Important: This document is a working draft for lawyer review. It is not legal advice and is not final until the Draft badge is removed.
These Terms of Service (“Terms”) govern access to and use of https://milannialsoftware.com operated by Milannial Software SRL (CUI 44998817, Nr. Reg. Com. J52/1036/2021). By accessing or using the site, you agree to these Terms. If you do not agree, do not use the site.
1. About these Terms
These Terms govern only the public website, contact form, Ask Milan AI chat (including lead capture), booking link, project estimator, and on-demand PDF tools. They do not govern any paid engagement — those require a separate signed services agreement that prevails over these Terms in case of conflict for that engagement.
Our Privacy Policy (same site, Legal section) explains how we process personal data and forms part of your understanding of how the site works. Submitting the contact form or chat lead requires acceptance of the Privacy Policy.
2. Eligibility and acceptable use
You must use the site only for lawful business purposes and in compliance with applicable law (including GDPR and Romanian law). You agree not to:
- submit unlawful, defamatory, harassing, infringing, deceptive, or harmful content;
- attempt to probe, scan, disrupt, overload, or compromise the site, APIs, AI chat, or our infrastructure;
- bypass rate limits, abuse forms, use bots to spam, or extract data at a volume that harms service for others;
- impersonate any person or misrepresent your affiliation;
- upload malware or content that interferes with others’ systems;
- use the site to collect personal data of others without a lawful basis, or to submit special-category data we do not request.
We may suspend or block access, discard submissions, or report abuse where reasonably necessary to protect the site, our users, or our legal rights.
3. Intellectual property
All site content (copy, design, code, brand assets, case studies, blog posts, generative visuals) is owned by Milannial Software SRL or its licensors, except where clearly attributed otherwise. Case studies are published with relevant permission; anonymised materials remain subject to client confidentiality constraints.
You may quote short excerpts of blog posts with attribution and a link back. You may not copy, scrape for training datasets, republish, modify, or commercially exploit our content without prior written permission, except as allowed by mandatory law (e.g. limited quotation rights).
4. Ask Milan (AI chat)
Ask Milan uses a third-party large language model (currently OpenAI). Outputs are generated automatically, may be incomplete, outdated, or incorrect, and do not constitute professional, legal, financial, or technical advice, nor a binding offer or warranty. Always verify critical information with us directly.
You remain responsible for what you submit. Do not enter credentials, secrets, or confidential information you are not authorised to share. Chat content may be transmitted to our AI processor as described in the Privacy Policy.
5. Estimator, brochure and proposal PDFs
The estimator and any generated PDF produce indicative, non-binding information based on your inputs. They are not quotes, statements of work, or contractual offers. Binding commercial terms arise only from a written agreement signed by us.
6. Booking and third-party services
Links to Cal.com, GitHub, certificate verifiers, LinkedIn, or other third parties are provided for convenience. Those services are governed by their own terms and privacy policies. We are not responsible for their availability, content, or practices.
7. No warranties
To the fullest extent permitted by applicable law, the site and all related tools are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation.
8. Limitation of liability
To the fullest extent permitted by applicable law, Milannial Software SRL and its officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of the public site, AI chat, estimator, or PDFs, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Our aggregate liability arising out of or relating to use of the public website tools shall not exceed one hundred euros (EUR 100), except where liability cannot be limited under mandatory law (including liability for death or personal injury caused by negligence, fraud, or other non-excludable liability, and rights that cannot be waived for consumers under EU / Romanian law).
9. Indemnity
You agree to indemnify and hold us harmless from claims, damages, losses, and expenses (including reasonable legal fees) arising from your unlawful use of the site, your submitted content, or your breach of these Terms, to the extent permitted by law.
10. Suspension and termination
We may modify, suspend, or discontinue any part of the site at any time. Provisions that by nature should survive (including IP, disclaimers, liability limits, indemnity, and governing law) survive termination of access.
11. Changes to these Terms
We may update these Terms. The “Last updated” date reflects the latest revision. Continued use after changes constitutes acceptance of the updated Terms for subsequent use, except where mandatory law requires a different mechanism.
12. Severability; entire agreement; no waiver
If any provision is held unenforceable, the remainder stays in effect. These Terms, together with the Privacy Policy for data-protection matters, constitute the entire agreement regarding use of the public site tools and supersede prior informal understandings on that subject. Failure to enforce a provision is not a waiver.
Use of the site does not create a partnership, joint venture, employment, or agency relationship.
13. Governing law and jurisdiction
These Terms are governed by the laws of Romania, without regard to conflict-of-law rules that would require another law. Subject to mandatory consumer-protection rules of your country of residence (if you are a consumer), disputes shall be submitted to the competent courts of Bucharest, Romania.
14. Contact
Questions about these Terms: contact@milannialsoftware.com.
Controller identity details appear in the Privacy Policy §1.
