Terms of service

Terms of Service

Effective date: 28 July 2026
Last updated: 28 July 2026
Version: 1.0

These Terms of Service (the “Terms”) govern your access to and use of the online store operated at sungrid-portal.io, the purchase of Licences, Subscriptions and Technical Support from us, and your use of the SunGrid Portal software and mobile application.

Please read Sections 12, 18, 19 and 30 with particular care. Section 12 explains what the Software is not designed to do and what safety responsibilities remain yours. Sections 18 and 19 limit our liability. Section 30 records the specific terms that you accept expressly at checkout.

1. Who we are

Supplier S.C. CODERSHYVE S.R.L. (“Codershyve”, “we”, “us”, “our”)
Registered office Str. Motorului nr. 5A, ap. 30, Baia Mare, Maramureș 430013, Romania
Trade Register no. / EUID J2024001049242 / ROONRC.J2024001049242
Sole registration code / VAT ID 50327689 / RO50327689
E-mail office@codershyve.com
Telephone +40 770 533 094
Websites sungrid-portal.io · codershyve.com · codeops.ro

This information is provided in accordance with Law no. 365/2002 on electronic commerce and Government Emergency Ordinance no. 34/2014 on distance contracts.

2. Definitions

  • Software — the SunGrid Portal application, comprising its web interface, backend services, container images, the mobile application and any associated documentation, in the version made available to you.
  • Licence — the right to use the Software granted under Section 9, activated against a specific Installation.
  • Installation — a single deployment of the Software on infrastructure operated by you, identified by the hardware fingerprint generated at activation.
  • Subscription — a recurring service purchased for a defined period, such as maintenance, hosted components, updates or entitlements.
  • Technical Support — assistance services purchased separately or included in a Subscription.
  • Store — the online shop at sungrid-portal.io and any other website through which we sell the Software.
  • Consumer — a natural person acting for purposes outside their trade, business, craft or profession, within the meaning of Article 2(1) of Directive 2011/83/EU.
  • Business Customer — any customer who is not a Consumer, including companies, sole traders, public bodies, installers and energy service companies.
  • Operator — the person or organisation that runs an Installation, which may be you or a third party.
  • You — the person entering into a contract with us under these Terms.

3. The contract between us

3.1 Documents forming the contract

Your contract with us consists of these Terms, our Return and Refund Policy, our Privacy Policy, any End User Licence Agreement (“EULA”) supplied with a particular release, any written order form or quotation we have signed with you, and the product description of the item you purchased.

3.2 Order of precedence

Where those documents conflict, they take precedence in the following order:

  1. a written agreement signed by both parties, if any;
  2. the EULA, in respect of the scope of the licence grant and permitted use;
  3. the Return and Refund Policy, in respect of refunds, cancellations and withdrawal;
  4. the Privacy Policy, in respect of personal data;
  5. these Terms;
  6. the product description.

No provision of any of those documents may operate to reduce rights that mandatory law confers on you and that cannot be derogated from by agreement.

3.3 Acceptance

By placing an order, creating an account, activating a Licence, or installing or using the Software, you confirm that you have read, understood and accepted these Terms. If you do not accept them, do not place an order and do not use the Software.

3.4 Acting for an organisation

If you accept these Terms on behalf of a company or other organisation, you warrant that you have authority to bind it, and “you” means that organisation. Where you order using a business name or VAT identification number, you will be treated as a Business Customer.

4. Eligibility and accounts

  • You must be at least 18 years old and have full legal capacity to contract.
  • Information you give us when ordering must be accurate, complete and kept up to date. Invoices are issued on the basis of the details you provide, and we are not obliged to reissue an invoice to correct details you supplied incorrectly, except as required by tax law.
  • You are responsible for the confidentiality of any credentials, licence keys or activation tokens issued to you, and for all activity carried out with them. Notify us without undue delay at office@codershyve.com if you believe they have been compromised.
  • We may refuse or cancel an order where we reasonably suspect fraud, licence circumvention, breach of these Terms, or where supply would breach sanctions or export control law.

5. What we sell

  • Licences are supplied as digital content. They are not sold as physical goods and no physical medium is delivered.
  • Subscriptions are supplied as digital services over a defined period.
  • Technical Support is supplied as a service, in the scope described in the product description or in Section 11.

Product descriptions, screenshots, roadmaps and performance figures are provided to describe the Software in general terms. They do not constitute a warranty that the Software will meet your particular requirements, produce a particular financial result, or achieve a particular level of energy saving, self-consumption or return on investment. Actual results depend on your equipment, tariffs, site conditions, configuration and factors outside our control.

6. How an order is placed

In accordance with Article 8 of Law no. 365/2002, we inform you that:

  1. you select the items you wish to purchase and place them in the basket;
  2. you may review and modify the contents of the basket, and correct input errors, at any point before confirming the order;
  3. at checkout you supply your billing details and, where required, tick the acceptance boxes described in Section 30;
  4. you place the order by clicking the button that confirms an obligation to pay;
  5. we acknowledge receipt of the order by e-mail without undue delay. That acknowledgement is confirmation of receipt, not acceptance;
  6. the contract is concluded when we send you the order confirmation together with the Licence key, activation token, access credentials or service activation, or when we begin supplying the service, whichever occurs first.

The contract is concluded in English. We store the order record and the accepted version of these Terms, and you may request a copy at office@codershyve.com. We do not adhere to any external code of conduct.

7. Prices, taxes and payment

  • Prices are those displayed in the Store at the time you place the order, in the currency shown.
  • For Consumers, prices are shown inclusive of all taxes and charges where required by law. For Business Customers, prices may be shown exclusive of VAT, in which case VAT is added at checkout at the applicable rate.
  • Where the reverse charge mechanism applies to an intra-Community supply to a Business Customer with a valid VAT identification number, VAT is not charged and the invoice is marked accordingly. Supplying a valid VAT number is your responsibility, and you remain liable for any tax reassessed if the number proves invalid.
  • Payment is taken at checkout through the payment providers integrated in the Store. We do not receive or store full card details.
  • Bank charges, currency conversion costs and any withholding tax imposed in your jurisdiction are borne by you.
  • Obvious pricing errors, such as a price that is manifestly disproportionate to the product, do not bind us. If we discover such an error after an order, we will contact you and you may confirm the order at the corrected price or cancel it for a full refund.
  • For Business Customers, late payment attracts statutory interest and recovery costs under Law no. 72/2013. No such charge is applied to Consumers beyond the statutory legal interest.

8. Delivery and activation

  • Digital content is delivered electronically to the e-mail address you supply, normally within a few hours of payment and in any event without undue delay.
  • Delivery is complete when the Licence key, activation token or access credentials are sent, or when access is otherwise enabled.
  • A Licence is activated against a single Installation. On activation, the licence client generates a one-way hardware fingerprint from stable characteristics of the machine, which binds the Licence to that machine. This is a technical protection measure, described in Section 8 of our Privacy Policy.
  • If the underlying hardware is legitimately replaced, contact us and we will rebind the Licence to the new Installation. We may ask you to confirm that the previous Installation has been decommissioned. We do not unreasonably refuse a rebinding request.
  • If delivery fails for a reason attributable to us, tell us and we will resend or refund in full, in accordance with our Return and Refund Policy.

9. Licence grant

9.1 What you receive

Subject to payment and to continued compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software on the number of Installations covered by your purchase, for your internal business or personal purposes, for the term of your Licence or Subscription.

The Software is licensed, not sold. Except for the rights expressly granted here, all rights are reserved.

9.2 Ownership

We and our licensors own all intellectual property rights in the Software, including its source code, object code, container images, interfaces, designs, documentation, trade marks and know-how. Nothing in these Terms transfers ownership of any of it to you. Feedback you choose to send us may be used freely, without obligation or compensation.

