Terms and Conditions of Use
FORTRUST S.R.L. · CUI 52212952 · J2025055252002 · Non-VAT payer
Effective from 06.10.2026
This document sets out the contractual terms and conditions under which FORTRUST S.R.L. makes the OptimCut online service available. These Terms and Conditions, together with the Refund Policy and the Privacy Policy, constitute the distance contract concluded between the Provider and the User, in accordance with the provisions of the Civil Code, Law no. 365/2002 on electronic commerce and, where applicable, Government Emergency Ordinance no. 34/2014 on consumer rights (GEO 34/2014). This English version is provided for information purposes; in the event of any discrepancy, the Romanian version shall prevail.
Art. 1. The Contracting Parties
1.1. The OptimCut service (hereinafter the "Service" or the "Application"), accessible at https://optimcut.ro and its subdomains, is provided by FORTRUST S.R.L., a Romanian legal entity, with its registered office in Voluntari, 22 Simion Mândrescu Street, Office no. 1, Ilfov County, registered with the Trade Register under no. J2025055252002, Unique Registration Code (CUI) 52212952, not registered for VAT purposes (non-VAT payer), e-mail office@fortrust.ro, telephone 0787 663 744 (hereinafter the "Provider").
1.2. The User is any natural or legal person who creates an account and uses the Service under the conditions of this document (hereinafter the "User").
Art. 2. Definitions
2.1. For the purposes of this document, the following terms shall have the following meanings:
- Professional – a User who uses the Service in the course of their commercial, industrial, manufacturing, craft or liberal professional activity, including authorised natural persons, sole proprietorships, family businesses and legal entities;
- Consumer – a natural person acting for purposes which fall outside their commercial, industrial, manufacturing, craft or liberal professional activity, within the meaning of art. 2 item 1 of GEO 34/2014;
- Account – the User's personal space, created on the basis of an e-mail address and protected by login credentials, through which the Service is accessed;
- Subscription – the usage plan chosen by the User: Trial (free of charge) or Pro (paid);
- Billing Period – the one-month interval for which the price of the Pro Subscription is paid in advance;
- Optimization – one launch of the calculation of the layout of parts on boards, including in "Quick optimization" („Optimizare rapidă”) mode;
- User Content – the data entered or generated by the User in the Application: materials, board stock, furniture recipes, parts, settings and saved sheets;
- Results – the cutting plans, diagrams, sheets, labels and exports generated by the Application on the basis of the User Content.
Art. 3. Subject Matter of the Contract
3.1. The subject matter of the contract is the grant of the right to use the Application, a software solution provided online for optimizing the cutting of boards (chipboard, MDF and similar materials), which calculates the layout of parts on boards, the cutting sequence and the reusable offcuts, and generates cutting sheets, diagrams and labels.
3.2. The Service is intended primarily for Professionals. The provisions applicable to Consumers shall apply only to the extent mandatorily required by law.
Art. 4. Conclusion of the Contract and Acceptance of the Terms
4.1. The contract shall be deemed concluded on the date the Account is created. By creating the Account, by choosing a Subscription or by actually using the Service, the User declares that they have read, understood and expressly and fully accept these Terms and Conditions, as well as the Refund Policy, which forms an integral part hereof.
4.2. A User who does not agree with this document shall not use the Service.
4.3. The contract is concluded in the Romanian language. The version in force is published on the website and may be downloaded and stored by the User.
Art. 5. The User Account
5.1. The contract may be concluded by natural persons who have reached the age of 18 and have full legal capacity, as well as by the legal representatives or authorised agents of legal entities.
5.2. The User shall provide true, complete and up-to-date data and shall update such data whenever necessary.
5.3. Authentication is performed through a specialised provider (Clerk). The User is responsible for keeping their login credentials confidential and for all operations carried out from their Account.
5.4. The Account is personal and may not be assigned, rented, sold or shared by several persons for the purpose of circumventing the limits of the Subscription.
5.5. The User shall notify the Provider without delay, at office@fortrust.ro, of any unauthorised use of the Account or any breach of its security.
Art. 6. Subscriptions and Usage Limits
6.1. As at the date of entry into force of this document, the Provider offers the following Subscriptions:
- Trial – free of charge, no bank card required: 3 (three) Optimizations per calendar month, a maximum of 100 parts per Optimization, a maximum of 5 optimization cycles, without the "Precise" („Precis”) calculation method;
- Pro – 20 (twenty) euros per month, VAT not applicable: 20 (twenty) Optimizations per calendar day, a maximum of 300 parts per Optimization, a maximum of 15 optimization cycles, with the "Precise" calculation method.
