Terms and conditions of use
Art. 1. General provisions
1.1 THERMOFORMING TECH SRL [Romanian company established and operating in accordance with the Law 31/1990, having its registered office in Romania, jud. Arges, Mun. Campulung, str. Neagoe Basarab, no. 2,order number at the Trade Registry J3/1943/2021, Sole Registration Number (CUI) 44750888] (hereinafter referred to as “The Company“)].
1.2 The website https://www.thermoforming.tech/ (hereinafter referred to as the “Interface“) is the graphic online representation of the Company, together with its offer of services and products. The entire content of the online platforms is the property of the Company under the conditions explained in this document. The Interface functions as a general presentation of the services offered by the Company, as well as an online application for automation of tool layout, calculation of efficiency and production output.
1.3 This document (hereinafter referred to as the “Document” or “Terms and Conditions“) establishes the terms and conditions under which the Interface can be accessed by users (“Users“) and the conditions in which the customers can access and use the thermoforming application (“Customers“) will take place. By accessing the Interface, the full reading, understanding, acceptance and adherence of the User to this Document is assumed.
1.4 If the User does not agree/does not accept these Terms and Conditions, he relinquishes his right to access and use the services and products offered by the Company.
Art. 2. Definitions
2.1 Administrator – The Company, the holder of the ownership right over the Interface and the intellectual property rights.
2.2 External collaborators – individual or legal persons who provide related services to the Administrator in order to facilitate the use of the Interface by Users and Clients, including other specialists in the field who can provide the specific consultancy requested by the Client. By way of example, but not limited to: accounting services, web developers, other professions and specialists
2.3 Content – any document located on the Interface, as well as fragments/portions of these documents, regardless the form in which they are found – including, but not limited to: text, graphics, sound, image, film, programs, code.
2.4 Cracking or hacking – unauthorized bypassing of the user authentication service or other security services of any network, server, web server or user account.
2.5 Customers – Users of the Interface who pay a monthly subscription for using the Thermoforming application for their professional use.
2.6 Service – providing Users with access to the Company’s Interface for presenting the application and possibility of buying subscriptions in order to access the Thermoforming application.
2.7 Terms and Conditions of use of the Interface – the agreement concluded between any person, individual or legal, who visits, accesses, or who wishes to use in any way or actually uses the Company’s services, as owner and administrator of the Interface and provider of the Services. This agreement establishes the conditions under which any person can visit or access the Interface, or can use in any way the services offered through the Interface.
2.8 User – the person who accesses the Interface and accepts the Terms and Conditions of the Interface. Any user can become a Customer.
Art. 3. Acceptance of Terms and Conditions
3.1. Accessing the Interface, of any page of it and/or the Services, as well as any component of it, constitutes full and unconditional acceptance of the Terms and Conditions, as well as any provision from it. Non-acceptance of this Document, or any of its provisions, entails the respective person’s obligation to immediately stop accessing the Interface.
Art. 4. Copyright
4.1. The content of the Interface is the exclusive property of the Company or it is used by the Company in accordance with the legislation in force or with the owner’s consent.
4.2. The Company guarantees the User limited access to the Interface, in personal interest, respectively viewing the current activity of the Company and the possibility of scheduling a consultation. The User does not have the right to download or modify partially or fully the Interface, reproduce partially or fully the Interface, copy, sell/resell or exploit the Interface in any other way, without the prior written consent of the Company.
4.3. The databases, programs, graphic elements are the property of the Company, or, as the case may be, of the suppliers of the products offered through the Interface and are protected by Law no. 8/1996, regarding copyright and related rights, with subsequent amendments and additions.
Art. 5. Amendments to the Interface and the Document
5.1. The Company reserves the right to modify or update at any time the content of the Interface, its mode of operation, the type of information displayed on the Interface, as well as the Terms and Conditions, without prior notification to the User and without requiring the express consent of the User in this regard.
5.2. Changes will be made known to the User by simply displaying them on the Interface and will be considered accepted by the User if he continues to use the service after they are displayed on the Interface.
5.3 It is the User’s duty to periodically visit this Document to check the Terms and Conditions to which he is bound.
Art. 6. The rights and obligations of the User
6.1. By accessing and using the Services offered by the Interface, the User acts as an adult, as it appears from the legislation of the state in which he is domiciled.