9.3 What you may not do

Except to the extent permitted by Section 9.4 or by mandatory law, you may not:

  • copy the Software other than for ordinary use and for backup purposes;
  • sell, rent, lease, lend, sublicense, distribute or make the Software available to third parties, or operate it as a service for third parties, unless your product description or a signed agreement expressly permits it;
  • modify, adapt or create derivative works of the Software;
  • remove, obscure or alter any proprietary notice, licence notice or version identifier;
  • circumvent, disable or tamper with licence enforcement, activation, hardware binding, entitlement checks or update controls, or use a Licence beyond the entitlements you purchased;
  • use the Software in breach of applicable law, grid codes, safety regulations or the terms of any third-party service you connect to it.

9.4 Rights that remain yours under mandatory law

Nothing in Section 9.3 restricts the rights conferred on a lawful acquirer of a computer program by Articles 5(2), 5(3) and 6 of Directive 2009/24/EC, as transposed by Law no. 8/1996 on copyright and related rights, namely the right to make a back-up copy, the right to observe, study and test the functioning of the program in the course of its normal use in order to determine the ideas and principles underlying it, and the right to decompile to the extent necessary to achieve interoperability with an independently created program. Any provision of these Terms that would restrict those rights is, to that extent, without effect.

9.5 Third-party and open source components

The Software includes third-party and open source components licensed under their own terms. Those terms prevail over these Terms in respect of the component concerned, and where they grant you broader rights, you have those broader rights. A list of components and their licences is available on request at office@codershyve.com.

9.6 Audit

For Business Customers only, and no more than once in any twelve-month period on 30 days' written notice, we may ask you to confirm in writing the number of Installations in use and the entitlements activated. This provision does not apply to Consumers and confers no right of physical or remote access to your systems.

10. Subscriptions, renewal and price changes

  • A Subscription runs for the period stated at checkout and, where the product description says so, renews automatically for successive periods of the same length unless cancelled.
  • You may cancel renewal at any time up to 24 hours before the renewal date, by writing to office@codershyve.com or by using the cancellation function where one is provided. Cancellation stops the next renewal; it does not shorten or refund the current period, save as provided in our Return and Refund Policy.
  • Where you are a Consumer, we will give you notice by e-mail before an automatic renewal takes effect, and you may cancel free of charge before that date.
  • We may change Subscription prices with effect from the next renewal, on at least 30 days' notice. If you do not accept the new price you may cancel before it takes effect, and no increase applies to a period already paid for.
  • Automatic renewal is one of the terms expressly accepted under Section 30.

11. Technical Support

  • Technical Support covers assistance with the installation, configuration and use of the Software, and diagnosis of defects in the Software, during our normal working hours.
  • Technical Support does not cover: your hardware, your network, your host operating system or your cloud provider; third-party equipment, inverters, gateways, meters or device clouds; faults caused by your modifications, by unsupported configurations or by use contrary to the documentation; electrical work; commissioning; or on-site attendance, unless separately agreed in writing.
  • Unless a written service level agreement is in place, response times are targets and not contractual commitments, and no service credits arise.
  • Remote support sessions. Where diagnosis requires access to your Installation, a session can be opened only from your side, by someone you authorise. While a session is open, our operator can execute commands and read and write files on that machine with elevated privileges. You are responsible for authorising, supervising and closing the session. For that processing we act as your data processor, as described in Section 9 of our Privacy Policy. You should treat opening a session as granting privileged administrative access.
  • You will provide the information, logs and cooperation we reasonably need. We are not responsible for delay or failure to resolve an issue caused by information you do not provide.

12. Your responsibilities, and what the Software is not

This Section is fundamental to the bargain between us, and the price of the Software reflects it.

12.1 The Software is a monitoring and optimisation tool

The Software monitors, visualises, reports on and optimises the operation of energy equipment. It is not:

  • a safety system, a protection relay, or any part of a protection scheme;
  • a certified measuring instrument, a billing meter, or a source of legally or commercially authoritative measurements;
  • a substitute for the protective devices, interlocks, alarms, isolation, earthing and emergency stops required by the applicable electrical standards and grid codes;
  • designed, tested or certified for use where its failure, delay, inaccuracy or unavailability could lead to death, personal injury, or damage to property or the environment.

