Terms of Service

These Terms of Use (“Agreement”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and binarycentrum (“Company,” “we,” “us,” or “our”) (Registered Name: MTSC SOFTWARE), regarding your use of this website and the web application service depending on the chosen subscription (binarycentrum.com as the “Site” and “Web App” for our subscription packages) and any other media forms, channels, mobile websites, or mobile applications related to the Site. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree with these terms and conditions, you are prohibited from using the Site and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby incorporated into this Agreement by reference. We reserve the right to change or modify this Agreement at any time and for any reason at our sole discretion. We will notify you of any changes by updating this Agreement’s “Last updated” date, and you waive any right to receive specific notice of each such change. You must review this Agreement periodically to stay informed of updates. Your continued use of the Site after posting revised terms and conditions constitutes your acceptance of such changes.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country. Any individuals accessing the Site from other locations do so at their initiative and are solely responsible for compliance with local laws, if and to the extent such rules are applicable.

Using the Site, you represent and warrant that you have the legal capacity to enter into this Agreement and comply with its terms. Furthermore, you agree not to access the Site through automated or non-human means, engage in illegal or unauthorized activities, or violate applicable laws or regulations.

By using the Site, you represent and warrant that:

1. You will not access the Site through automated or non-human means.
2. You will not copy any information from this Site without prior consent or reference to the source, with a do-follow.

Services

We offer 3 subscription-based services with clearly defined benefits listed for each service. These are:

• Landing Pages
• Website
• Custom Web App

Each package consists of us creating, setting up, and hosting a web application for you.

By purchasing any package, you agree the following:

• We take any acceptable measures to keep your Web App safe, but with any software, it’s impossible to be impenetrable. Therefore, we cannot be held responsible for any data breach or information leaks. We won’t directly share any information with third parties except those specified in our Privacy Policy, from which we remind analytics tools and any other third-party integration your Site might need.
• You are responsible for keeping your Web App accounts and passwords secure and regularly updated.
• You are responsible for the data the Web App stores and manages, and you must make sure you get users’ consent before storing their data.
• You own the data stored by the Web App, and we cannot be held responsible in any way of any legal breach.
• We are only responsible for hosting and making sure the Web App runs on the internet. What you do with it further, it’s fully your responsibility.
• We cannot be held responsible for anything related to your Web App, other than making sure to host it for you.
• We cannot guarantee the Web App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
• You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web App during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Web App or to supply any corrections, updates, or releases in connection therewith.
• By purchasing the subscription-based packages, you are not entitled to modifications of the default functionalities and to any extra functionalities, unless you pay extra, at the agreed fixed price, the development price for implementing such features. You agree that you read carefully what is included in the monthly subscription, we cannot be held responsible for developing anything extra than what is mentioned there unless it’s paid for at the agreed hourly rate of 60$/h.
• In case we going bankrupt or discontinue the service, you will be eligible to get the source code and extra cost have us set up your Web App on another hosting that you own. Only in this case will the Intellectual Property (IP) be free of charge passed in your company.
• We own the Intellectual Property of all our clients’ Web Apps, unless you make a one-time payment for passing the IP to your company for your Web App only, allowing you to use and further develop the Web App in any way you want and need. Paying the one-time fee for the Intellectual Property – you will get the source code, documentation and the right to use, edit, and own the software of your web app. It does not mean though that others will not use the underlying technology that is common to all our services.
• You understand and agree that we need to charge you an unknown extra monthly fee for more than 5,000 visitors for your web app. As infrastructure cost is getting higher depending on the users number, you will be responsible for paying the extra costs to support the infrastructure to run your web application.
• After your approval of the design, and after the live deployment of the web app, any changes, bugs, or features needed to be developed will cost extra (unless the bugs are related to the underlying functionalities offered commonly to all clients – functionalities unrelated to your custom functionalities), considering an hourly rate of 60$.
• You agree that we cannot reimburse the payment after 15 days have passed since the subscription was paid by you.
• Buying a software, you understand and agree that there is no software without bugs and issues. We will offer support and free bug fixing for any functionality that concerns our boilerplate and underlying technology, except when it is related to any custom functionalities you requested or has to do with any features developed on your request – those will need to be estimated and paid.
• You agree and understand that we cannot deliver perfect software without any bugs and issues. Before implementing any new features for you, we will agree beforehand on a testing period on your side, within which window all found bugs will be fixed free of charge. The default one is 5 days. You are responsible for testing and making sure the system works as intended. We also do testing on our side after every developed feature.

PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

1. Use Web App in any way that violates any applicable law or regulation.
2. Engage in abusive, offensive, or illegal activities with your Web App.
3. Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
4. Use the Web App for any harmful, fraudulent, or deceptive purpose.
5. Interfere with or disrupt the Web App’s operation, servers, or networks connected to the Site.
6. Attempt to gain unauthorized access to the Web App, computer systems, or networks associated with the Web App.
7. Collect or store personal information from other Web App users without express consent.

If you engage in any prohibited activities, we reserve the right to suspend or terminate your account and deny you access to the Site at our sole discretion.

Stripe Payment Provider

We use the Stripe payment gateway to manage your monthly or annual subscriptions. We do not store personal or credit card information on our systems. Upon purchase, you are required to fill in the information needed for the transaction to take place.

The purpose of asking for such information upon checkout by Stripe is for legal and invoicing reasons. We do not use that data in any other way outside Stripe.

By checking out one of our plans, you agree to:

• You can legally enter into this Agreement and comply with its terms.
• Fill true, accurate, current, and complete information when checking out from Stripe;
• 15-day money-back guarantee. After 15 days, you are not eligible for reimbursement anymore. During those 15 days, we are working hard to set up your application. Hence, you must agree to a minimum one-year contract if 15 days after your purchase date passes.
• If you provide untrue, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny you access to the Site.
• Using our landing pages, websites, or custom web app services will not violate any applicable law or regulation. It will not be used for any illegal activity.
• You will not use the landing pages, websites, or custom web app services we provide for illegal or unauthorized purposes.

Any use of the Site and Web App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Web App.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://binarycentrum.com/privacy-policy. Using the Site, you agree to be bound by our Privacy Policy incorporated into these Terms of Use.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of Romania. BinaryCentrum and you irrevocably consent that the courts of Romania shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

Refund Policy

We allow refunds within 15 days of purchase. Contact us at [email protected], and we will give you a refund. If 15 days have passed, we cannot refund you anymore. You are able to cancel the subscription at any point in time and it will work after the next billing cycle.

DISCLAIMER

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL binarycentrum and the entity MTSC SOFTWARE OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF MTSC SOFTWARE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.