6.2. The user undertakes that:
a) will not modify, distribute, copy, transmit, display, publish, reproduce, grant licenses, create derivative products, transfer or sell any kind of information or services obtained from or through this Interface, except in accordance with the Terms and Conditions , as well as with the applicable legislation.
b) will not carry out or allow the activity of cracking, hacking or “denial of service” attacks (i.e. interference with the service, regarding any user, network or server). Users who violate the security of systems or networks may be prosecuted under applicable civil and criminal law.
6.3. If the Administrator deems that a User does not comply with the Terms and Conditions of Use, or has or may harm the Interface in any way, the Administrator may restrict the User’s access to the Interface without prior notice. The same sanctions may apply to the Customer with cancelation of the subscription, the Customer may be subject of partial reimbursement.
6.4. Restriction can mean:
a) deleting messages whose content does not comply with the Terms and Conditions of the Interface
b) deleting the defined options and denying access to the Interface Services
6.5. The restriction of the User’s access may be preceded by warnings, as the case may be, a benefit at the sole discretion of the Administrator.
6.6. The Company will make efforts to ensure that the Interface is secure and works without problems.
6.7. Any complaint regarding the quality and experience of the Interfaces should be addressed to the Administrator.
Art. 7. The rights and obligations of the Customer
7.1. The Customer declares that he has become aware of the Service provided by the Company, respectively the provision of access to the on-line thermoforming application through which the Customer can design automation of tool layout and make calculation of efficiency,production output, project economy calculation, tool layout comparison, and project economy comparison.
7.2. In order to become a Customer, the User undertakes the obligation to share the identification and contact data in a correct and complete manner, including but not limited to the name, surname, address, telephone number, e-mail address and other elements necessary for the invoicing and identification of the Customer.
7.3. The customer is fully responsible for the authenticity of the identification data transmitted.
7.4. The Company will use the data provided by the Client according to the Personal Data Processing Policy.
7.5. The subscriptions will be provided in accordance with the subscriptions plan chosen by the client. Every new User receives 7-days trial subscription to test the software. The Company has 3 plans:
- Basic subscription, through which the Customer has unlimited access to either Tool Layout calculator or to Price calculator. The Customer can choose only one of them.
- Pro Subscription, through which the Customer has unlimited access to both Tool Layout calculator and Price calculator .
- Team subscription, through which the Customer has Pro subscription plus team collaboration functionality for up to 10 assigned user accounts. Master user has access to all assigned-user projects, assignedusers can share their calculations with other assigned-accounts under Master-account with view-only or view-and-edit access.
7.6 The subscription can be activated with monthly or annual payments. By choosing annual subscription customer gets a discount equal to the price of 2 months of subscription.
7.6. The invoicing will be done automatically and the Customer can download his invoices in the Billing tab of the User Profile page. Subscriptions will be paid via online card payment. The access to the subscription is granted within 24 hours since the payment is processed. Recuring payments are activated by default, Customer can stop recuring payments in the billing tab of the User profile page. If a customer can’t pay the subscription online, he can request the invoice for bank transfer with manual subscription activation. The access to the subscription paid via bank transfer is granted in 1 working day since the payment is received. .
7.7. Cancellation of the subscription can be done within 24 hours from the time of the appointment without costs. After the 24-hour period has passed, monthly subscriptions are non-refundable. Annual subscriptions can be cancelled at any moment, the reimbursed amount will be equal to the number of months unused, counting from the next month of cancelation, minus a penalty of 20% of the cost of the subscription..
7.9. The Company acknowledges that the intellectual property right and any related rights regarding to the project uploaded through the portal belong and remain the property of the Customer. However, for providing better services, subscription plans and preferential offers, the Company can access statistical metrics regarding to a Client’s usage of the application and undergoing projects, respectively: type of material used, type of machinery used, type of knifes used, mould type, shape of product and type of calculation.
7.11. The limit of the Company’s liability for any damage resulting from using the application is limited to the value of the subscription paid by the Customer.
7.12. The Company has the right to delete accounts that have no active subscritpion and are inactive for more than 3 months.. With regards to the account termination, the Customer will be notified 2 weeks before via e-mail.
Art. 8. Rights and obligations of the Company
8.1. The company has the right to restrict anyone’s access to the Interface, both for objective and subjective reasons.
8.2. The company is not responsible for any inaccuracy or error, nor for any direct or indirect damage caused by the use of the Interface and/or application.
