Terms and Conditions

1. Acceptance of Terms

By downloading, accessing, or using our mobile applications or website, you agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you do not agree to these Terms, you must not use our services. These terms comply with the laws of France and the European Union General Data Protection Regulation (GDPR).

2. App Store & Google Play Specific Terms

The following terms apply specifically to any mobile application accessed through or downloaded from the Apple App Store or Google Play Store (the "App Distributors"):

• Acknowledgment: You and TORC Digital acknowledge that these Terms are concluded between you and TORC Digital only, and not with Apple Inc. or Google LLC. TORC Digital, not the App Distributors, is solely responsible for the mobile application and its content.
• License Scope: The license granted to you for our mobile applications is a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
• Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the mobile application. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services.
• Third-Party Beneficiaries: You and TORC Digital acknowledge and agree that Apple, Apple’s subsidiaries, and Google are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, they will have the right to enforce these Terms against you as a third-party beneficiary thereof.

3. Refund and Cancellation Policy

At TORC Digital, we strive to ensure absolute satisfaction with our digital products and development services. Due to the nature of digital goods, the following refund rules apply:

• Custom Development Services: For web architecture, app development, and marketing campaigns, refunds are strictly governed by the individual Service Level Agreement (SLA) signed before project commencement. Once development work has begun, payments are generally non-refundable.
• In-App Purchases: For standard digital products or in-app purchases made via the Apple App Store or Google Play Store, refund requests must be directed to the respective App Distributor based on their platform policies.
• Direct Purchases: For software purchased directly through our website, you are entitled to a 14-day withdrawal period under French consumer law, provided the digital content has not been downloaded or accessed.

4. Data Protection and Privacy (GDPR)

In accordance with the French Data Protection Act (Loi Informatique et Libertés) and the GDPR, we are committed to protecting your personal data. Any personal information collected through our applications or website is processed transparently and securely. You have the right to access, rectify, or erase your data by contacting us directly. For extensive details, please review our comprehensive Privacy Policy.

5. Intellectual Property Rights

Unless otherwise stated, TORC Digital and/or its licensors own the intellectual property rights for all material on our platforms. All intellectual property rights are reserved. You may access this from TORC Digital for your own personal use subjected to restrictions set in these terms. You must not republish, sell, rent, or reverse-engineer any part of our digital products.

6. Acceptable Use

You agree not to use our applications or website in any way that causes, or may cause, damage to the platform or impairment of the availability or accessibility of the services; or in any way which is unlawful, illegal, fraudulent, or harmful under French and international law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TORC Digital, its directors, employees, or partners be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, our services.

8. Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Paris, France.

9. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Continued use of our platforms after any such changes constitutes your consent to the updated Terms.