Terms of Service

Agreement and acceptance

By creating an account or using NEXOGEN you agree to these Terms. If you open the account for a business, you accept on its behalf and confirm you are authorised to bind it; if you use NEXOGEN as an individual for purposes outside a trade or profession, you accept as a consumer and keep the consumer rights described below. The version and effective date are shown with this document and your acceptance is recorded. If we make material changes, we ask you to accept the updated Terms before you continue.

1. Who these terms are between

These Terms are between the account holder (“you”) and NEXOGEN S.R.L. (Societate cu Răspundere Limitată (S.R.L.)), Bucureşti Sectorul 6, Calea Giulești, Nr. 42, camera 2, Bl. 8, Scara c, Etaj 3, Ap. 81, RO (reg. J2026025947001, tax id 54516729, share capital 500 RON fully paid), contact contact@nexogenautomation.com. You may open an account as a business or professional, or as an individual acting in a personal capacity (a consumer). If you act for a business you confirm you are authorised to bind it; if you are a consumer, the mandatory rights of Romanian and EU consumer law apply and nothing in these Terms removes them.

2. The service

NEXOGEN is a multi-tenant business operating platform. Available features depend on your plan, and we may add, change, or remove features to improve the service. Some capabilities — payments, telecom, and live AI generation on real data — are switched off by default and apply only when you separately enable them and any additional terms for them apply.

3. Accounts and security

You are responsible for your account, the users you add, and keeping credentials secure. Tell us promptly of any unauthorised use. You are responsible for your users' compliance with these Terms.

4. Acceptable use

• Use the service lawfully and do not infringe others' rights.
• Do not attempt to breach security or the isolation between tenants, or probe, scan, or overload the service.
• Do not use the service to send unlawful, deceptive, or unsolicited communications.
• You are responsible for the data you enter and for having a lawful basis to process it.

5. Your data and data protection

You own the business data you put into NEXOGEN. For personal data you enter about your own customers, you are the controller and NEXOGEN S.R.L. is your processor under the Data Processing Agreement, which forms part of these Terms. You grant us the limited licence needed to host and process your data to provide the service. Our handling of your account data is described in the Privacy Notice, and the providers we use are listed on the Subprocessors page.

6. Fees and taxes

Paid plans are billed in advance for the subscription period shown at sign-up (for example monthly or annual). We show the total price before you subscribe. Prices are stated exclusive of any taxes, which are added where applicable. NEXOGEN S.R.L. is not currently registered for VAT, so Romanian VAT is not added today; if that changes, any applicable VAT will be shown before it applies. Fees for a period already started are non-refundable except where the law requires otherwise or we expressly state otherwise; you can cancel at any time to stop future renewals. We may change prices for a future period on reasonable prior notice, effective from your next renewal.

7. Your rights if you are a consumer

If you subscribe as a consumer (an individual acting outside a trade, business or profession), you have a legal right to withdraw from the subscription within 14 days of entering into it, without giving a reason. NEXOGEN is an ongoing digital service, so this right stays with you throughout the 14 days and cannot be waived. You may expressly ask us to start the service during that period; doing so does not remove your right to withdraw. If you withdraw after asking us to start, you pay only a proportional amount for the part of the period the service was provided to you, not the full price. Withdrawal is separate from cancellation: cancelling stops future renewals under these Terms, while withdrawal is your statutory 14-day right. The price shown at sign-up is the total you pay for the period. To withdraw, or for any consumer question, contact contact@nexogenautomation.com. Nothing here affects your statutory rights. If we cannot resolve a complaint, you may use alternative dispute resolution through the National Authority for Consumer Protection (ANPC, anpc.ro), which administers the Romanian alternative dispute resolution (SAL) scheme for consumer disputes.

8. Intellectual property

We and our licensors own the NEXOGEN platform and everything in it except your data. You keep all rights in your data. If you send us feedback, you allow us to use it to improve the service without obligation to you.

9. Third-party and gated services

When you enable them, payments are handled by Stripe, AI features use the providers listed on the Subprocessors page, and telecom features use a telecom provider. These are subject to their own terms and are off until you enable them.

10. Data portability and switching (EU Data Act)

You can export your data in a common, machine-readable format, and we support switching to another provider. In line with the EU Data Act, no charges apply to switching (the Regulation removes such charges from 12 January 2027).

11. Warranties and disclaimers

We provide the service with reasonable skill and care and use commercially reasonable efforts to keep it available, but we do not warrant that it will be uninterrupted or error-free. To the fullest extent permitted by law, and except as expressly stated in these Terms, the service is provided “as is” and we exclude all implied warranties, including fitness for a particular purpose and non-infringement. Nothing in these Terms excludes or limits any liability or right that cannot be excluded or limited under Romanian or EU law.

12. Limitation of liability

To the extent permitted by law: neither party is liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill; and each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees you paid or owe for the service in the twelve months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited under Romanian or EU mandatory law (including death or personal injury caused by negligence, and fraud or fraudulent misrepresentation), to your obligation to pay fees due, or to either party's infringement of the other's intellectual property. Where any mandatory law would override a limit above, that law prevails.

13. Term, suspension and termination

You may stop using the service and close your account at any time. We may suspend or limit access for a serious or repeated breach, a security risk, or non-payment, giving notice where practical. On termination you can export your data, after which we delete or return it as described in the Data Processing Agreement.

14. Changes to these terms

We may update these Terms as the product or the law changes. We show the version and effective date, and we record your acceptance of the version in force. For material changes we ask you to accept the new version before you continue.

15. Governing law and disputes

These Terms are governed by the laws of Romania, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the competent courts of Bucharest, Romania, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before starting proceedings, the parties will try in good faith to resolve the dispute by negotiation. Where Romanian or EU mandatory law grants a party a non-excludable forum or remedy, that law prevails.