12.2 What remains your responsibility

You are solely responsible for:

  • the design, installation, protection, commissioning, maintenance and safe operation of your electrical installation, and for compliance with all applicable standards, grid codes and permits;
  • ensuring that independent protective devices operate correctly irrespective of the Software, and that the installation fails to a safe state if the Software, its host, its network or any connected service becomes unavailable, delayed or incorrect;
  • reviewing, testing and validating every automation rule, setpoint, schedule, tariff configuration and optimisation strategy before putting it into service, and monitoring its effects afterwards;
  • the security, patching, backup and availability of the infrastructure on which you deploy the Software, and of the network and devices you connect to it;
  • your obligations as a data controller in respect of the data held in your Installation, as described in Section 3 of our Privacy Policy;
  • the accuracy of the configuration data you enter, including equipment parameters, register maps, limits and tariffs.

12.3 Acknowledgement

You acknowledge that automation acts on real electrical equipment, and that an incorrect configuration, an incorrect register map, a communication failure or a defect can cause equipment to operate in an unintended way. You accept that risk and confirm that you have independent protections in place.

13. Acceptable use

You must not use the Software or the Store to: infringe the rights of others; introduce malware; gain unauthorised access to any system; interfere with or place an unreasonable load on our infrastructure; scrape, probe or test our systems without our written permission; circumvent licence enforcement; or carry out any unlawful activity. You must not use the Software to control equipment you are not authorised to control.

14. Availability, updates and versions

  • The Software is self-hosted, and its availability depends on infrastructure you operate. We do not commit to an uptime level for your Installation.
  • The Store and any hosted components we operate are provided on a reasonable-endeavours basis and may be unavailable during maintenance or for reasons beyond our control.
  • We may issue updates that correct defects, improve security or add functionality. Where you hold an entitlement to updates, updates are made available according to that entitlement and the applicable image manifest. Where you do not, your existing version continues to operate within the terms of your Licence.
  • Updates may change or remove features. Where a change materially reduces functionality you rely on, and you are a Consumer, your rights under Section 17 apply.
  • We may discontinue a product or a version. Where we do, we will give reasonable notice and will not curtail a Subscription period you have already paid for.
  • Security updates. You are responsible for applying updates we make available. We are not liable for loss arising from a vulnerability that a published update would have remedied and that you did not apply within a reasonable time.

15. Third-party services and AI features

  • The Software can connect to third-party services and equipment, including device clouds, forecast providers, mapping providers, notification channels and artificial intelligence providers. Those connections are configured by you, using credentials you supply.
  • We do not control those services. We do not warrant their availability, accuracy, security or continued existence, and we are not liable for their acts, omissions, changes, outages or charges. Your use of them is governed by their own terms.
  • AI-assisted features generate suggestions. Their output may be inaccurate or unsuitable and must be reviewed by a competent person before being relied on or put into service. An automation rule produced with AI assistance requires your review and activation. You are responsible for what you enter into a prompt and for what you choose to act on.

16. Withdrawal, cancellation and refunds

Withdrawal, cancellation and refunds are governed by our Return and Refund Policy, which forms part of these Terms and which you should read in full. In summary, and without limiting that Policy:

  • Licences are supplied as digital content and are sold as final sales, subject to the statutory rights described in that Policy;
  • where you are a Consumer and you have expressly requested immediate supply and acknowledged the loss of the right of withdrawal in accordance with Article 16(m) of Directive 2011/83/EU, the right of withdrawal does not apply once supply has begun;
  • Subscriptions and Technical Support are refundable in accordance with the terms set out in that Policy;
  • your statutory rights in respect of digital content that is not in conformity with the contract are unaffected.

17. Warranty and conformity

17.1 Consumers

Where you are a Consumer, we supply digital content and digital services in conformity with the contract, in accordance with Directive (EU) 2019/770 as transposed by Government Emergency Ordinance no. 141/2021. If the Software is not in conformity, you are entitled to have it brought into conformity, and where that is impossible, disproportionate, not done within a reasonable time, or done causing significant inconvenience, to a proportionate price reduction or to termination of the contract with a refund, on the conditions set out in that legislation. These rights are free of charge and cannot be excluded or limited by these Terms.

