Thunder Code is a service provider that owns an AI-powered Test Automation Software also called "Thunders".
This document describes the general terms and conditions of sale and service between Thunder Code and its Client, hereinafter the "General Conditions".
Terms and expressions identified with a capital letter have the meaning indicated below, whether used in the singular or plural in these General Conditions.
"Subscription" refers to the cost of Services billed according to a recurring model.
"Anomaly" refers to any reproducible defect such as malfunction or non-compliance of the Service, observed during the Initial Implementation phase or during the production phase of the Service, with respect to its Documentation. Anomalies are qualified by the Service Provider and are classified into two categories:
"Service Opening Date" refers to the date from which the Service Provider has activated an environment for the Client allowing the Service Provider and the Client to begin configuration work. The Service Opening is deemed acquired when the Service Provider has sent by email to the Client's administrator user their identifier.
"Documentation" refers to any electronic User help document, electronic training support, video tutorial available online, Service Provider's documentation extranet (https://help.thunders.ai/).
"Data" all data transmitted by the Client to the Service Provider via the Solution or during the implementation of the Solution and which remains the exclusive property of the Client.
"Identifier" refers to both the User's own identifier ("login") and the connection password set up by the User or within the SSO after registration to the Service.
"Service Booklet" refers to the annexed document describing the Services and specific provisions regarding the conditions of execution of these Services.
"Software" refers to the complete set of computer programs, designed to be provided to multiple Clients and Users for the same application or function. The Software is either published by the Service Provider or published by a third party, in which case the Service Provider guarantees that it holds all necessary rights.
"Initial Implementation" refers to the project delivered by the Service Provider to the Client including various services (needs collection, configuration, technical integration of flows, testing, piloting, production deployment, change management, and training) aimed at deploying the Solution and its Services covered by these General Conditions.
"Services" refers to the services provided by the Service Provider to the Client as defined in these General Conditions and in the appendix Service Booklet and according to the provisions described in the appendices Common Provisions for Personal Data Processing and Data Processing Activities Register.
The Services include, in particular, the remote provision and right to use the Software, the hosting of the Software and Data, Data backup, Software administration and supervision, corrective and evolutionary maintenance of the Software, resolution of Anomalies, and Data reversibility at the end of the application of these General Conditions.
"User" refers to any employee of the Client who uses the Solution.
"Credits" refers to the consumption units used to measure usage of the Service. Credits are consumed when creating or running tests, executing automation sequences, or using other features of the Solution, it being specified that the number of Credits consumed is required for billing purposes.
1.1. These General Terms and Conditions (hereinafter, the "General Terms and Conditions") are provided by THUNDER CODE (hereinafter, the "Company" or the "Service Provider"), a public limited company with a capital of 43 866.67 euros, whose headquarters are located at 60 rue François 1er, 75008, Paris, France, identified under number 938 156 361 in the Paris Trade Registry.
1.2. The Company's e-mail address is hello@thunders.ai, and its individual intra-Community VAT identification number is FR30938156361.
1.3. The Company is the owner and editor of the website www.thunders.ai
The Site is hosted by Microsoft Ireland Operations Limited, subsidiary of Microsoft Corporation, The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin, 18, Ireland, reachable at: 353 1 295 3826.
1.4. The publication director is Karim JOUINI
1.5. The Website offers the Client the possibility of using Thunder Code's services as paid subscriptions (with a 14 days free trial offer in most cases). These services consist of enabling the Client and its employees to manage and execute test cases and test scenarios in a practical and simple manner (the "Services").
1.6. Before any attempt to use the Website, the Client must ensure that they have the technical and computer resources enabling them to use the Website and order the Services of the Website, and that their browser allows secure access to the Website. The Client must also ensure that the computer configuration of their hardware/equipment is in good condition and free of viruses.