6.2. Limits are calculated according to Romanian official time. Optimizations not used within a day or a month shall not be carried over and shall not be compensated in money.
6.3. Each launch of an Optimization counts towards the Subscription limit, including in "Quick optimization" mode and including where the User stops it before completion.
6.4. In order to protect the Service, the Provider applies technical limits, including: a pause of 2 (two) minutes after two Optimizations launched in quick succession; a maximum of 100 materials, 200 stock rows, 200 furniture recipes and 300 saved sheets per Account; and temporary restrictions in the event of excessive traffic or attempted abuse.
6.5. The Provider may modify the Subscriptions, limits and functionalities of the Service. Modifications restricting the rights attached to a paid Subscription shall apply to existing Users as of the following Billing Period.
Art. 7. Promotional Codes
7.1. The Provider may issue promotional codes granting free access to the Pro Subscription for a fixed period, usually one month.
7.2. A promotional code must be activated within the communicated validity period (usually 2 days from issue), may be used only once, is non-transferable and may not be exchanged for money.
7.3. Upon expiry of the promotional period, the Account automatically reverts to the Trial Subscription, without any payment obligation.
7.4. The Provider may cancel codes obtained or used abusively or fraudulently.
Art. 8. Price, Payment and Invoicing
8.1. The price of the Pro Subscription is the price displayed in the Application on the date of the order, currently 20 (twenty) euros per month, VAT not applicable. The Provider is not a VAT payer; accordingly, the price does not include VAT and the amount displayed is the final price payable by the User.
8.2. The price is payable monthly, in advance, by bank card, through the payment processor Stripe. Card data are entered and processed exclusively by Stripe; the Provider has no access to such data and does not store them.
8.3. The Pro Subscription renews automatically at the beginning of each Billing Period until it is cancelled by the User, in accordance with art. 9.
8.4. Tax documents are issued in accordance with the legislation in force. The payment history may be consulted from the Application, via the "Manage subscription" („Gestionează abonamentul”) option.
8.5. If payment cannot be made, access to the Pro Subscription shall cease and the Account shall revert to the Trial Subscription, without loss of the User Content.
8.6. The Provider reserves the right to modify the price of the Pro Subscription at any time. The modification shall be communicated to Users with an active Pro Subscription by e-mail, to the address associated with the Account, and through the Application, on the date of its adoption (hereinafter the "notification date").
8.7. For Users with an active Pro Subscription on the notification date, the new price shall not apply to the first billing following that date. The Billing Period beginning immediately after the notification date shall be billed, once only, at the previous price, and the User shall retain Pro access under the previous conditions throughout that period. The new price shall apply as of the following Billing Period.
8.8. By way of example, if the Subscription renews on the 15th of each month and the price modification is communicated on 10 March, the billing of 15 March shall be made at the previous price, and the new price shall apply as of the billing of 15 April.
8.9. A User who does not accept the new price may cancel the Subscription at any time before the first billing at the new price, without any penalty, the cancellation taking effect in accordance with art. 9. Continuation of the Subscription after that date shall constitute acceptance of the new price.
8.10. Users who choose the Pro Subscription after the notification date shall pay the price in force on the date of the order.
Art. 9. Cancellation of the Subscription. Refunds
9.1. The User may cancel the Pro Subscription at any time, directly from the Application, via the "Manage subscription" option, or by a request sent to office@fortrust.ro from the e-mail address associated with the Account.
9.2. Cancellation takes effect at the end of the current Billing Period, for which the price has already been paid. Pro access remains active until that date; no further payment is taken thereafter.
9.3. Amounts paid for the current Billing Period or for previous periods shall not be refunded, either in full or pro rata, irrespective of the extent to which the Service has been used, save for the exceptions expressly provided for in the Refund Policy.
Art. 10. Quick Optimization
10.1. The "Quick optimization" („Optimizare rapidă”) mode allows a trial calculation to be performed on the basis of boards and parts entered directly, without any link to the stock, the materials catalogue or the furniture recipes.
10.2. Data entered and Results obtained in this mode are not saved. They exist only on the open page and are lost upon leaving it, reloading the page or closing the browser. The Results may be printed or downloaded in PDF format while the page remains open.
10.3. The Provider cannot recover data lost in "Quick optimization" mode and shall not be liable for their loss.
Art. 11. Responsibility for Cutting Plans
11.1. The Results are automated calculations made exclusively on the basis of the data entered by the User and constitute technical recommendations.
