ChAthenaTerms and Conditions.
The rules governing the use of ChAthena and our contractual relationship.
1. Service publisher
The “ChAthena” service is published and operated by Devside SRL (hereinafter “ChAthena”, “we” or “the Provider”), a company incorporated under Belgian law.
- Registered office: Avenue J.-F. Debecker 107, 1200 Brussels (Belgium)
- Company number (CBE): 0892.864.907
- VAT number: BE 0892.864.907
- Contact: hello@chathena.com
2. Purpose
These general terms and conditions (the “Terms”) govern access to and use of the ChAthena service as well as the contractual relationship between the Provider and any natural or legal person (the “Client”) subscribing to an offer. Any subscription implies full and unreserved acceptance of these Terms.
3. Service description
ChAthena is a service for designing and publishing applications, assisted by artificial intelligence and overseen by a team of developers. Based on a brief provided by the Client, the Provider designs, develops, tests and then publishes an application (iOS, Android and/or Web) according to the subscribed offer.
Depending on the offer, the service includes: design, development, testing, preparation of store listings, publication, maintenance and updates of the application.
4. Subscription, pricing and payment
The service is provided as a monthly subscription, with no development fees billed in advance. The current prices are indicated on the Pricing page and are exclusive of any applicable taxes.
Payment is made via a secure payment provider (Stripe). The subscription is automatically renewed each month until cancellation. In the event of non-payment, the Provider reserves the right to suspend the service.
5. Term and termination
The subscription is taken out without any minimum commitment period. The Client may cancel it at any time from their client console; cancellation takes effect at the end of the current billing period. Amounts already paid are not refunded on a pro rata basis, unless otherwise provided herein.
6. Client's obligations
- Provide accurate information and a sufficiently detailed brief;
- Hold the necessary rights to the content, trademarks and elements it submits;
- Comply with the platforms' rules (App Store, Google Play) and applicable legislation;
- Not request the creation of an unlawful or misleading application or one that breaches the stores' rules.
7. Delivery, testing and publication
The application is generally first delivered as a test version (for example via TestFlight for iOS) before its publication. The stated timeframes are indicative and depend on the complexity of the project and on the platforms' validation times, over which the Provider has no control.
Publishing is carried out under the Client's name and/or developer accounts; the Client must hold the required accounts (or ask for our help in creating them).
8. Ownership of the application
Unless otherwise agreed, the application developed for the Client, as well as the content it has provided, belong to the Client. The application is published under the Client's name and the Client remains its owner. The generic components, tools, libraries and know-how used by the Provider remain the Provider's property and may be reused.
9. Revenue
The revenue generated by the application (sales, subscriptions, in-app purchases) belongs to the Client, subject to the commissions and conditions specific to the distribution platforms (Apple, Google) and to the payment providers, which deduct their share according to their own rules, which are liable to change.
10. Refund — unfeasible project
If, after analysis, a project proves to be technically unfeasible, impossible, or prohibited by the platforms' rules, the Provider informs the Client and refunds the amounts paid in respect of that project as soon as this finding is established.
11. Disclaimer and limitation of liability
Disclaimer. ChAthena provides a best-efforts obligation and not an obligation to achieve a specific result. The Provider does not guarantee that an application will be accepted by the App Store or Google Play, whose approval rests exclusively with Apple and Google. Nor does it guarantee any level of downloads, revenue, ranking or commercial success. The applications are provided “as is”.
To the extent permitted by law, the Provider's liability is limited to the amounts actually paid by the Client during the twelve (12) months preceding the triggering event. The Provider cannot be held liable for indirect damages (loss of revenue, of data, of clientele, damage to reputation). The Provider is not responsible for unavailability, changes to rules or decisions of third-party platforms and services.
12. Intellectual property of the service
The “ChAthena” trademark, the logo, the website and all of its elements are protected. Any unauthorized reproduction or use is prohibited.
13. Personal data
The processing of personal data is described in our Privacy Policy, which complies with the GDPR.
14. Force majeure
The Provider cannot be held liable for any failure due to force majeure or an event beyond its reasonable control, including failures of third-party services.
15. Amendment of the Terms
The Provider may amend these Terms. The applicable version is the one in force at the date of subscription or of its renewal. Clients are informed of any substantial change.
16. Governing law and jurisdiction
These Terms are governed by Belgian law. Any dispute shall, failing amicable resolution, fall under the jurisdiction of the courts of the district of the Provider's registered office, unless otherwise required by mandatory law.
17. Contact
For any question regarding these Terms: hello@chathena.com.