Terms and Conditions

Last updated: August 16, 2024

Please read these terms and conditions carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: France

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to JYP Software, 7 chemin des douves 59273 Fretin (France).

  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

  • Application means the self-hosted software program provided by the Company, named CTFreak, downloaded and installed by You on Your own infrastructure. The use of the Application is governed by the End-User License Agreement (EULA).

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.

  • Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

  • Website refers to CTFreak.com, accessible from https://ctfreak.com

  • You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

The use of the Application (CTFreak) is governed by a separate End-User License Agreement. These Terms do not govern Your use of the Application itself, which is a self-hosted software that You download, install and operate on Your own infrastructure.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Data Processing

The Company processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable French data protection laws. For detailed information about how We collect, use, store and protect Your personal data, please refer to Our Privacy Policy.

When using the Application, You may process data (including personal data) belonging to third parties. Since the Application is self-hosted on Your own infrastructure, You are the data controller for all data processed through the Application and are solely responsible for ensuring that Your use of the Application complies with applicable data protection laws. The Company does not have access to the data You process through the Application.

Links to Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or any services provided through the Website during the twelve (12) months preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" Disclaimer

The Website is provided to You "AS IS" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

This Terms shall be governed by and construed in accordance with the laws of France, excluding its conflicts of law rules. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Lille, France, unless mandatory consumer protection laws require otherwise.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute cannot be resolved informally within 30 days, it shall be submitted to the exclusive jurisdiction of the competent courts of Lille, France, unless mandatory consumer protection laws require otherwise.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

In accordance with Article L. 612-1 of the French Consumer Code, if You are a consumer, You have the right to resort to a consumer mediator free of charge in the event of a dispute. The Company will provide the contact details of the applicable consumer mediator upon request at hello@jyp.software. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Right of Withdrawal

If You are a consumer within the European Union, You have a right of withdrawal of 14 days from the date of purchase. However, by downloading the Application, You expressly agree that the provision of digital content begins immediately, and You acknowledge that You thereby waive Your right of withdrawal in accordance with Article L. 221-28 of the French Consumer Code.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: