Last updated: September 2, 2026
Application: FlexyNook

Any order or subscription to the flex-office management, workspace optimization, and reservation services offered on the flexynook.app website (hereinafter the “Site”) implies the prior reading and full acceptance of these General Terms and Conditions (hereinafter the “General Terms and Conditions”).

The Customer declares that he/she is informed that his/her agreement to the content of these General Terms and Conditions does not require the handwritten signature of this document: the final click of registration to the services (hereinafter the “Platform”) by the Customer results in the conclusion of a Contract for the provision of services under the terms defined below.

BETWEEN THE UNDERSIGNED:

TandemCode, Sole Proprietorship (Entreprise Individuelle), having its registered office located at 16 rue Général Sorbier, 58000 Nevers (France), registered in the Trade and Companies Register (RCS) of Nevers under SIREN number 750 631 939, represented by its owner in their capacity as Individual Entrepreneur,

(Hereinafter referred to as “TandemCode”),

AND

THE CUSTOMER,

The Customer is the natural or legal person registering on the Site or placing an order on the Site. The natural person who actually registers on the Site declares that he/she has the legal capacity and powers of representation to commit him/herself or the legal entity for which he/she is contracting hereunder. The Customer declares in all cases that he/she is a professional acting for the needs of his/her business, and consequently declares that he/she is informed that he/she does not benefit from the legal provisions protecting consumers.

(Hereinafter collectively referred to as the “Parties”).

PREAMBLE

The Customer operates professional premises and wishes to manage and optimize flexible working (flex-office) within its organization.

TandemCode has developed a SaaS and PWA application for flex-office management, workspace booking (individual desks, shared multi-seat areas, meeting rooms), and team schedule tracking, called FlexyNook, which is made available to its clients in a cloud-based or dedicated environment.

THIS BEING SAID, THE FOLLOWING HAS BEEN AGREED:

ARTICLE 1 – DEFINITIONS

In this Agreement, words or expressions starting with a capital letter will have the following meaning:

• “Application” or “Interface”: all computer programs developed and published by TandemCode constituting the FlexyNook solution (Web and PWA).
• “Authentication”: the procedure by which the Customer or a User provides their Identifier and password to access the Platform.
• “Database”: the set of data (users, schedules, bookings, spaces) organized for the operation of the Application and its API.
• “User Account”: an individual access opened for a User or Administrator.
• “Contract”: all contractual documents constituted by this document and the subscribed pricing offers.
• “Documentation”: the description of FlexyNook features and the list of technical prerequisites necessary to use the Application.
• “Workspace / Spot”: any desk, individual or multiple workstation, or meeting room referenced on the Platform and available for booking.
• “Identifier”: a unique access code given to the Customer or User which, together with a password, enables Authentication to access the Interface.
• “Offer”: access to the Platform associated with a set of features (shared cloud SaaS, dedicated cloud, private or local server), limited in time and/or in the number of Users or Rooms.
• “Platform”: the set of servers and infrastructure made available by TandemCode, on which the Application runs and on which the Database is hosted.
• “SaaS” (Software as a Service): the remote provision of the FlexyNook Application features via the Internet.
• “User(s)”: any natural person (employee, administrator, HR manager) authorized by the Customer to use the FlexyNook Application.

ARTICLE 2 – PURPOSE OF THE CONTRACT

The purpose of this Contract is to define the terms and conditions under which TandemCode grants to the Customer, who accepts it:

1. A right of remote access and use in SaaS mode for the FlexyNook Application (non-exclusive license);
2. An associated data hosting, maintenance, and technical support service.

ARTICLE 3 – CONTRACTUAL DOCUMENTS – DURATION – MODIFICATION

• 3.1 Effective Date and Duration:The Contract comes into force upon registration of the Customer on the Site. It automatically expires:
  • Upon expiry of the Free Trial Offer if no paying Offer is subscribed;
  • Upon expiry of a Paid Offer if its automatic renewal has been deactivated in the Administration area.
• 3.2 Registration and Account Management:When registering, the Customer designates at least one Administrator. Via the administration interface, the Customer manages, under its own responsibility, the creation, assignment, and deletion of User Accounts (employees, HR, managers). The Customer guarantees compliance with these Terms and Conditions by all Users granted access.
• 3.3 Modification of Terms:TandemCode reserves the right to modify the terms of this Contract at any time. Modified conditions will be applicable to any new subscription or renewal of Offers.

ARTICLE 4 – TRIAL OFFER AND SUBSCRIPTION OF OFFERS

• 4.1 Free Trial Offer:Upon initial account creation, the Customer receives a Free Trial Offer, limited in time (30 days). This offer allows testing of FlexyNook features. It can only be taken out once per Customer.
• 4.2 Paid Offers:At any time, the Customer may subscribe to a Paid Offer from their administration area. The Customer declares to have verified that the FlexyNook Application meets its technical, organizational, and HR requirements before any commitment. No request for reimbursement may be made on the basis that a feature or the interface does not suit the Customer post-subscription.

ARTICLE 5 – TERMS OF ACCESS AND RIGHT OF USE

• 5.1 Grant of License:TandemCode grants the Customer a personal, non-exclusive, non-transferable, and non-assignable right to use the FlexyNook Application for its own business needs for the duration of the subscribed Offer.
• 5.2 Accessibility and PWA:The Application is accessible 24/7 via the Internet. Access can be made via a web browser or by installing the Progressive Web App (PWA) on desktop or mobile devices. TandemCode reserves the right to temporarily interrupt access for technical maintenance or updates without these temporary interruptions giving rise to any compensation.