8.3. The Company does not assume responsibility for any loss of data or information resulting from delays, requests that are not honoured or that do not reach the recipient, caused by events that are not under the control of the Interface, the Company, external collaborators, or through errors of omission on the part of the user.
8.4. The company, as well as external collaborators, exclude any suggestion or guarantee that:
a) the service will be uninterrupted or error-free
b) any defects will be corrected
c) the service or the server that makes it available to users is free of viruses or other components that could harm users and cannot be held responsible for any action taken based on that information or service.
8.5. Under no circumstances can the Company, as well as external collaborators, be responsible for losses of a direct or indirect nature resulting from or related exclusively, in any way, to the use or degree of performance of the service, this Interface or websites in relation to this.
8.6. The Company does not guarantee the accuracy and completeness of the materials, software products and services on this Interface. The company reserves the right to modify, at any time and without prior notice, the materials, and services on the Interface. The company does not undertake to update the materials and services on the Interface.
8.7. Also, the User and the Customer assume full responsibility for maintaining the confidentiality of the information they transmit or publish on the Internet using the services of the Interface. The administrator has no responsibility for the information published or transmitted on the Internet or through any other means of communication by the Users of this Interface.
8.8. The user agrees to be exempt from liability and not to take legal action against the Company, as well as external collaborators, regarding any claim raised by a third party, resulting from the use of the service by the user, as well as regarding any loss (direct, indirect, consequential or otherwise), costs, actions, lawsuits, claims, damages, expenses (including court costs) or other liabilities, suffered in any way or caused directly by the Interface, as well as external collaborators, as a result of the user’s violation or disregard of these terms and conditions or any applicable legal provision.
Art. 9. Act of God and force majeure
9.1. The Administrator shall not be liable in any way to the User or the Customer and is excused from any failure to deliver or perform or delays caused in the delivery or performance of the contract as a result of causes beyond its power of control, including but not limited to: government actions, fire, work stoppages, shortages, war, terrorism, civil unrest, logistical problems, power, communications, Internet service provider outages or hosting service failures or delays due suppliers of hardware equipment or software systems, denial of services as a result of attacks, malicious intrusion, hacking attacks, acts of third parties beyond the Administrator’s control, natural disasters, including changes in the Administrator’s ability to provide services according to the object and / or the price established as a result of legislative changes or external collaborator’s policies or government speakers.
Art. 10. Notification
10.1. Without limiting the applicability of art. 5.2., Users or Customers can be informed by the Company by sending electronic notifications (pop-ups, texts included in the Interface, etc.), e-mails, SMS messages, direct telephone contact for the transmission of messages.
10.2. The communication is opposable if it is carried out according to art. 10.1. The notice is deemed to be received on the first business day after it is sent.
10.3. Verbal notices shall not be considered by either party unless confirmed in writing.
Art. 11. Conciliation and litigation
11.1. Any complaint or dissatisfaction regarding the operation of the Interface must be sent in writing to the administrator via “Send message” or “bug report” button in the Interface. The Company will investigate the complaint within 30 days of receipt.
11.2. Any conflict arising between Users or Customers and the Company will be resolved amicably, by agreement between the parties.
11.3. The interpretation and application of the Terms and Conditions will be made according to Romanian law. In case of contradictions between the English version and any other language, the English version will prevail.
11.4. If the conflict is not solved amicably, the jurisdiction rests with the courts of the Municipality of Bucharest, respectively the Court of District 1 Bucharest or the corresponding higher court.
Art. 12. Protection of personal data
12.1. Personal data is protected in accordance with the legislation in force. The Company’s privacy policy is available in the section Personal data processing policy.
Art. 13. Use and liability
13.1. The Company will allow the viewing and downloading of materials on the Interface exclusively for personal, non-commercial use, providing that all copyright notices and other proprietary notices present in the original are kept in copies.
13.2. The following are prohibited: modifying the materials on this Interface, reproducing them, displaying, displaying or publicly distributing them, using them for public or commercial purposes other than those for which the Company was created. Use of these materials on another website or in any networked computer environment is prohibited. The materials on this Interface are protected. Failure to comply with any of these Terms automatically results in the cancellation of the right to use this Interface and the obligation to immediately destroy all downloaded or printed materials.
13.3. The user assumes that the use of the service provided by Interface will be done only in good faith and in accordance with the legislation in force.
13.4. If the User is unclear or wants more information about this document, he can send a request via “send message” button in the Interface
