Every content,
trademark, service mark, trade name, logo and icon are the property of the Company or its affiliates or
agents and are protected by laws, international treaties and provisions relating to copyright and
You agree to indemnify and hold harmless NetCube SASU and its
affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees
(collectively, "Indemnified Parties") from and against any and all liability and costs, without
limitation, incurred by the Indemnified Parties in connection with any claim arising out of:
220.127.116.11 your access and/or use of this Website
18.104.22.168 any breach of any of these Conditions by you and/or
22.214.171.124 any allegation which, if true, would constitute a breach
of any of these Conditions by you.
1.9 Limitation of Liability
In no event will NetCube SASU, its affiliates or suppliers be
liable for any damages of any nature whatsoever resulting from, or related to, the loss, delay or
inability to use the Website (including, without limitation, any content), the loss of any content
obtained through the Website or any indirect, consequential, special, incidental or punitive damages
whatsoever including, without limitation, damages for loss of profits arising out of or in any way
connected with these Conditions or otherwise arising out of the use or performance of the Website
(including, without limitation, any content), whether based in contract, tort, negligence, strict
liability or otherwise and even if the website, its parents, affiliates or suppliers have been advised
of the possibility of such damages.
1.10 Modification of Terms
We reserve the right to change these Terms and Conditions from
time to time without any obligation to inform you and it is your responsibility to look through them as
often as possible.
If any clause of this Terms and Conditions shall be deemed
invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of the Terms and Conditions.
1.12 Governing Law
This Terms and Conditions shall be construed, interpreted and
governed by and in accordance with the law of FRANCE, and any and all laws applicable therein.
You may be subject to other local, provincial or state and
national laws. You, however, hereby irrevocably submit to the exclusive jurisdiction of the ARBITRATION
in Paris for any dispute arising under or relating to this agreement and waive your right to institute
legal proceedings in any other jurisdiction. We, and not you, shall be entitled to institute legal
proceedings in connection with any matter arising under this agreement in any jurisdiction other than in