17.2 Business Customers

Where you are a Business Customer, the Software is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all warranties, conditions, representations and terms not expressly set out in these Terms, whether implied by statute, common law, custom or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy or non-infringement.

In particular, we do not warrant that the Software will be uninterrupted or error-free, that all defects will be corrected, that it will be compatible with any particular third-party equipment or service, that its readings, forecasts, calculations or optimisations will be accurate or complete, or that it will produce any particular economic result.

18. Exclusion of certain losses

To the fullest extent permitted by applicable law, and subject always to Section 19.4, we are not liable for:

  • loss of profit, revenue, production, energy yield, savings, anticipated savings, business, contracts or opportunity;
  • loss of, corruption of, or inability to access data, including telemetry, configuration and historical records;
  • business interruption, downtime, loss of goodwill or reputational harm;
  • damage to equipment, batteries, inverters or installations, or the cost of their repair or replacement;
  • grid penalties, imbalance charges, curtailment costs, tariff or metering errors, or regulatory fines imposed on you;
  • the acts, omissions, outages, changes or charges of any third-party service or equipment;
  • any indirect or consequential loss of any kind;

however caused, whether in contract, tort including negligence, breach of statutory duty, restitution or otherwise, and whether or not the loss was foreseeable or we were advised of its possibility.

19. Limitation of liability

19.1 The cap

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with these Terms, the Store, the Software, any Licence, Subscription or Technical Support, and the use of or inability to use any of them, whether in contract, tort including negligence, breach of statutory duty, restitution or otherwise, shall not exceed USD 100 (one hundred United States dollars), or the equivalent in the currency of your purchase at the rate applicable on the date of the first event giving rise to liability.

This is a single, cumulative cap for all claims of every kind. It is not a per-claim, per-event, per-order, per-Installation or per-year cap, and it is not reset by the renewal of a Subscription.

19.2 If the cap is held unenforceable

If a court or competent authority holds the cap in Section 19.1 to be unenforceable in whole or in part, our total aggregate liability shall instead be limited, in the following order, to:

  1. the total amounts actually paid by you to us in the twelve months preceding the first event giving rise to liability; failing which
  2. the total amounts actually paid by you to us under the contract concerned; failing which
  3. the lowest amount that applicable law permits us to limit our liability to.

It is the express intention of the parties that our liability shall in no circumstances be uncapped. Each limb of this Section is severable and stands independently of the others.

19.3 Conformity remedies are not damages

A price reduction, refund or termination granted under Section 16 or Section 17.1 is a remedy for non-conformity, not an award of damages, and does not count against the cap in Section 19.1.

19.4 What we never exclude

Nothing in these Terms excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • damage caused intentionally or by gross negligence, which cannot be excluded under Article 1355(1) of the Romanian Civil Code;
  • fraud or fraudulent misrepresentation;
  • liability under the product liability regime;
  • the statutory rights of Consumers, including those in Section 17.1;
  • any other liability that cannot be excluded or limited under applicable law.

19.5 Allocation of risk

You acknowledge that the limitations in Sections 18 and 19 are a reasonable allocation of risk between us, that they reflect the price paid, that the Software is a monitoring and optimisation tool and not a protection system as set out in Section 12, and that you are able to protect yourself against the excluded risks by maintaining independent protections, backups and insurance. Section 30 records your express acceptance of these limitations.

20. Indemnity by Business Customers

This Section applies only to Business Customers and does not apply to Consumers.

You will indemnify us against all losses, damages, costs and reasonable legal expenses we incur arising out of or in connection with: your breach of these Terms; your use of the Software in a manner not permitted by Section 9 or Section 13; your failure to comply with Section 12; any claim by a third party, including any end user of an Installation you operate, arising from your operation of that Installation; and any claim arising from your failure to comply with data protection law in respect of data you control.

We will notify you of any such claim without undue delay, will not settle it without your consent, such consent not to be unreasonably withheld, and will give you reasonable assistance at your cost.

21. Suspension and termination

  • Either party may terminate a Subscription with effect from the end of the current period, as set out in Section 10.
  • We may suspend or terminate your Licence, Subscription or access with immediate effect where you materially breach these Terms and, if the breach is capable of remedy, fail to remedy it within 14 days of written notice; where you fail to pay a sum due and fail to pay within 14 days of a reminder; where you circumvent or tamper with licence enforcement; or where required by law, sanctions or export control.
  • We may suspend access temporarily where necessary to protect the security or integrity of our systems, for no longer than necessary, and we will tell you why.
  • On termination, your right to use the Software ends and you must stop using it and remove it from your Installations. Sections 9.2, 12, 18, 19, 20, 22, 23, 27, 28 and 29 survive termination.
  • Termination does not affect any right or liability accrued before it takes effect. It does not entitle you to a refund except as provided in the Return and Refund Policy or by mandatory law.
  • Your data. Because the Software is self-hosted, your data remains in your own infrastructure and is unaffected by termination. Exporting or preserving it is your responsibility.

22. Confidentiality

Each party will keep confidential the non-public information of the other disclosed in connection with these Terms, will use it only for the purposes of the contract, and will protect it with at least the care it applies to its own confidential information. This does not apply to information that is or becomes public without breach, was already lawfully known, is independently developed, or must be disclosed by law or by a competent authority, in which case the disclosing party will give notice where lawful to do so. This Section survives termination for three years.

23. Data protection

Our processing of personal data is described in our Privacy Policy. Where you operate an Installation, you act as data controller in respect of the data it holds and we have no access to it in normal operation. Where we access it during a remote support session you have opened, we act as your processor under Article 28 GDPR. If you require a written data processing agreement, contact us at office@codershyve.com.

24. Export control and sanctions

You must comply with all applicable export control, sanctions and trade restrictions. You warrant that you are not located in, established in or ordinarily resident in a territory subject to comprehensive sanctions, that you are not a person designated on an applicable sanctions list, and that you will not make the Software available, directly or indirectly, to any such territory or person. We may refuse, suspend or terminate supply where necessary to comply with such measures, without liability.

25. Force majeure

Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, terrorism, epidemic, strike, failure of public telecommunications or electricity networks, cyber-attack, failure of a third-party provider, or an act of a public authority. The affected party will notify the other and will resume performance as soon as reasonably possible. Payment obligations already due are not excused. If the event continues for more than 60 days, either party may terminate the affected Subscription, and we will refund the unused portion of any period paid for in advance.

26. Changes to these Terms

  • We may amend these Terms to reflect changes in the Software, in our business, or in applicable law.
  • The version in force for a given order is the version accepted at checkout for that order. A later version does not retroactively alter a concluded sale.
  • For continuing contracts such as Subscriptions, we will give you at least 30 days' notice by e-mail or by a prominent notice before a change takes effect. If you do not accept the change, you may terminate the Subscription before it takes effect, and we will refund the unused portion of any period paid for in advance. Continuing to use the service after the change takes effect constitutes acceptance.
  • Changes required to comply with mandatory law, and changes that are purely clarifying or in your favour, may take effect immediately.

27. Complaints and dispute resolution

27.1 Talk to us first

Please raise any complaint with us at office@codershyve.com. We aim to resolve complaints within 30 calendar days. Most disputes are resolved this way.

27.2 Consumer protection authority

Consumers may also complain to the Romanian National Authority for Consumer Protection (ANPC), at anpc.ro, or to the equivalent authority in their own country of residence.

27.3 Alternative dispute resolution

Consumers may use an alternative dispute resolution entity in accordance with Government Ordinance no. 38/2015. We are not obliged to participate and will decide on a case-by-case basis. The European Commission's online dispute resolution platform ceased operating on 20 July 2025 and is therefore not available.

27.4 Courts

Subject to Section 28, disputes are subject to the exclusive jurisdiction of the competent courts of Baia Mare, Romania. Nothing in this Section deprives a Consumer of the right, under Articles 17 to 19 of Regulation (EU) No 1215/2012, to bring proceedings in the courts of their own place of domicile, or of the protection that a Consumer may only be sued in those courts. Jurisdiction is one of the terms expressly accepted under Section 30.