ARTICLE 6 – CUSTOMER OBLIGATIONS

The Customer undertakes to:

1. Pay the contractual fees for the subscribed Offers according to agreed deadlines;
2. Respect TandemCode’s intellectual property rights regarding the FlexyNook Application;
3. Maintain strict confidentiality of Identifiers and passwords provided to Users;
4. Refrain from attempting to introduce viruses, malicious code, or conducting unauthorized penetration testing on the Platform;
5. Ensure it holds all legal authorizations required to process personal data of its employees (absences, schedules, attendance, emails) imported or synchronized (via Excel, REST API, or LDAP) into FlexyNook.

ARTICLE 7 – SERVICE LEVEL AGREEMENT AND MAINTENANCE (SLA)

• 7.1 Availability:TandemCode commits to implementing appropriate technical means to ensure an annual Platform service availability of at least 98%, excluding planned maintenance periods.
• 7.2 Technical Support and Incidents:Technical assistance is available to Customer Administrators via the ticketing system built directly into the FlexyNook Application, Monday through Friday (excluding public holidays) during business hours.
  • Major Anomaly (complete blocking of booking or access without a workaround solution): Acknowledged within 4 working hours, resolution/unblocking attempted within 24 working hours following receipt of a reproducible scenario.
  • Minor Anomaly (partial defect not preventing general usage): Acknowledged and handled in due course as part of regular maintenance updates.

ARTICLE 8 – FINANCIAL CONDITIONS AND PAYMENT

• 8.1 Prices:The current rates are indicated on the flexynook.app Website at the time of subscription. Unless otherwise stated or if Value Added Tax (VAT) is not applicable based on our current tax status (e.g., VAT exemption regime under Article 293 B of the French General Tax Code / CGI), prices are quoted exclusive of tax (VAT excluded). Where applicable, prices will be increased by the applicable taxes (VAT) in force on the day of invoicing.
• 8.2 Payment and Invoicing:Subscription fees are due in advance (monthly or annually according to the chosen Offer). Payment is primarily made online by credit card via automatic recurring debit upon renewal. Invoices are issued automatically and sent to the Customer by email.
• 8.3 Late Payment:Any failure to pay on the due date shall automatically give rise to late payment penalties calculated at three times the legal interest rate, as well as a statutory fixed compensation fee for recovery costs of forty euros (€40) (Art. L. 441-10 of the French Commercial Code). In the event of non-payment, TandemCode reserves the right to suspend access to the Application until full payment is received.

ARTICLE 9 – INTELLECTUAL PROPERTY

TandemCode remains the exclusive owner of all intellectual property rights related to the FlexyNook Application, its source code, user interface designs, databases, algorithms, trademarks, and logos.

This Contract grants no transfer of ownership to the Customer. The Customer is strictly prohibited from:

1. Any reproduction, representation, reverse engineering, or decompilation of the Application;
2. Developing competing software based on FlexyNook’s architecture or functionalities;
3. Sublicensing or distributing the Application to unauthorized third parties.

The Customer remains the exclusive owner of all data inputted or imported into the Application (HR data, employee schedules, attendance records).

ARTICLE 10 – PERSONAL DATA PROTECTION (GDPR)

• 10.1 Roles of the Parties:In the context of using FlexyNook, the Customer acts as the Data Controller and TandemCode acts as the Data Processor within the meaning of the General Data Protection Regulation (GDPR – EU 2016/679).
• 10.2 Commitments of TandemCode:As Data Processor, TandemCode undertakes to:
  • Process personal data strictly on documented instructions from the Customer and solely for the performance of this Contract;
  • Ensure the confidentiality of processed data;
  • Implement technical and organizational measures to ensure data security (encryption, HTTPS access, individual credentials);
  • Host data within the European Economic Area (EEA) or ensure appropriate legal transfer safeguards;
  • Assist the Customer in fulfilling requests for exercising data subjects’ rights (access, rectification, erasure).
• 10.3 Infrastructure and Sub-processors:The Customer authorizes TandemCode to engage sub-processors (such as cloud hosting and payment infrastructure providers) for the execution of the services. All primary customer data and databases are stored on secure servers located within the European Economic Area.
• 10.4 Backup and Data Retention:Booking history and schedule data are archived on a sliding period of up to 12 months on the Platform, after which they are automatically purged. It is the Customer’s responsibility to export data if longer retention is required.

ARTICLE 11 – LIMITATION OF LIABILITY

TandemCode is subject to a general obligation of means (obligation de moyens) in delivering its services.

TandemCode shall not be held liable for indirect damages suffered by the Customer, such as loss of turnover, loss of business, data loss, commercial harm, or damage to brand image.

In any event, should TandemCode’s liability be established, the total aggregate compensation payable shall not exceed the total amount actually paid by the Customer during the three (3) months preceding the event giving rise to the claim.

ARTICLE 12 – TERMINATION AND DATA RECOVERY

• 12.1 Termination:The Customer may cancel their subscription at any time from their administration area prior to the renewal date of the active term. In the event of a material breach by either Party, the other Party may terminate the Contract upon formal notice remaining uncured after 15 calendar days.
• 12.2 Data Portability and Deletion:Upon contract termination for any reason, user access rights will end. TandemCode will retain Customer data for a period of one (1) month following termination. During this window, the Customer may request a copy of its data. After this period, all Customer data will be permanently deleted from our servers.

ARTICLE 13 – GOVERNING LAW AND JURISDICTION

This Contract is governed exclusively by French law. In the event of any translation or discrepancy between language versions, the official French framework shall prevail for legal interpretation.

In the event of any dispute relating to the interpretation, performance, or termination of this Contract, the Parties shall endeavor to seek an amicable settlement.

Failing an amicable settlement within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Nevers (Tribunal de Commerce de Nevers), France, even in the event of summary proceedings, third-party appeals, or multiple defendants.