Terms & Conditions of Winsser Solutions

1. Definitions

Client: Any natural or legal person making use of Winsser Solutions' services.

Service(s): All products, services, and/or work offered by Winsser Solutions, including Pine Script development, AI integration, and workflow automation.

Agreement: Any written or verbal arrangement between Winsser Solutions and the client concerning the execution of services.

2. Applicability

2.1 These terms apply to all offers, quotations, agreements, and legal relationships between Winsser Solutions and its clients.

2.2 Deviations from these terms are only valid if explicitly agreed in writing.

3. Quotations and conclusion of agreements

3.1 All quotations issued by Winsser Solutions are without obligation and may be withdrawn or amended at any time unless explicitly stated otherwise.

3.2 An agreement is concluded once the client accepts the quotation or offer in writing or by other explicit confirmation.

4. Execution of the agreement

4.1 Winsser Solutions will execute the agreement to the best of its knowledge and ability.

4.2 Exceeding agreed timelines does not entitle the client to compensation or termination unless there is gross negligence.

4.3 Changes to the assignment must be recorded in writing and approved by both parties.

5. Prices and payment

5.1 All prices are exclusive of VAT and other levies, unless stated otherwise.

5.2 Payment must be made within 14 days of the invoice date, unless other payment terms are agreed in writing.

5.3 In case of late payment Winsser Solutions may suspend its services and charge statutory interest.

6. Intellectual property

6.1 All intellectual property rights to materials, designs, texts, software, and other deliverables developed by Winsser Solutions remain with Winsser Solutions.

6.2 The client may not reproduce, publish, or exploit these materials without prior written consent.

7. Liability

7.1 Winsser Solutions is only liable for direct damages resulting from intent or gross negligence.

7.2 Winsser Solutions is never liable for indirect damages, consequential damages, lost profits, or business interruption.

7.3 Liability is in all cases limited to the amount paid out by Winsser Solutions' liability insurance for the incident in question.

8. Force majeure

8.1 In case of force majeureincluding technical failures or unforeseen circumstancesWinsser Solutions may suspend or terminate the agreement without being liable for damages.

9. Privacy and data protection

9.1 Winsser Solutions processes personal data in accordance with applicable privacy legislation and its privacy policy, which forms an integral part of these terms.

9.2 The client consents to the processing of personal data necessary for executing the agreement.

10. Amendments to the terms

10.1 Winsser Solutions reserves the right to amend these terms at any time.

10.2 Amended terms will be communicated at least 30 days before they take effect via the website or another customary channel.

11. Applicable law and disputes

11.1 All agreements between Winsser Solutions and the client are governed exclusively by Dutch law.

11.2 Disputes arising from or related to the agreement will be submitted to the competent court in the district where Winsser Solutions is established, unless mandatory law dictates otherwise.

12. Final provisions

12.1 If any provision of these terms is void or unenforceable, the remaining provisions remain in full force.

12.2 Additional or deviating conditions proposed by the client are not binding unless explicitly accepted in writing by Winsser Solutions.

13. Third-party services

13.1 To deliver its services Winsser Solutions may rely on third-party platforms and providers.

13.2 These external services are subject to the respective third parties' terms and privacy policies.

13.3 Winsser Solutions is not liable for malfunctions, errors, or delays caused by these third-party services, nor for any damages arising therefrom.

13.4 Questions or disputes regarding third-party services must be handled directly with the relevant provider.

13.5 Winsser Solutions may replace or discontinue third-party services without this giving rise to damages or claims.