28. Governing law

These Terms and any non-contractual obligation arising out of them are governed by Romanian law, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Where you are a Consumer habitually resident in another country, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I). Choice of law is one of the terms expressly accepted under Section 30.

29. General

  • Entire agreement. The documents listed in Section 3.1 constitute the entire agreement between us and supersede all prior discussions. Nothing in this clause limits liability for fraudulent misrepresentation, or a Consumer's rights in respect of pre-contractual information.
  • Severability. If any provision is held invalid or unenforceable, it is severed or reduced to the minimum extent necessary and the remainder continues in full force.
  • No waiver. A delay or failure to enforce a right is not a waiver of it.
  • Assignment. You may not assign or transfer your rights without our written consent, which will not be unreasonably withheld. We may assign our rights on a transfer of our business, provided your rights are not diminished.
  • No partnership. Nothing creates a partnership, agency, joint venture or employment relationship.
  • Third parties. A person who is not a party has no right to enforce these Terms.
  • Notices. Notices to us go to office@codershyve.com. Notices to you go to the e-mail address on your order, and are deemed received on the next working day.
  • Language. The authoritative version of these Terms is the English version. A translation is provided for convenience only, save that where mandatory consumer law requires a translation to prevail, it prevails to that extent.

30. Express acceptance of specific terms at checkout

30.1 Why this Section exists

Under Article 1203 of the Romanian Civil Code, standard terms that limit liability, provide for tacit renewal of the contract, determine the applicable law or derogate from the ordinary rules of jurisdiction produce no effect unless they are expressly accepted in writing by the other party. This Section, and the acceptance boxes at checkout, satisfy that requirement.

30.2 What you accept at checkout

Before you can place an order you are asked to tick two separate boxes:

Consent A — immediate supply of digital content. You expressly request that supply of the digital content begins immediately, and you acknowledge that once supply has begun you lose the right of withdrawal, in accordance with Article 16(m) of Directive 2011/83/EU and the corresponding provisions of GEO 34/2014. This box is presented only to Consumers.

Consent B — express acceptance of specific terms. You expressly accept, in writing, for the purposes of Article 1203 of the Romanian Civil Code, the following provisions of these Terms:

  • the exclusion of certain losses in Section 18;
  • the limitation of liability and the cap of USD 100 in Sections 19.1, 19.2 and 19.5;
  • the allocation of safety responsibility in Section 12;
  • the disclaimer of warranties in Section 17.2, where you are a Business Customer;
  • the indemnity in Section 20, where you are a Business Customer;
  • the automatic renewal of Subscriptions in Section 10;
  • the suspension and termination rights in Section 21;
  • the choice of Romanian law in Section 28;
  • the choice of jurisdiction in Section 27.4;
  • the refund window and the terms of our Return and Refund Policy.

30.3 Record

We record the fact that each box was ticked, together with the date and time in UTC, the order number and the version of these Terms in force. That record is retained as evidence and is available to you on request.

30.4 Limits of your acceptance

Ticking a box does not waive any right that mandatory law does not permit you to waive. In particular it does not affect: your conformity rights under Section 17.1; liability we may not exclude under Section 19.4; your right to bring proceedings in the courts of your domicile as a Consumer; or the protection of the mandatory law of your country of habitual residence.

30.5 If acceptance is not obtained

If for any reason the acceptance in Section 30.2 is not recorded for a given order, the provisions listed there do not apply to that order to the extent that Article 1203 requires express acceptance. The remainder of these Terms continues to apply.

31. Contact

S.C. CODERSHYVE S.R.L.
Str. Motorului nr. 5A, ap. 30, Baia Mare, Maramureș 430013, Romania
Trade Register no. J2024001049242 · EUID ROONRC.J2024001049242
Sole registration code 50327689 · VAT RO50327689
E-mail: office@codershyve.com · Telephone: +40 770 533 094
Websites: sungrid-portal.io · codershyve.com · codeops.ro

These Terms are a contractual document and do not constitute legal advice to you. If you are unsure of your rights, seek independent legal advice.