Ce document est disponible en français. Cliquez ici pour consulter la version française.
These General Subscription Terms and Conditions (hereinafter referred to as "GTC") govern the terms and conditions of subscription to the software platform named CxTuneMaster, published by the company PARANOIHACK, a Swiss-law LLC, registered in the Geneva Commercial Register under no. CH-660.2.572.022-9, with its headquarters located at 2 route de Florissant, 1206 Geneva (Switzerland) (hereinafter referred to as “PARANOIHACK”) and made available to its professional clients (hereinafter referred to as “Client”).
PARANOIHACK and the Client are hereinafter collectively referred to as the “Parties” or individually as a “Party.”
The terms capitalized, whether used in the singular or the plural, in the GTC (General Terms and Conditions) shall have the following meanings, without prejudice to terms directly defined within the articles:
“Subscription” refers to the contract binding the Client and PARANOIHACK, consisting of the GTC, any potential annexes, as well as any Amendments that may be introduced.
“Anomaly” refers to any internal malfunction within the Solution, reproducible, and exclusively attributable to PARANOIHACK, affecting one or more functionalities of the Solution according to the related documentation provided by PARANOIHACK, included within the scope of the Client's Subscription, and excluding any malfunctions resulting from Third-Party Software, their APIs, source Data (including Scans), or the Client's technical environment.
“Amendment” means any written amendment that may be concluded between the Parties or any modification of the GTC that will come into force under the conditions defined herein.
“Client” refers to the natural or legal person subscribing to the Subscription exclusively for professional purposes, excluding any consumer client.
“Third-Party Software” refers to any third-party software, service, or API, not published or controlled by PARANOIHACK, with which the Solution interacts, including Checkmarx One (or any other compatible Third-Party Software) and any other third-party service used by the Client or required for its operation.
“Add-on Modules” refers to any optional module offered by PARANOIHACK providing access to additional features, which may involve an additional fee.
“Scan”: refers to logs or scan configurations generated by Checkmarx One and made available via the API.
“Associated Services”: refers to the services provided by PARANOIHACK in relation to the Solution (provision of the Solution, support, maintenance/updates), as defined in the Subscription.
“Solution”: refers to the software solution published by PARANOIHACK, consisting of the Core Solution and, optionally, Add-on Modules.
“Core Solution” refers to the standard functional foundation of the Solution, as described in the documentation, accessible as part of the Subscription, excluding Add-on Modules.
“User”: refers to any natural person authorized by the Client to access the Solution within the scope of the Subscription, under the Client's responsibility.
Subscription to the Service is carried out either by the Client signing a quote provided by PARANOIHACK or online via the AWS marketplace, according to the subscription procedure defined by PARANOIHACK.
The Subscription allows Users authorized by the Client to access the Core Solution and, optionally, the Add-on Modules selected during the subscription process. The Subscription also includes the provision of Associated Services, as described in the Subscription.
The Solution documentation is made available to the Client at the following URL: https://cxtunemaster.com/doc.html
The Solution is an additional software component (add-on) designed to complement the web platform Checkmarx One, published by CHECKMARX, with which it interacts, particularly through application programming interfaces (APIs).
This technical interaction does not imply the existence of a partnership, affiliation, agency relationship, distribution agreement, subcontracting arrangement, co-development agreement, certification, or endorsement between CHECKMARX and PARANOIHACK.
Each party remains solely responsible for their respective products, services, obligations, and commitments.
The Subscription is concluded for a fixed term corresponding to the commitment period chosen by the Client at the time of subscription.
At the end of this period, the Subscription automatically terminates without tacit renewal. The Client will therefore no longer have access to the Solution and the Associated Services.
If the Client wishes to renew their Subscription, they must subscribe to a new subscription agreement with PARANOIHACK, under the pricing and contractual conditions applicable on the date of the new subscription.
