Terms & Conditions – SPOTWHALE
Last updated: 26 August 2025
Company: SPOTWHALE SRL — Bacău, Romania
Contact: [email protected]
Welcome to SPOTWHALE. By using our services or website, you accept these Terms & Conditions and our Privacy & Cookie practices described below. Please read them carefully.
1. Payment Terms
Pilot Run
We may provide a pilot run on your project at no cost and without obligation.
Initial Payment
After successful completion of the pilot run, an initial payment of 50% of the agreed project cost is required to begin full project work.
Refund Policy
If you are not satisfied with our work before final project delivery, you may request a refund of the initial payment. Refunds are not available after project delivery and approval.
Ownership & Use Before Final Payment
The Client does not acquire any ownership rights, usage rights, or permission to copy or distribute the project or its deliverables before full payment is made. Any previews, demonstrations, or partial versions provided by SPOTWHALE remain the property of SPOTWHALE and cannot be copied, shared, or reused in any form.
Final Payment
The remaining balance is due upon delivery of the final project. Full payment is required to obtain all rights, ownership, and usage of the final deliverables. Receipt of full payment constitutes final approval of the project.
Order Adjustments
If project costs change due to complexity or new requirements, we will inform you in advance. You may accept the updated price or cancel the order.
2. Scope of Work
The scope of services and deliverables will be defined before work begins.
Any additional features or changes outside the agreed scope require written approval and may result in extra costs and extended timelines.
3. Intellectual Property & Confidentiality
All deliverables created specifically for you are transferred to you upon full payment.
Pre-existing tools, libraries, or frameworks remain the property of SPOTWHALE.
We do not claim ownership of any materials you provide.
All information shared with us—including artwork, client details, and documentation—remains strictly confidential.
We will not contact your clients or partners without your written consent.
Unless otherwise agreed, we may display non-confidential parts of the project in our portfolio.
If required, we are happy to sign a Non-Disclosure Agreement (NDA).
4. Working Hours & Communication
Our core business hours are Monday–Friday, 09:00–18:00 (GMT+3).
We aim to reply to messages within 24–48 business hours.
5. Important Updates & Urgent Emails
We may occasionally send emails containing security updates, urgent messages, or important news relevant to your account and project management. These messages are essential for maintaining your account and ensuring project continuity.
6. Privacy & Data Protection
SPOTWHALE respects your privacy and is committed to protecting your personal information. By using our services, you agree to this Privacy Policy, which is governed by EU and Romanian data protection laws, including the GDPR.
Information We Collect
To provide our services and communicate effectively, we may collect:
Personal Information
Name, email, phone number, postal address, business name
Financial details required to process payments (payment processor may store payment details)
Technical Information
Browser type and version, operating system, IP address, time zone
Device type, unique device identifiers, cookies
Usage data and referring URLs
How We Use Your Data
We use your information to:
Manage your account and provide support
Process payments and orders
Send important updates and security notices (see “Important Updates & Urgent Emails”)
Share marketing information only with your consent
Analyze and improve our website and services
Fulfil legal obligations and protect our business
We never sell your personal information.
Legal Basis for Processing
We process personal data based on:
Contract execution (to manage and deliver services)
Legitimate interests (to operate, secure, and improve our services)
Consent (for marketing communications and where required)
Legal obligation (accounting, taxation, regulatory requirements)
Data Sharing & International Transfers
We may share information with trusted third parties necessary to deliver our services, such as:
IT and system administration providers
Payment processors and financial institutions
Accountants and auditors
Hosting and infrastructure providers
Legal advisors or authorities when required by law
When data is transferred outside the EU/EEA, we ensure appropriate safeguards are in place (for example, Standard Contractual Clauses, reliance on EU Commission adequacy decisions, or other lawful mechanisms) to comply with GDPR.
All third parties we share data with are required to handle your data in compliance with applicable data protection laws.
Data Security
We take multiple measures to protect your data:
Encryption for accounts, payments, and storage where appropriate
Limited access to personal data for employees who sign confidentiality agreements
SSL-secured forms for requests, orders, and payments
Regular security reviews and best-practice measures
Despite these safeguards, no online system is 100% secure. We will notify you and the relevant authorities in accordance with applicable law if a personal data breach occurs that poses a risk to your rights and freedoms.
Data Retention
We retain personal data only as long as:
It serves the purposes for which it was collected (e.g., project delivery, account management)
You have an active account with us
Retention is required for legal, tax, or accounting reasons
When data is no longer required, we will delete or anonymize it in a secure manner.
Your Rights Under GDPR
Under the GDPR, you may request:
Access to the personal data we hold about you
Correction of inaccurate or incomplete data
Deletion of your data (where we are not required to retain it by law)
Restriction of processing or portability of your data
Withdrawal of consent for marketing communications
To object to processing under certain circumstances
To exercise your rights, contact us at [email protected]. We will respond within 1 month of receiving your request, or within 3 months if the request is complex (we will inform you if an extension is necessary).
7. Cookies
SPOTWHALE uses cookies and similar technologies to improve website functionality, user experience, and marketing:
Functional Cookies: Essential for site operation, login, and security.
Performance Cookies: Help improve website speed and usability.
Advertising & Social Media Cookies: Tailor content and ads to your interests.
You can manage or disable cookies through your browser settings, but this may affect website performance and available features. For more detail, see our Cookie Policy (link / separate page).
8. Limitation of Liability
We are not liable for indirect or consequential damages, including loss of profits, data, or business opportunities.
Our maximum liability is limited to the total fees paid for the project.
9. Force Majeure
We are not responsible for delays or failure to perform caused by events outside our reasonable control, including natural disasters, power outages, internet disruptions, strikes, or governmental actions.
10. Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of Romania.
Any disputes will be subject to the exclusive jurisdiction of the courts of Bacău, Romania.
11. Changes to These Terms & Policies
We may update these Terms & Conditions, Privacy Policy, or Cookie Policy from time to time. Any changes will be posted on this page with an updated “Last updated” date. Continued use of our services after changes are posted constitutes acceptance of the updated policies.
