1. Scope of Application
These General Terms and Conditions ("Terms") govern access to and use of the Brainage Softworks website (the "Website") and the services offered through it. By browsing the Website, submitting a contact request, or purchasing a product or service, the user declares that they have read, understood, and fully accepted these Terms in the version in force at the time of interaction. These Terms apply to any user, whether a natural person or legal entity, who accesses or uses the Website or services offered by Brainage Softworks. If the user does not agree with these Terms, they are invited to refrain from using the Website.
2. Services Offered
Brainage Softworks operates in the digital sector and offers, by way of example and not limitation, the following services: - Software development and custom digital solutions - Website development (including landing pages, showcase websites, and portals) - WordPress plugin development - Online booking tools - Technical and commercial consulting Information on the Website regarding services is descriptive and informational in nature. Unless otherwise stated in writing, it does not constitute a binding contractual offer. 2.1 Sale of WordPress Plugins WordPress plugins developed by Brainage Softworks are distributed and sold through the external platform Lemon Squeezy (https://www.lemonsqueezy.com/). The purchase of these products: - Takes place exclusively through the above third-party platform - Is subject to Lemon Squeezy's Terms and Conditions and Privacy Policy - Is governed by Lemon Squeezy policies regarding payments, invoicing, refunds, and software license management Brainage Softworks does not directly process payments for plugins and does not store users' payment data. For any issue concerning plugin transactions, invoices, or refunds, users must contact Lemon Squeezy directly.
3. Requests, Quotations, and Contract Formation
Submitting contact forms, information requests, or demo bookings through the Website does not automatically create a contract nor any contractual obligation on the part of Brainage Softworks. 3.1 Websites and Custom Solutions Website development and custom solution services are governed through one or more of the following documents: - Detailed written quotation - Formal commercial proposal - Dedicated agreement signed by the parties The contract is considered concluded only upon the client's written acceptance of the quotation or commercial proposal, or upon signing a formal agreement. Any verbal or informal communication has no contractual value. 3.2 Standard Website Packages Brainage Softworks offers two standard packages for website creation: - Basic Package - EUR 600 - Advanced Package - EUR 900 The features, included functionalities, delivery timelines, and limits of each package are described on the relevant Website page or in the quotation sent to the client. Listed prices: - Are intended net of VAT and any applicable taxes, unless explicitly stated otherwise - Do not include additional services not expressly provided in the package description - May be subject to changes, which will always be communicated before contract conclusion Any request outside the scope of the selected package will be subject to a separate quotation, agreed with the client before execution.
4. User obligations
Any user accessing the Website or using Brainage Softworks services undertakes to: - Provide accurate, complete, updated, and truthful information when making contact, requests, or purchases - Not use the Website for unlawful, fraudulent purposes or in ways contrary to public order or accepted standards of conduct - Not perform activities that may compromise the security, availability, or proper functioning of the Website and related IT systems - Not attempt unauthorized access to systems, data, or restricted areas - Not spread viruses, malware, or any other harmful code Any misuse of Website content is prohibited. Failure to comply with this article may result in immediate suspension or interruption of services, without prejudice to Brainage Softworks' right to seek compensation for damages.
5. Intellectual Property
All content available on the Website, including by way of example and not limitation: texts, trademarks, logos, images, photographs, videos, source code, graphic interfaces, layouts, and materials of any kind, is the exclusive property of Brainage Softworks or respective third-party rights holders, and is protected under applicable intellectual and industrial property laws. Unless prior written authorization is granted by Brainage Softworks, it is prohibited to: - Reproduce, duplicate, copy, or distribute Website content, in whole or in part - Modify, translate, adapt, or create derivative works from Website content - Use Website content for commercial or advertising purposes - Remove or alter copyright, trademark, or any other ownership notices Use of the Website does not grant the user any right, title, or interest in the content, trademarks, or any other Brainage Softworks intellectual property.
6. Pricing, Payments, and Invoicing
6.1 WordPress Plugins For WordPress plugins developed by Brainage Softworks: - Payment is processed exclusively through Lemon Squeezy - Accepted payment methods, invoicing, subscription management, and refunds are governed by that platform's terms - Brainage Softworks is not responsible for service disruptions, errors, or unavailability attributable to the payment provider 6.2 Websites and Custom Solutions For website development and custom solution services: - Financial terms are defined in the quotation or agreement agreed with the client - Payment may be required in advance, by deposit, or by project milestones, as agreed - In case of delayed payment, Brainage Softworks reserves the right to suspend ongoing activities, deliveries, and access to any environments or tools made available to the client, until the default is remedied - Unless otherwise agreed in writing, amounts paid are non-refundable once contracted activities have started
7. Software Licenses
WordPress plugins and software developed by Brainage Softworks are licensed for use and not sold. Purchasing or activating software grants the user a right of use that is: - Non-exclusive - Non-transferable to third parties - Limited to the conditions, terms of use, and scope specified in the license associated with the individual product Unless otherwise expressly stated in the product license, it is expressly prohibited to: - Redistribute, resell, or sublicense the software - Modify, decompile, decode, or reverse engineer source code - Use the software in violation of applicable laws or these Terms Brainage Softworks reserves the right to revoke the license in case of breach of these conditions, without any refund obligation.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Brainage Softworks shall not be liable for: - Indirect, incidental, consequential, or punitive damages of any kind - Loss of profits, revenues, data, business opportunities, or goodwill - Operational interruptions or malfunctions arising from use of the Website or connected third-party services The Website and its related content are provided "as is" and "as available", without warranties, express or implied, including continuity of service, error-free operation, fitness for a particular purpose, or non-infringement of third-party rights. In any case, Brainage Softworks' total liability toward the client, for any cause and under any title, shall not exceed the amount actually paid by the client for the specific service giving rise to the dispute.
9. Third-Party Links and Services
The Website may contain hyperlinks to third-party websites, platforms, or tools (for example: hosting services, analytics, payment services, social media, booking tools). Such links are provided solely for user convenience. Brainage Softworks does not control, monitor, or take responsibility for the content, availability, security, or personal data processing carried out by such external websites or services. Use of those services is governed exclusively by the terms and privacy notices of the respective providers, which users are encouraged to review.
10. Personal Data Protection
Processing of personal data of users accessing the Website or requesting Brainage Softworks services is governed by the Privacy Policy available on the Website, drafted in compliance with Regulation (EU) 2016/679 (GDPR) and applicable Italian law. Users are invited to review the Privacy Policy before providing personal data through the Website.
11. Changes to the Terms
Brainage Softworks reserves the right to update, supplement, or modify these Terms at any time, at its sole discretion and without prior notice, in order to reflect legal, commercial, or technical changes. Changes take effect from the date the updated version is published on this page. The latest update date is indicated at the end of this document. Users are advised to periodically review these Terms. Continued use of the Website after publication of changes constitutes acceptance of such changes.
12. Governing Law and Jurisdiction
These Terms are governed by Italian law. Any dispute concerning interpretation, validity, performance, or termination of these Terms shall be subject to the exclusive jurisdiction of the Court of Rome, without prejudice to mandatory consumer protection provisions. For relationships with consumers residing in the European Union, mandatory consumer protection rules of the consumer's country of residence shall apply to the extent they provide stronger protection than Italian law.
For clarifications about these Terms and Conditions, contact us at brainagesoftworks@gmail.com