Legal
Terms of Sale & Software Licence
The terms governing the sale of software, licences and paid services by Nysiris. They complement the Terms of Service and any individual Agreement, which prevails in case of conflict.
1. Scope
These Terms of Sale apply to every quotation, order and sale by Nysiris to a professional client (B2B) of: software and software licences; custom web, mobile, desktop, embedded and platform development; software-as-a-service (SaaS) and subscriptions; hosting and infrastructure; and professional services (consulting, audit, cloud and DevOps, cybersecurity, data and AI, and managed support). They are completed by an individual Agreement and its statement of work, which defines scope, deliverables, prices and timeline and which prevails over these Terms in the event of conflict. The Company's products and services are intended for the operational use of businesses and organisations — small and medium enterprises, industry, hospitality, tourism, healthcare, and for-profit or non-profit associations and similar activities, including their public-sector counterparts. They are not intended for, and the client shall not use them for, political campaigning, electoral operations or propaganda, mass surveillance or the profiling of populations, or any unlawful purpose or activity that fuels conflict or violates applicable national and international sanctions. The Company may decline or terminate, at its discretion, any engagement that falls outside these intended uses or that it reasonably considers may expose it to legal, reputational or geopolitical risk.
2. Quotations & orders
Quotations are valid for the period stated on them (failing which, thirty (30) days). An order is formed when the client accepts a quotation in writing or signs the Agreement. Prices and figures shown on the Site are indicative and do not constitute a binding offer.
3. Prices, taxes & invoicing
Prices are expressed in Algerian dinars (DZD) unless agreed otherwise. The Company operates under the simplified single-tax regime (IFU); invoices carry the mandatory legal particulars (identity, RC, NIF, Article d'imposition) and the applicable taxes or exemptions under that regime. Any duties or charges payable outside Algeria are borne by the client.
4. Payment
Unless the Agreement provides otherwise, payment is made by bank transfer, CCP, cheque or any electronic means accepted by the Company, on the due dates set out in the Agreement. Late payment may, after formal notice, give rise to late-payment interest at the legal rate and to suspension of the affected Services or licences until settlement.
5. Software licence
Unless expressly assigned in writing, software is licensed, not sold. Subject to full payment, the Company grants the client a non-exclusive, non-transferable licence to use the software for the client's internal business purposes, within the scope, user count and term defined in the Agreement. The client may not copy beyond what is necessary, reverse-engineer (save where the law permits), sublicense, rent or distribute the software. All intellectual-property rights in the software and deliverables remain with the Company or its licensors until and unless otherwise agreed. Third-party and open-source components are governed by their own licences. The client shall not publish benchmarks or performance comparisons of the software, nor publicly disparage it, without the Company's prior written consent. The client shall use the software in compliance with applicable laws, including export-control and international-sanctions rules, and warrants that it is not itself subject to such restrictions.
6. Software-as-a-service, subscriptions & availability
Where Services are provided as software-as-a-service or under a subscription, access is granted for the subscription term defined in the Agreement and renews or terminates on the terms set there. The Company may suspend access for non-payment, security risk or breach, with notice where practicable. Any availability or uptime commitment (for example a service-level target) applies only where expressly stated in the Agreement, is measured as defined there, and excludes scheduled maintenance, force majeure and failures of third-party networks or providers; the client's sole and exclusive remedy for a missed target is the service credit defined in the Agreement, to the exclusion of any other compensation. On termination, return, export and reversibility of the client's data follow the procedure and period set in the Agreement, after which data is deleted or anonymised.
7. Hosting & hosted content
Where the Company hosts a website, application, data or content for the client, the client remains solely responsible for what it publishes or stores and warrants that it holds all necessary rights and that the content is lawful. The client shall not host or transmit unlawful, infringing or harmful material, nor abuse shared resources or compromise the platform. The Company may — with notice where practicable, or immediately where the law or a serious security risk so requires — suspend or remove offending content or the affected service, and may act on a substantiated legal notice. Backup and restoration are performed as set out in the Agreement; the client remains responsible for keeping its own copies of its data.
8. Mobile applications & app stores
Mobile applications are delivered and, where applicable, published through third-party platforms (notably the Apple App Store and Google Play). Their review, approval, distribution, availability, fees and policies are controlled by those platforms under their own terms; the Company is not responsible for a platform's rejection, removal, delay or change of rules, which fall outside its control.