1.7. The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Company, the sole owner of the intellectual property rights to this content. Clients undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
1.8. Cookies and Statistical Tools
1.8.1. In the context of the Website's use by Clients, the Company may use cookies.
1.8.2. The Company also informs Clients that cookies record certain information that is kept in the computer equipment/materials memory. This information is used to improve the use and operation of the Website and the Company's other services. An alert message promptseach person visiting the Website beforehand to confirm that they wish to accept cookies. These cookies do not contain confidential information about the Client.
1.8.3. The Client visiting the home page of the Website will be informed:
1.8.4. To ensure the Client's free, informed, and unambiguous consent, the banner will not disappear until the Client continues to browse.
1.8.5. Without the Client's prior consent, cookies will not be stored and read:
2.1. The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the sale of the Services offered by the Service Provider to the Client, whether such sale takes place online or by any other direct or remote means.
2.2. These General Terms and Conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the Client is deemed to accept them without reserve.
2.3. These General Terms and Conditions prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reserve, to all services provided by the Service Provider to Clients of the same category.
2.4. The Service Provider and the Client agree that these General Terms and Conditions exclusively govern their relationship. The Service Provider reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
2.5. If a condition for the provision of services is not met, it will be considered to be governed by current practices.
2.6. These General Terms and Conditions of Services are communicated to any Client who so requests, in order to enable them to place an order.
2.7. The Service Provider shall be entitled to derogate from certain clauses hereof, depending on the negotiations conducted with the Client, by establishing specific conditions of sale, in particular under the terms of an estimate accepted by the Client.
2.8. These Conditions only apply to services performed in France for Clients located on French territory. For any service performed outside France, or for a Client located outside France, it is advisable to report it in order to obtain a quote and specific conditions.
3.1. These General Terms and Conditions concern the following Services: provision of a service for the management and execution of test scenarios and test cases, available on the Website (www.thunders.ai)
4.1. The services governed by these General Terms and Conditions are those which appear on the Service Provider's Website and which are indicated as being performed by the Service Provider or under its control. They are offered within the scope of the Service Provider's availability.
4.2. The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the Service Provider may not be held liable.
5.1. The Client places their order online, from the online catalogue and using the form on the Website. For the order to be confirmed, the Client will have to accept, by clicking on the place indicated on the Website, these General Conditions. Their acceptance will result in the sending of a confirmation email from the Service Provider, in accordance with the conditions described below. The order will then be considered complete.
5.2. Orders for Premium or particular Services are made by contacting the Service Provider's sales department, which will draw up and submit a quotation to the Client, the acceptance and signature of which, along with these General Terms and Conditions, shall constitute a final order.
5.3. Any order implies acceptance of the prices and descriptions of the services offered. In certain cases, such as non-payment, incorrect address, or other issues on the Client's account, the Service Provider reserves the right to suspend the Client's order until the problem is resolved. In the event that it is impossible to carry out the service, the Client will be informed by e-mail and, if possible, referred to a specific service proposal. The cancellation of the order of this service and its possible refund will then be made, the rest of the order remaining firm and final.
6.1. For Services subscribed online, the online provision of the Client's bank details and the final validation of the order shall be deemed proof of the Client's agreement and shall be deemed to be:
6.2. In the event of fraudulent use of bank details, the Client is invited, as soon as this use is noted, to contact Thunder Code's customer service.
6.3. The computerized registers, kept in the Service Provider's computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
7.1. The total amount of the Services subscribed is indicated in the summary of the order form or quotation, before the Client accepts these General Conditions, validates their order, enters and validates their invoicing details, and makes the payment. This total amount is indicated in euros, excluding and including all taxes.
7.2. Thunder Code has the right to review its prices and implement them for each new order of Services, particularly at the end of a subscription.
7.3. Standard Subscription Prices
The prices of the standard Services offered for direct online ordering are mentioned on the Website in the descriptions of the Services, in euros and excluding tax and all taxes included.
7.4. Premium Subscription Prices
The prices of Premium Services are established by quotation or an Order Form
7.5. Price Reductions and Discounts
The proposed prices include the discounts and rebates that the Service Provider would be required to grant, given its results or the assumption by the Client of certain services.
7.6. Value Added Tax (VAT)
The applicable VAT rate is the one in force on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services on the date stipulated by the applicable regulations.