5.1. The Subscription cannot be terminated before the end of its term.
5.2. The Client may notify PARANOIHACK of its intention to terminate the Subscription at any time, but the termination will only take effect at the end of the commitment period subscribed to by the Client.
Consequently, the amounts due for the commitment period must be paid, and the amounts invoiced for this period shall remain vested in PARANOIHACK and will not be subject to any refund.
5.3. In the event of serious breach by either Party of its contractual obligations that is not remedied within thirty (30) days from the receipt of formal notice sent by registered letter with acknowledgment of receipt to the defaulting Party, the other Party may terminate the Subscription as of right, without prejudice to any damages to which it may be entitled.
5.4. PARANOIHACK may immediately terminate the Subscription in the event of (i) an actual or attempted breach of the Solution’s security, (ii) fraudulent use, (iii) infringement of PARANOIHACK’s or any third party’s intellectual property rights, or (iv) nonpayment.
5.5. At the end of the Subscription, for any reason, the Client’s and Users’ access to the Solution and the Associated Services will be terminated. The Client is solely responsible for the prior backup of its data and Scans. Unless there is a legal obligation or contractual stipulation to the contrary, PARANOIHACK may delete all data contained in the Solution within 30 days following the end of the Subscription.
During the duration of the Subscription, the Client will have access to the features of the Solution they selected at the time of subscription.
PARANOIHACK will make its best efforts to ensure that the Solution is continuously accessible (24 hours a day, 7 days a week) as part of its obligation of means.
However, the availability of the Solution may be interrupted, suspended, or limited without PARANOIHACK being held liable, particularly in the following cases:
during maintenance operations (e.g., security corrections concerning all or part of the Solution, or ensuring proper functionality);
during updates (e.g., new version deployment or security updates);
or due to unforeseen events or circumstances beyond its control (including but not limited to unavailability, anomalies, or updates of the Checkmarx One platform or the Solution's hosting provider) that may cause total or partial service interruptions or more or less significant disruptions.
In such cases, PARANOIHACK will take reasonable steps to address these interruptions or disruptions to restore access to the Solution as soon as possible.
Except in cases of emergency or specific technical constraints, if access to the Solution is temporarily interrupted for scheduled maintenance operations, PARANOIHACK will inform the Client via email, notification, or any other appropriate means.
The Client acknowledges and agrees that, given the nature and features of the Solution, its continuous availability does not constitute an essential obligation of the Subscription nor a determining condition of its consent.
The Client affirms that they have sufficient knowledge of the characteristics and limitations of services accessible via the Internet and accepts the associated constraints, in particular:
the reliability of transmissions is variable due to, among other things, the heterogeneous nature of the infrastructures and networks over which they transit. Specifically, failures or saturations may occur;
access restrictions to certain networks may exist and be subject to specific agreements;
users may connect their equipment to the Internet from any location and may, as a result, redirect, disseminate, alter, destroy, or forge data, software, and/or content circulating on the Internet, even despite the implementation of access control measures such as passwords or other access codes. Consequently, it is the Client’s responsibility to take all appropriate measures to ensure the security of its equipment and its own data, software, and others, particularly against contamination by viruses and/or attempted intrusions to which they may be exposed.
Any equipment, infrastructure, or technical environment used to access or use the Solution remains entirely under the Client’s responsibility.
Finally, the Client expressly acknowledges that the availability of third-party web platforms, Third-Party Software, and their APIs with which the Solution interacts does not fall under PARANOIHACK’s responsibility.
Throughout the duration of the Subscription, PARANOIHACK provides technical support to the Client in the event of an Anomaly reported via email to the following address: support@cxtunemaster.com or directly through the Solution.
The support service is available on business days from Monday to Friday, excluding Geneva (Switzerland) public holidays, from 9:00 AM to 12:00 PM and from 2:00 PM to 6:00 PM (Swiss time).
