Terms of Service

1. How these terms operate

These terms govern the use of the websites, client portals, support systems, and other digital services provided by Nesqual Tech SRL. In many projects, the general terms are supplemented by a proposal, statement of work, invoice, purchase order, or signed agreement. If there is a direct conflict, the project-specific commercial document prevails for that project.

2. Contract validity and mandatory rights

Under Article 1179 of the Romanian Civil Code, a valid contract requires capacity, valid consent, a determined object, and a lawful and moral cause. Once validly formed, Article 1270 provides that the agreement has the force of law between the parties.

Nothing on this page removes rights that cannot be waived by contract. If you use the services as an individual consumer, any mandatory rights under Government Emergency Ordinance no. 34/2014 and other applicable rules remain in force to the extent they apply to the relationship.

3. Services, orders, and scope changes

We provide software engineering, AI, cybersecurity, product delivery, support, and related advisory services. A project becomes binding once there is clear commercial acceptance, such as a signed agreement, accepted quotation, valid purchase order, or paid invoice.

Changes to scope, requirements, integrations, timetable, content volume, or number of review cycles can change price, delivery timing, and resource allocation. For that reason, we treat material change requests as separate commercial events when their impact is significant.

4. Accounts, acceptable use, and client responsibilities

• You must provide accurate registration information and keep credentials and team access confidential.
• You may not use the services for illegal activity, cyberattacks, malware distribution, intellectual property infringement, or abuse of our infrastructure or other users.
• The client remains responsible for the legality of the content, data, instructions, and materials it submits to us.
• Feedback, approvals, system access, and the availability of key stakeholders must be provided in a timely manner or delivery timing may be affected.

5. Fees, delivery, and acceptance

Fees, currency, taxes, due dates, and billing triggers are the ones stated in the applicable commercial document. Unless otherwise stated, prices exclude taxes and bank charges, and late payment can suspend work or support until the account is regularized.

Delivery dates are estimates unless there is an expressly agreed fixed milestone. A deliverable may be treated as accepted once you approve it, start using it in production, or do not report material issues within a reasonable review period.

6. Intellectual property, confidentiality, and third parties

Each party keeps its rights in pre-existing materials, know-how, trademarks, and confidential information. Unless the commercial document says otherwise, rights in final deliverables are transferred or licensed only to the extent expressly agreed and generally only after full payment of the amounts due.

Open-source software, cloud infrastructure, APIs, fonts, AI services, and other third-party dependencies remain subject to their own terms. We are not responsible for policy changes, outages, or limitations imposed solely by those providers except to the extent the law or a separate contract expressly places that responsibility on us.

7. Warranties, liability, suspension, and disputes

We perform services with reasonable professional care, but unless an express warranty is set out in a signed agreement, the websites, AI flows, support content, and other digital services are provided subject to availability. Any assessment of contractual loss remains subject to the applicable default rules of law, including the logic reflected in Articles 1530-1531 of the Romanian Civil Code on non-performance.

To the maximum extent permitted by law, Nesqual Tech SRL is not liable for indirect or consequential losses, and aggregate liability may be limited by the applicable commercial document. We may suspend access where there is a material breach, non-payment of undisputed invoices, abusive use, or serious security risk. These terms are governed by Romanian law, and disputes are handled by the competent courts in Romania unless mandatory law or a signed agreement says otherwise.