9. Security testing & audit services
Penetration testing, vulnerability assessment and any intrusive security work are performed only within a scope and schedule authorised by the client in writing. The client warrants that it owns, or is duly authorised to submit to testing, every target system and data set, and shall obtain any third-party consent required. The client acknowledges that such testing may, despite due care, cause incidental disruption, and shall indemnify and hold the Company harmless against claims arising from testing carried out within the authorised scope, save for the Company's own gross negligence or wilful misconduct. Findings are handled confidentially and disclosed only to the client.
10. Data, artificial intelligence & automated outputs
Where Services include analytics, machine-learning or artificial-intelligence features, their outputs are probabilistic and provided for assistance only; they may contain errors and require human review before any decision. The Company gives no warranty as to the accuracy, completeness or fitness of automated outputs and is not liable for decisions taken on their basis. Rights in client data, models and outputs are allocated in the Agreement; the client warrants that it holds the rights necessary to the data it provides for processing or training.
11. Data protection & processing
Where the Company processes personal data on the client's behalf in the course of a Service — for example end-user, customer or guest data within a SaaS platform — it acts as a processor under a data-processing agreement that forms part of the Agreement and the requirements of Law 18-07. The client, as controller, warrants that it has a lawful basis and the notices and consents required for that data. Processing through the Site itself is described in our Privacy Policy.
12. Product evolution & versioning
Software and platforms evolve. The Company may release versions, updates, improvements and security patches, and may modify or deprecate features, giving reasonable notice for material changes, without thereby incurring liability, provided the core functionality contracted for in the Agreement is maintained for its term. Discontinuation of a product or material feature is handled under the Agreement, with a reasonable transition or data-export window.
13. Delivery & acceptance
Deliverables are provided by the means and on the dates set in the Agreement. Acceptance follows the acceptance procedure and criteria of the Agreement; absent a procedure, deliverables are deemed accepted if no substantiated reservation is notified within the period stated in the Agreement.
14. Warranty & maintenance
The Company warrants that deliverables materially conform to the agreed specifications and provides the warranty and any maintenance or support stated in the Agreement. Statutory guarantees against hidden defects (garantie des vices cachés) apply as provided by law. Warranties do not cover faults arising from misuse, unauthorised modification, or third-party components or environments. Free deliverables, trials, prototypes and pre-release (beta) software are provided “as is”, without warranty, maintenance or support, except as expressly agreed in writing.
15. Withdrawal, cancellation & refund
For professional (B2B) sales, cancellation and refund are governed by the Agreement. Where a sale falls within the scope of consumer protection, the client's rights under Law No. 09-03 of 25 February 2009 on consumer protection and the suppression of fraud, and — for online sales — Law No. 18-05 of 10 May 2018 on electronic commerce, apply. A licence or service already activated and used is not refundable except as required by law or expressly agreed.
16. Liability
The Company's liability under a sale is governed by the limitation-of-liability terms of the Agreement and, failing that, is limited to the amounts paid for the affected deliverable. The Company is not liable for faults, interruptions or losses arising from third-party infrastructure, networks, APIs, software or environments outside its control, nor for the client's failure to maintain its own backups of its data. Nothing excludes liability that cannot lawfully be excluded, including for gross negligence or wilful misconduct (faute lourde ou dol).
17. Force majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, as defined in the Terms of Service.
18. No partnership or agency
Nothing in these Terms of Sale creates a partnership, joint venture, agency, employment relationship or de facto company between the parties. Neither party may bind or represent the other; each acts as an independent contractor.
19. Subcontracting
The Company may engage qualified subcontractors or service providers to perform all or part of the Services, while remaining responsible to the client for the parts so performed.
20. Feedback
Where the client provides feedback, suggestions or ideas about the software or Services, the Company may use them freely, without restriction or compensation, to improve its products, and is under no obligation to act on them.
21. Limitation period
To the extent permitted by mandatory law, any claim arising from a sale or licence must be brought within twelve (12) months of the event giving rise to it, failing which it is time-barred.
22. Survival
Provisions which by their nature are intended to survive — including intellectual property, software-licence restrictions, confidentiality, the limits on warranties and liability, and the limitation period — remain in force after the end of the relationship.
23. Governing law & jurisdiction
These Terms and any non-contractual obligations arising from them are governed by the laws of Algeria. The parties will first seek an amicable resolution, including by raising the matter with our dedicated client-relations service, which handles concerns directly. Failing an amicable settlement, disputes shall be submitted to the court with territorial jurisdiction over the Company's registered office in Algeria, subject to any applicable rules of public policy (ordre public).
24. Changes, language & contact
These Terms of Sale may be updated; the version and date appear above and apply to orders placed after publication. The English version prevails; translations are for convenience. Questions: admin@nysiris.com.
Applicable jurisdictions: Algeria
Last updated 20 June 2026
Enquiries: admin@nysiris.com