It is agreed that any potential response time mentioned by PARANOIHACK to the Client in the event of a malfunction is provided solely for informational purposes and begins on the next business day following receipt of the request. If no specific timeframe has been provided, PARANOIHACK will make its best efforts to respond within a reasonable timeframe to enable the Client to use the Solution as intended.
The Client acknowledges and accepts that PARANOIHACK may not respond to requests or may charge for its involvement if the request does not pertain to an Anomaly, in particular if the request concerns:
Misuse of the Solution by the Client and/or non-compliance with PARANOIHACK's instructions;
A Third-Party Software (including but not limited to Checkmarx One) or a product or software not provided or sold by PARANOIHACK;
A malfunction related to the interconnection of the Solution with other software;
File or Scan reconstitution or recovery;
The development of new features or modifications to existing features;
Any malfunction stemming from the Client's environment, particularly browser configuration, APIs, or third-party software owned or licensed by the Client.
Any advice concerning IT security, risk analysis, compliance, or interpretation of Scans, results, reports, or data generated by Third-Party Software.
It is explicitly agreed that interventions carried out by PARANOIHACK as part of the support service, including any communication, information, or guidance provided during such interventions, shall not extend PARANOIHACK’s obligations, modify the nature of its obligation of means, or deviate from the limitations and exclusions of liability outlined in the Subscription.
Consequently, any liability arising from the support service shall remain subject to the same exclusions, caps, and limitations of liability as those applicable to the provision and use of the Solution.
The Client is informed and agrees that PARANOIHACK may, during the entire duration of the Subscription, update the Solution to improve its performance, security, or functionalities, or to ensure technical, regulatory, or operational compliance.
In this regard, PARANOIHACK reserves the right to modify the Solution at any time and without prior notice, both in substance and form, including by adding, modifying, deleting, or reorganizing functionalities, without the Client being able to object, provided that the Solution's core functionalities are maintained.
The Client acknowledges and agrees that these updates and modifications may impact the scope of the Subscription, particularly the list and content of functionalities included in the Core Solution, the creation, modification, or deletion of Add-on Modules, and the reallocation of certain existing functionalities to Add-on Modules.
These updates do not grant the Client any vested rights to the retention of a specific functionality within a given scope, provided the core functionalities of the Solution are preserved.
Access to the Solution by the Users will occur under the sole control, direction, and responsibility of the Client, and in accordance with the conditions defined in this article. The Client guarantees compliance with the provisions of the Subscription by the Users and ensures that the Users adhere to them.
The account owner may create user accounts.
Each account (administrator and user) is accessible via login credentials (username and password) chosen by the Client.
In this regard, the Client is responsible for verifying the validity of the email address provided during registration, as this email address is part of the account identification process. If the email address is incorrect, the user may not be able to access their account, and PARANOIHACK cannot be held liable.
Login credentials are personal and must remain confidential. As such, the Client is solely responsible for their use.
The Client must immediately inform PARANOIHACK of any loss or unauthorized use of their account or login credentials.
Consequently, PARANOIHACK is not liable for the use of the account or login credentials, unless the Client demonstrates that the use of their credentials and/or account results from a fault of PARANOIHACK.
The Client agrees to use the Solution in accordance with the usage rules defined in this article, as well as with applicable laws and regulations.
The Solution is reserved for internal use only, for the exclusive needs of the Client. It must not be used on behalf of third parties or made available to third parties.
The Client agrees to access the Solution using equipment that does not contain viruses and to ensure that the tools being used are virus-free and in good working condition.
Finally, the Client acknowledges that the updates necessary for the proper functioning of the Solution are mandatory for access to the features they have subscribed to.
The Client explicitly agrees not to misuse the Solution for purposes other than its intended internal use.
The Client especially agrees not to infringe upon the intellectual property rights of PARANOIHACK or any third party.
Additionally, the Client is prohibited from:
Contaminating the Solution with a virus;
Making any unauthorized modifications to the Solution;
Accessing or remaining in any or all parts of the Solution without proper authorization, or creating, providing, or using tools to gain unauthorized access to all or parts of the Solution;
Deleting or modifying data within the Solution without authorization;
Altering the functionality of the Solution;
Interfering with or damaging the intended operation of the Solution;
Using the Solution for illegal or fraudulent purposes and/or engaging in any unlawful or prohibited behavior;
Soliciting, collecting, or using the login credentials of other Clients;
Mandating, soliciting, encouraging, or allowing anyone to violate one or more of these prohibitions;
Uploading data, information, or content of a defamatory, insulting, obscene, offensive, violent nature or inciting violence, or of a political, racist, or xenophobic nature, or more generally, any content that is contrary to applicable laws, regulations, or decency into the Solution;
Linking to or referencing any content or information available on the Solution without the express prior written consent of PARANOIHACK;
Using software or manual devices, coding or indexing robots, or other means to access, explore, extract, or index any part of the Solution;
Circumventing, removing, altering, disabling, destroying, blocking, or hiding content protections or other features provided within the services, including the graphical interface, copyright credits, and trademarks.
The Client undertakes to ensure that their use of the Solution does not undermine its stability, security, and quality.
The Client agrees to comply with the technical requirements under the conditions defined in this article. The Client guarantees their communication and ensures compliance by the Users.
PARANOIHACK cannot be held liable if the Client is unable to use all or part of the Solution's functionalities due to non-compliance with the technical requirements.
The User agrees to access the Solution using recent hardware that does not contain viruses and to ensure that the tools being used are virus-free and in good working condition.
To use the Solution's functionalities, the Client must have a stable internet connection. In this regard, the Client covers the cost of their internet connection and is solely responsible for ensuring its proper functioning.
Similarly, the Client must use a browser compatible with the Solution's configuration, specifically an updated Chrome browser. In this respect, the Client will be solely responsible in case of incompatibility of their browser with the Solution.
Furthermore, to use the Solution, the Client must have access to Checkmarx One. These accesses are not included in the Subscription. Without such access, the functionalities of the Solution will be significantly degraded or unavailable. Checkmarx One is Third-Party Software.
PARANOIHACK does not guarantee the compatibility of the Solution with other configurations.
Access to the Solution within the scope of the Subscription is provided by PARANOIHACK in return for payment of the Subscription price, upfront at the time of subscription.
The Subscription price is defined at the time of subscription and depends on the commitment duration chosen by the Client, as well as the modules and deployment mode of the Solution selected.
Prices are defined excluding taxes and are subject to applicable taxes, including VAT, at the time of invoicing. Clients eligible for a reduced VAT rate or an exemption must provide all necessary evidence at the time of subscription.
Prices, regardless of their components, may vary based on new charges or the increase of existing charges. It is agreed that if the Subscription lasts for more than one year, prices may be revised annually by PARANOIHACK.
Unless expressly stated otherwise, invoices are payable inclusive of all taxes (TTC) upon the invoice date via bank transfer to the bank details provided on the invoice.
In the case of subscription via AWS Marketplace, the ordering, billing, and payment terms are also governed by the applicable AWS conditions.
In the event of any contradiction, AWS conditions prevail regarding billing/payment aspects, while these GTC govern all other matters.
In the event of late payment, PARANOIHACK may charge interest on arrears at an annual rate of 5% (or at the maximum rate allowed by law) from the due date, as well as reasonable collection fees.
Access to the Solution is subject to the prior payment of the invoice for the year ahead.
Furthermore, in the event of late payment, PARANOIHACK reserves the right to immediately suspend access to the Solution and all ongoing or future Subscription agreements until full payment of amounts due is received, and/or cancel any discounts applied to the invoice and/or terminate the Subscription under the conditions defined in the “Termination” Article; regardless of the conditions specified at the time of subscription, and without prejudice to any other remedy.
The Client and the User acknowledge being informed about the technical constraints and limitations inherent to the use of online services, particularly those related to electronic communication networks, and assume the risks associated with them.
The Client and the User are solely responsible for the use of their IT resources, the security of their information systems, and the protection and backup of all their data, including Scans. It is their responsibility to ensure they have the required equipment, software, and browsers, as specified in the “Technical Requirements” article. PARANOIHACK shall not be held responsible for the equipment chosen under the responsibility of the Client and the User, who remain solely liable for their security and protection.
The Client and the User are solely responsible for the data, information, and content they process, analyze, interpret, or utilize through the Solution, as well as the direct or indirect consequences of their use. They must ensure that their use complies with applicable regulations and their contractual and legal obligations.
The Client and the User shall indemnify PARANOIHACK against any claims, actions, or legal proceedings initiated by third parties resulting from their use of the Solution.
PARANOIHACK provides the Solution and Associated Services under an obligation of means, excluding any obligation of result.
The Solution serves as a tool to assist in analysis and can under no circumstances replace a security audit, guarantee the absence of vulnerabilities, or ensure the regulatory, technical, or security compliance of the analyzed projects.
PARANOIHACK cannot be held liable, in particular, for:
Fraudulent, abusive, excessive, or non-compliant use of the Solution;
The interpretation, exploitation, or use of the data, reports, or results provided via the Solution;
Errors, deficiencies, omissions, or inaccuracies in the source data, including Scans;
Consequences related to content, data, or information originating from third parties, including Third-Party Software and their APIs;
Changes, suspensions, limitations, or deletions of any or all functionalities caused by modifications to Third-Party Software, particularly Checkmarx One, or their APIs;
Damages resulting from failures in electronic communication networks or Internet service providers.
PARANOIHACK’s liability cannot be incurred in cases of delay or default resulting from force majeure, events beyond its control, changes to Third-Party Software (including Checkmarx One) or their APIs, or faults attributable to the Client or User. In particular, PARANOIHACK shall not be liable for any damage, harm, loss, or consequence, of any kind, resulting directly or indirectly from a security breach, vulnerability, bug, weakness, or defect affecting the Client’s code, applications, systems, or infrastructures; a cyberattack, intrusion, compromise, alteration, destruction, unavailability, or loss of data; or the exploitation of a vulnerability within the scanned code.
PARANOIHACK shall only be liable for direct material damage caused to the Client due to proven contractual fault exclusively attributable to PARANOIHACK. Indirect and immaterial damages are expressly excluded, including but not limited to: data loss, loss of revenue, loss of margin and/or profits, missed opportunities, loss of reputation, loss of clients, damage to image or reputation, business interruption, crisis management costs, and costs for restoring all or part of information systems. In any event, PARANOIHACK’s total liability, for all causes and disputes, is limited to the total amount actually paid by the Client for the Subscription in the twelve (12) months preceding the occurrence of the triggering event.
The Solution exclusively processes Scans provided by Third-Party Software through application programming interfaces (APIs), over which PARANOIHACK has no control. The Scans and analyses are reproduced and used as provided by the API, without modification or alteration of their original content. In any case, PARANOIHACK makes no commitment with regard to the Scans from the Third-Party Software or the Third-Party Software itself. It is expressly stated that the Solution does not perform any automatic correction, remediation, modification of the source code, or direct interaction with scanners.
PARANOIHACK or its licensors retain all property and intellectual property rights related to the Solution and Services, as well as all trademarks and other intellectual property rights on all Solution content (including but not limited to information, texts, images, copyrights, designs, and models). Any usage of this content and intellectual property rights is prohibited without prior express written consent from PARANOIHACK.
In this respect, the Client acknowledges and agrees that access to the Solution does not confer any intellectual property rights (including trademarks or copyrights) or other rights to their benefit.
Any use, reproduction, representation, modification, publication, or adaptation of all or part of the elements of the Solution, in any form or by any means, is prohibited without prior written authorization from PARANOIHACK and would constitute an infringement.
Unauthorized use and reproduction of distinctive signs such as trademarks registered by PARANOIHACK, corporate names, trade names, shop signs, or domain names are prohibited and may constitute an infringement, misappropriation, unfair competition, or parasitism.
Similarly, the following actions are prohibited:
Extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the Solution's content onto another medium, by any means and in any form;
Reusing all or a qualitatively or quantitatively substantial part of the Solution's content by making it available to the public;
Extracting or reusing repeatedly or systematically non-substantial qualitative or quantitative parts of the Solution's content when such operations clearly exceed the normal usage conditions of the Solution;
Commercially exploiting access rights to the Solution with third parties.
Finally, the Client and User agree to promptly inform PARANOIHACK of any infringements of its intellectual property rights they may become aware of under this provision.
The Client agrees to have all necessary licenses/rights for the required Third-Party Software (including Checkmarx One) and to comply with their terms of use. The Client shall not bypass API limitations or use the Solution in a manner contrary to the conditions of the Third-Party Software.
The Solution may integrate open-source components. These remain subject to their respective licenses, which are available upon request or within the documentation provided by PARANOIHACK.
The Parties agree to comply with the applicable regulations concerning personal data protection, in particular for PARANOIHACK, the new Federal Data Protection Act (FADP) that came into force on September 1, 2023.
In this regard, the Client undertakes to provide information about the data processing of its employees carried out by PARANOIHACK under the Subscription.
PARANOIHACK will process the Client's employee data to execute the Subscription, manage the Subscription registration, provide access to the Solution and Associated Services, and potentially conduct marketing operations.
The personal data collected is intended solely for PARANOIHACK and third-party companies contractually linked to PARANOIHACK for the proper execution of the Client's Subscription; and to fulfill legal obligations or safeguard legitimate interest (marketing or defense of interests), including legal officers, advisors bound by confidentiality, ministerial officers, and organizations responsible for debt collection.
Personal data is kept for the duration of the Subscription and then archived for the time required to comply with legal obligations or preserve its interests (statutory limitation period).
Data subjects have the right to access, rectify, erase, and port their data, as well as to object or restrict the processing conducted by PARANOIHACK, depending on the legal basis of the processing. If the Client and/or its employees wish to exercise their rights, they must contact PARANOIHACK at the following address: support@cxtunemaster.com.
In case of no response or an unsatisfactory reply, the data subject has the option to contact the FDPIC.
The Client, who remains solely responsible for selecting the Subscription to the Solution and Associated Services, ensures that these meet the required characteristics and conditions to carry out the intended personal data processing.
PARANOIHACK is authorized to process personal data on behalf of the Client, who is the data controller, as necessary to deliver the services related to the Solution, and this for the duration of the Subscription.
It is noted that the Client assumes responsibility for the processing of personal data and possesses the necessary rights for this purpose. PARANOIHACK processes personal data strictly according to documented instructions from the data controller.
In this respect, the terms and obligations of each Party are defined in the Data Protection Agreement, accessible at the URL https://cxtunemaster.com/dpa_en.html.
PARANOIHACK undertakes to deploy all resources at its disposal, proportional to the risk and its size, to ensure the security of the Solution.
In any case, PARANOIHACK commits to implementing proportionate security measures in accordance with the state of the art in cybersecurity and IT hygiene practices, such as automated vulnerability detection systems, access governance, internal security audits before each new version, and infrastructure security.
PARANOIHACK is authorized to use and refer to the corporate name or trademarks of the Client and those of the entities within its group for commercial reference purposes.
PARANOIHACK will be entitled to designate a third party as a subcontractor for the execution of all or part of the Subscription. The Client undertakes not to refuse such designation without a serious and legitimate reason. In the event of subcontracting, PARANOIHACK remains the sole point of contact for the Client and remains responsible to the Client for compliance with the obligations thus subcontracted.
The Client acknowledges that the records and backups (including all connection data) made via the Solution (hereinafter referred to as "Electronic Elements") will be admissible as evidence. Thus, the Electronic Elements (including their date and time) shall prevail in the event of a dispute between the Parties.
Similarly, notifications made via the Solution are enforceable against the Client as evidence.
All notices and notifications provided for in these GTC must be sent to the address specified at the top of this document in the case of PARANOIHACK, and to the address provided by the Client, regularly updated as applicable, in accordance with the provisions herein.
All notifications made under these terms shall be validly made and deemed received under the following conditions:
By email: on the day of sending;
By registered letter with acknowledgment of receipt: on the day after the date indicated on the acknowledgment of receipt.
21.1. PARANOIHACK reserves the right to assign, transfer, or contribute all or part of these GTC and the Subscription resulting therefrom to any company that succeeds it, to any company controlled by, controlling, or under common control within the meaning of Swiss law, or in the context of a reorganization, restructuring, universal transfer of assets, partial transfer of assets, merger, split, or any similar operation. This assignment or transfer may occur as of right, without any special formality and without requiring the prior consent of the Client, subject to prior or simultaneous notification to the Client. [to be verified by a Swiss corporate law attorney] A Subscription is taken out by the Client. The benefit of the Subscription is personal to the Client and may not be assigned without the prior written consent of PARANOIHACK.
21.2. The GTC, and more broadly the Subscription, constitute the entire agreement between the Parties and replace in all respects any prior agreements, letters of intent, correspondences, and proposals between them, regardless of their form or name and concerning the same subject, except for those listed herein.
21.3. The fact that one of the Parties does not claim one of the provisions of these GTC at any given time cannot be interpreted as a waiver to claim it later.
21.4. The invalidity of any provision of the GTC does not compromise their validity. In such a case, the Parties shall, if possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose of the GTC.
21.5. The Client authorizes PARANOIHACK to unilaterally amend or update these GTC, including their annexes, in the following cases: (i) applicable legal or regulatory evolution, (ii) technical evolution of the Solution, Associated Services, or their scope; (iii) evolution of Third-Party Software (especially Checkmarx One), their APIs, or conditions imposed by distribution or hosting platforms, such as AWS Marketplace; (iv) changes in PARANOIHACK's organization or structure. The amended GTC will be communicated to the Client by any appropriate means (notably by email, notification within the Solution, or publication on PARANOIHACK's website) and will come into effect on the date indicated in the notification, without requiring explicit consent, subject to applicable mandatory provisions. Continued use of the Solution by the Client after the modified GTC take effect constitutes unconditional acceptance thereof. The applicable GTC are those in effect on the date of use of the Solution.
21.6. In the event of termination of the Subscription for any reason, any clause that stipulates its survival to the Subscription, as well as any clause or annex that by nature must survive the termination of the Subscription, shall remain in effect, including but not limited to the articles: "Termination," "Governing Law – Language," "Dispute Resolution," and "Liability" of these GTC.
The GTC are governed by Swiss law, to the exclusion of any other legislation.
In the event the GTC are drafted in multiple languages, only the French version shall prevail.
In the event of a dispute concerning the interpretation or execution of these GTC, the Parties agree to seek an amicable agreement before taking any legal action and shall provide all necessary elements and information for this purpose.
If no agreement is reached within thirty (30) days, ALL DISPUTES ARISING OUT OF OR RELATING TO THE GTC AND THE AGREEMENTS RESULTING THEREFROM, INCLUDING BUT NOT LIMITED TO THEIR VALIDITY, INTERPRETATION, EXECUTION, RESOLUTION, CONSEQUENCES, AND AFTERMATH, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE CANTON OF GENEVA, SUBJECT TO AN APPEAL TO THE FEDERAL COURT.