Terms of Service

Acceptance of terms

By accessing brixwave.com, contacting us through any form or signing a service agreement, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree, please discontinue using the website and do not enter into an agreement with us.

Definitions

• "Brixwave", "we", "us", "our" — Brixwave SRL.
• "Website" — brixwave.com and all its subdomains operated by Brixwave.
• "Services" — the digital services we deliver to clients, including software development, design, consulting, support and our own SaaS products.
• "Client" — a legal entity or individual entering into a service agreement with Brixwave.
• "User" / "you" — any visitor of the Website.

Services we provide

Brixwave delivers software engineering, product design, performance marketing, infrastructure and consulting services. We also operate our own SaaS products.

The exact scope, deliverables, timelines, milestones, payment terms and acceptance criteria for each engagement are set out in a written Master Services Agreement, Statement of Work or order form. If there is a conflict between these Terms and a signed agreement, the signed agreement prevails for that engagement.

Eligibility

You must be at least 16 years old to interact with the Website and at least 18 (or the legal age in your jurisdiction) to enter into a service agreement with us. If you contact us on behalf of an organisation, you confirm that you have authority to bind that organisation.

Acceptable use

You agree not to:

• Use the Website or Services for any unlawful purpose, fraud, harassment or to infringe third-party rights.
• Attempt to gain unauthorised access to our systems, accounts, networks or related infrastructure.
• Probe, scan or test the vulnerability of any system without our prior written consent.
• Use automated means (bots, scrapers, crawlers) to harvest content or overload the Website beyond what is permitted by robots.txt.
• Reverse-engineer, decompile or attempt to derive source code from any service, except as permitted by mandatory law.
• Upload or transmit malware, viruses, harmful code or content that is illegal, defamatory, obscene or hateful.

Intellectual property

All content on brixwave.com — including text, design, logos, illustrations, code samples and brand elements — is owned by Brixwave or licensed to us, and is protected by copyright, trade-mark and other intellectual property laws.

Ownership of deliverables created during a paid engagement is governed by the signed agreement. Unless agreed otherwise in writing, ownership of the final deliverables transfers to the Client upon full payment, while Brixwave retains ownership of pre-existing materials, tools and know-how used to produce them.

User content & feedback

If you send us suggestions, feedback or ideas about our Website or Services, you grant Brixwave a non-exclusive, perpetual, royalty-free, worldwide licence to use, reproduce and incorporate that feedback into our products and services without obligation to you.

Pricing, invoicing & payment

Prices for services are agreed in writing per engagement. Unless stated otherwise, prices are exclusive of VAT and other applicable taxes. Invoices are payable within the term agreed in the order form (default: 14 days).

Late payments may incur statutory penalty interest under Romanian Law 72/2013 and may suspend ongoing work until the balance is settled.

Warranties & disclaimers

We perform Services with reasonable skill and care, in line with industry standards. The Website and any free content are provided "as is" and "as available" without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Website will be uninterrupted, error-free or that defects will be corrected immediately.

Limitation of liability

To the maximum extent permitted by law, Brixwave's aggregate liability for any claim arising out of or related to these Terms or a service engagement shall not exceed the fees actually paid by the Client to Brixwave during the twelve (12) months preceding the event giving rise to the claim.

In no event shall Brixwave be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, loss of revenue, loss of data or business interruption, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded under Romanian law.

Indemnification

You agree to indemnify and hold Brixwave harmless from any third-party claim, demand, loss, liability and expense (including reasonable legal fees) arising out of your breach of these Terms, your infringement of any third-party right, or your unlawful use of the Website.

Suspension & termination

We may suspend or terminate your access to the Website at any time, with or without notice, if we reasonably believe you have breached these Terms or if required by law. Termination of a service agreement is governed by the terms of that agreement.

Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of the page reflects the most recent revision. Material changes affecting active engagements will be notified to clients in writing.

Governing law & jurisdiction

These Terms are governed by Romanian law, without regard to its conflict-of-laws rules, and supplemented by EU regulations where applicable.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent Romanian courts in the registered office area of Brixwave SRL, except where mandatory consumer-protection rules of your country of residence require otherwise.

Consumer rights & ADR

If you are a consumer (i.e. not acting in the course of a business), you have the rights granted by Romanian and EU consumer-protection law, including those under GEO 34/2014.

You may also use the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr, or contact ANPC (Autoritatea Națională pentru Protecția Consumatorilor) at anpc.ro for out-of-court dispute resolution.

Severability

If any provision of these Terms is held invalid or unenforceable by a competent court, the remaining provisions shall continue in full force. The invalid provision shall be interpreted, to the maximum extent permitted by law, in a way that comes closest to the parties' original intent.