Terms of Service

Last Updated: December 24, 2025

Welcome to BienMind. These Terms of Service ("Terms") govern your access to and use of BienMind's services, website, and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Services Description

BienMind provides SaaS development services including but not limited to:

• MVP (Minimum Viable Product) Development
• Proof of Concept (POC) Creation
• Rapid Prototyping
• AI Features Integration
• SaaS Automation
• Technical Validation

2. Acceptance of Terms

By using our Services, you represent that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

3. Service Agreement

3.1 Project Scope

Each project begins with a detailed scope of work that outlines deliverables and timeline. Changes to the scope may require additional time adjustments.

3.2 Pricing and Payment

All prices are stated in Euros (€) or US Dollars ($) as specified in your project agreement. Payment terms are as follows:

• 50% deposit required to initiate the project
• 50% balance due upon project completion and delivery
• Payment must be made via the methods specified in your invoice
• Late payments may incur a 5% monthly late fee

3.3 Timeline and Delivery

We commit to delivering projects within the agreed timeline. However, timelines may be affected by:

• Late client feedback or approvals
• Scope changes or additions
• Technical dependencies beyond our control
• Force majeure events

4. Client Responsibilities

Clients agree to:

• Provide timely feedback and approvals (within 48 hours)
• Supply all necessary materials, access, and information
• Ensure third-party services (hosting, domains) are properly configured
• Test delivered work and report issues within the agreed timeframe
• Communicate through agreed channels

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, clients own:

• Custom code developed specifically for their project
• Design assets created for their project
• Content and data they provided

5.2 BienMind Ownership

BienMind retains ownership of:

• Proprietary development frameworks and tools
• Reusable code libraries and templates
• Development methodologies and processes
• Pre-existing intellectual property

5.3 Third-Party Components

Projects may include third-party libraries, frameworks, and services subject to their own licenses (e.g., React, Node.js, open-source packages).

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that services will be performed with reasonable skill and care consistent with industry standards.

6.2 Code Quality

We provide 30 days of post-launch support to fix bugs and technical issues in delivered code.

6.3 Disclaimers

Except as expressly stated, services are provided "AS IS" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free operation
• Commercial success of your product
• Compatibility with all future technologies
• Results or outcomes from using the Services

7. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid for the specific project
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for loss of profits, data, or business opportunities
• Claims must be brought within 6 months of the issue arising

8. Confidentiality

Both parties agree to:

• Keep confidential information private
• Use confidential information only for the project purpose
• Not disclose confidential information to third parties
• Return or destroy confidential information upon request

Confidential information does not include information that is publicly available or independently developed.

9. Termination

9.1 Termination by Client

Clients may terminate the agreement with 14 days written notice. In case of termination:

• All work completed to date must be paid for
• Deposit is non-refundable
• Client receives work completed up to termination date

9.2 Termination by BienMind

We may terminate immediately if:

• Payment is more than 30 days overdue
• Client breaches these Terms
• Client engages in abusive or illegal conduct

10. Refund Policy

Our refund policy is as follows:

• Within 48 hours of project start: Full deposit refund minus 10% administrative fee
• After work has commenced: Refunds calculated based on work completed
• Post-delivery: No refunds unless deliverables fail to meet agreed specifications
• Delivery guarantee: If project is not delivered as promised, clients may request appropriate remediation

11. Portfolio and Marketing

Unless otherwise agreed in writing, BienMind may:

• Display completed projects in our portfolio
• Use project details as case studies (with anonymization if requested)
• Reference client name in our client list
• Use project images and descriptions in marketing materials

Clients may opt out by notifying us in writing.

12. Third-Party Services

Projects may integrate with third-party services (e.g., payment processors, hosting, APIs). Clients are responsible for:

• Obtaining necessary accounts and licenses
• Paying for third-party service fees
• Complying with third-party terms of service
• Understanding third-party limitations and changes

13. Data Protection and GDPR

We comply with applicable data protection laws including GDPR. See our Privacy Policy for details on how we collect, use, and protect personal data.

14. Dispute Resolution

14.1 Good Faith Negotiation

Parties agree to first attempt to resolve disputes through good faith negotiation.

14.2 Mediation

If negotiation fails, disputes will be referred to mediation before pursuing litigation.

14.3 Jurisdiction

These Terms are governed by the laws of France. Any legal proceedings shall be brought in French courts.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of Services after changes constitutes acceptance of new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, wars, pandemics, strikes, or government actions.

18. Entire Agreement

These Terms, together with any project agreement or statement of work, constitute the entire agreement between the parties and supersede all prior communications and agreements.

By using BienMind's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.