7.7. Additional Taxes
Any new taxes or contributions, particularly environmental, will be automatically reflected in the price of the Services.
7.8. Fair Usage
Regardless of the allocated Credits as part of the Subscription (that can be unlimited), the Client is informed that “Fair Usage” rules apply in order to avoid Service disruption or Credits resale. These Fair Usage rules limit usage to 2000 Credits per calendar day.
In case the Client needs to be above this limit, Client and Service Provider will meet, in good faith, to discuss how to lift the limit, or better adjust the Subscription.
8.1. Payment is due immediately upon ordering, including for Services ordered by pre-order. The Client may pay by credit card or direct debit. Cards issued by banks domiciled outside France must be international bank cards (MasterCard or Visa).
Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network.
Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable.
By providing their banking information during the sale, the Client authorizes the Service Provider to debit their card for the amount relating to the price indicated.
The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately canceled by operation of law and the order canceled.
8.2. Payments made by the Client will only be considered final after actual receipt of the amounts due by the Service Provider.
8.3. In addition, the Service Provider reserves the right, in case of non-compliance with the payment conditions listed above, to suspend or cancel the provision.
9.1. The Services are provided for the duration specified in the subscription chosen by the Client, commencing from the date of activation.
9.2. Unless otherwise specified, subscriptions are tacitly renewable for successive periods of equal duration, unless terminated by either party under the conditions set forth in Article 10.
10.1. Termination by the Client
The Client may terminate their subscription at any time by providing written notice to the Service Provider at least 90 days before the end of the current subscription period.
10.2. Termination by the Service Provider
The Service Provider reserves the right to terminate the subscription in the event of the Client’s breach of these General Terms and Conditions, after a formal notice has remained without effect for 30 days.
11.1. The Service Provider undertakes to implement all necessary means to ensure the best delivery of the Services to the Client.
11.2. The Service Provider cannot be held responsible for any damage resulting from the misuse of the Services by the Client or from any fault on their part.
11.3. The Service Provider cannot be held responsible for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
12.1. The Client agrees to provide accurate and up-to-date information necessary for the proper execution of the Services.
12.2. The Client agrees to use the Services in accordance with applicable laws and regulations and not to infringe on the rights of third parties.
13.1. The Service Provider implements personal data processing operations in accordance with the regulations in force, as detailed in its Privacy Policy available online.
14.1. All technical documents, products, drawings, photographs given to the Client remain the exclusive property of the Service Provider, the sole holder of the intellectual property rights to these documents, and must be returned to him upon request.
14.2. Clients undertake not to make any use of these documents that may infringe the Service Provider's industrial or intellectual property rights and undertake not to disclose them to any third party.
14.3. All intellectual property rights, including but not limited to source code, algorithms, documentation, business processes, and trade secrets, provided by the Client to the Service Provider or developed by the Client independently, shall remain the sole and exclusive property of the Client. Nothing in these Terms shall be construed as granting the Service Provider any ownership or license rights beyond what is strictly necessary to perform the agreed services.
15.1 AI Transparency and Usage
The Service Provider is committed to implementing and adhering to responsible AI practices. The Client acknowledges and agrees that:
15.2 AI Limitations and Client Responsibilities
The Client understands and acknowledges the following:
15.3 AI Governance and Ethics
The Service Provider commits to:
15.4 AI Data Usage and Privacy
The Parties agree that:
16.1. All clauses contained in these General Terms and Conditions, as well as all purchase and sale operations referred to therein, are subject to French law.
16.2. In the event of a dispute concerning the interpretation and/or execution of these General Terms and Conditions, the Client may decide to submit the dispute with the Service Provider to a conventional mediation procedure or any other alternative dispute resolution method.
16.3. In the event of failure of this mediation procedure or if the Client wishes to bring an action before a court, the rules of the Code of Civil Procedure will apply.
17.1. Partial Invalidity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.
17.2. Non-Waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these General Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.
For any questions or information regarding the Services, the Client can contact the Service Provider at: