These Terms and Conditions ("Terms") govern your access to and use of all websites, applications, and services provided by THECODEORIGIN CO.,LTD ("THECODEORIGIN", "we", "our", or "us"), including but not limited to consulting services, custom software development (outsourcing), and our owned products. By using any of our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using any THECODEORIGIN service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use our services.
2. Relationship to Signed Contracts
These Terms serve as the general baseline for all engagements with THECODEORIGIN. Where a signed contract or service agreement exists between THECODEORIGIN and the client, the terms specified in that contract shall take priority over these general Terms in the event of any conflict.
3. Accounts and Sign-In
Some of our services allow you to create an account. You may sign in using third-party providers such as Google and GitHub. When you do, we receive basic profile information (such as your name, email address, and avatar) from the provider, subject to the permissions you grant.
You are responsible for maintaining the security of your account and for all activities that occur under it. Please notify us immediately of any unauthorized use.
4. Phone Number Verification
We may ask you to provide a phone number for account verification and customer support purposes. By providing your phone number, you authorize us to contact you regarding your account, security, and support issues related to the service you are using.
5. Pricing, Credits, and Payment
5.1. Credit-Based Products
Certain THECODEORIGIN products operate on a credit-based, pay-as-you-go pricing model. Credits are purchased by topping up your account balance. Once topped up, credits are non-refundable, except in cases where the product is rendered unusable due to bugs, system crashes, or issues caused by THECODEORIGIN, in which case we will issue a refund based on the remaining credit balance.
Credits are deducted periodically — typically once every 30 minutes — based on the average consumption within the applicable billing cycle (e.g., monthly). The total cost for a billing cycle is divided equally and subtracted in 30-minute intervals.
5.2. Custom Software Development (Outsourcing)
For custom software development projects, a Requirement Specification Document will be mutually agreed upon and signed by both parties before work begins. Payment terms for outsourcing projects are defined in the signed contract.
6. Warranty, Maintenance, and Bug Fixes
6.1. Feature Guarantee
For custom software projects, THECODEORIGIN guarantees to fix any feature mismatch compared to the signed Requirement Specification Document for a period of 30 days after delivery, at no additional charge.
6.2. Bug Fix Period
We will fix and maintain the delivered product for bugs for up to 3 months after delivery at no additional charge. The client has the duty to perform comprehensive testing and verify all requirements as soon as possible within this period. Any bugs reported after the 3-month period will be treated as additional work and subject to a surcharge.
7. Third-Party Software and Licensing
If the project requirements specify the use of particular third-party software, APIs, or services, the client is responsible for obtaining and maintaining all necessary licenses for both the development process and production operation. THECODEORIGIN will inform the client of any known legal considerations regarding the tools, content, or products used in our development process.
8. Acceptable Use
You agree not to misuse our services, including but not limited to: attempting to gain unauthorized access, interfering with service availability, uploading malicious content, or using our services for any unlawful purpose.
9. Intellectual Property
All content, trademarks, logos, and code provided by THECODEORIGIN as part of our services remain the property of THECODEORIGIN or its licensors, unless otherwise specified in a signed contract. You retain ownership of content you submit, but grant us a license to host, process, and display it as necessary to provide the service.
10. Legal Compliance
All work performed by THECODEORIGIN complies with the laws of the Socialist Republic of Vietnam. We will support and consult with clients to help them comply with both Vietnamese law and the laws of their own jurisdiction. Clients are equally responsible for ensuring that their use of our services and products complies with all applicable laws and regulations.
11. Service Availability
We strive to keep our services available and reliable, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of a service at any time, with reasonable notice where possible. THECODEORIGIN is not liable for outages or disruptions caused by third-party services, hosting providers, or external APIs.
12. Force Majeure
THECODEORIGIN shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, wars, pandemics, government actions, power outages, or infrastructure failures that affect our servers or data, as defined under the applicable laws of Vietnam. In such events, both THECODEORIGIN and the affected client shall discuss in good faith to find the best solution for both parties.
13. Limitation of Liability
To the maximum extent permitted by law, THECODEORIGIN shall not be liable for any indirect, incidental, or consequential damages arising out of your use of our services. Our total liability in connection with any claim shall not exceed the amount you have paid to THECODEORIGIN for the specific service giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless THECODEORIGIN, its officers, employees, and partners from any claims, damages, or expenses (including legal fees) arising from your use of our services, your violation of these Terms, or your violation of any applicable law or regulation.
15. Eligibility
There is no general age restriction for consulting THECODEORIGIN or using our services. Any individual or entity with the legal capacity to enter into a contract may engage our services. However, certain THECODEORIGIN products may impose their own eligibility requirements, which will be specified within those products.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam. Any disputes arising from or in connection with these Terms shall be resolved through good-faith negotiation between the parties. If no resolution is reached, the dispute shall be submitted to the competent courts of Da Nang, Vietnam.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
18. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through our website or via email. Continued use of our services after changes take effect constitutes your acceptance of the revised Terms.
19. Contact
If you have any questions about these Terms, please contact us:
- THECODEORIGIN CO.,LTD
- 289 Dong Da, Hai Chau, Da Nang, Viet Nam
- Email: contact@thecodeorigin.com
- Phone: (+84) 773 288 148