11.2. Before any cutting operation, the User shall verify the dimensions, materials, thicknesses, grain direction, saw blade width, edge trimming, edge banding and cutting sequence, as well as their consistency with the machinery used.
11.3. The Provider does not warrant that a given layout is optimal in absolute terms or that a particular board utilisation rate will be achieved.
11.4. The Provider shall not be liable for incorrectly cut materials, material losses, non-conforming parts, production delays, damage to machinery or accidents resulting from the use of Results without verification, from the entry of erroneous data or from machinery settings differing from those declared in the Application.
11.5. The User is solely responsible for compliance with occupational health and safety rules and with the operating instructions for their own machinery.
Art. 12. Obligations of the User. Prohibited Uses
12.1. The User undertakes to use the Service only for lawful purposes and in accordance with this document. Without the prior written consent of the Provider, the following are prohibited:
- copying, modifying, translating, adapting, decompiling, disassembling or reverse engineering the Application, the optimization engine or any component thereof, save as expressly permitted by art. 77–80 of Law no. 8/1996 on copyright and related rights;
- automated data extraction ("scraping") and accessing the Service by means of bots, scripts or other automated means, other than the interface made available by the Provider;
- circumventing or attempting to circumvent the limits of the Subscriptions or the technical protection measures, including by creating multiple Accounts for that purpose;
- reselling, sublicensing, renting or making the Service available to third parties, or providing it as a competing service;
- intentionally overloading the infrastructure, cyber attacks, introducing malicious code or any action liable to affect the operation of the Service;
- using the Service for the purpose of developing, training or benchmarking a competing product;
- entering unlawful content or content that infringes the rights of third parties.
12.2. Any breach of art. 12.1 entitles the Provider to suspend or close the Account with immediate effect, without refund of the amounts paid, without prejudice to its right to claim full compensation for the damage suffered.
Art. 13. Intellectual Property Rights
13.1. The Application and all its components are the exclusive property of FORTRUST S.R.L. or are used by it under licence, and are protected by Law no. 8/1996 on copyright and related rights, by the legislation on trademarks and geographical indications and by the international treaties to which Romania is a party.
13.2. The following are protected, without limitation:
- the source code and object code of the Application, the server and the optimization engine, and the algorithms and methods for calculating and sequencing cuts;
- the graphical interface, design, structure and organisation of the pages, the texts, the user manual, the demonstration examples and recipes, and the templates of sheets, diagrams and labels;
- the name and logo "OptimCut", the other distinctive signs, the graphic elements and the icons;
- the databases and compilations created by the Provider.
13.3. For the duration of the Subscription and subject to compliance with this document, the Provider grants the User a limited, non-exclusive, non-transferable and revocable right of use, exclusively by online access and exclusively for the User's own production needs. The User does not acquire any ownership right in the Application. All rights not expressly granted are reserved to the Provider.
13.4. The User may print, download and use the Results in the course of their business, including by transmitting them to their customers and partners, but may not use them to reproduce or imitate the Application. The removal or alteration of copyright notices and of the OptimCut distinctive signs is prohibited.
13.5. Suggestions and feedback submitted by the User regarding the Service may be used freely by the Provider for its development, without any payment obligation.
13.6. Any infringement of intellectual property rights shall give rise to the civil, administrative or criminal liability of the person at fault, in accordance with the law.
Art. 14. User Content
14.1. The User Content remains the property of the User. The User grants the Provider the right to store, process and display it strictly to the extent necessary for the provision of the Service.
14.2. The Provider may use aggregated and anonymised statistical data, which do not allow the User to be identified, for the purpose of improving and promoting the Service.
14.3. Sheets saved in the "Optimization results" („Rezultate optimizare”) section are kept for 6 (six) months from the date of saving, after which they are automatically deleted and can no longer be recovered. The User shall print or export in good time any documents they wish to keep.
14.4. The User is responsible for keeping their own copies of important data. The Provider takes reasonable measures to protect and back up data, without guaranteeing the recovery of lost data.
14.5. Upon closure of the Account, the associated data may be permanently deleted, save for data whose retention is required by law, such as financial and accounting records.
Art. 15. Protection of Personal Data
15.1. The Provider processes personal data as a controller, in compliance with Regulation (EU) 2016/679 (GDPR) and applicable national legislation, for the purposes of creating and administering the Account, providing the Service, collecting payments, providing support and ensuring security.
15.2. For these activities, the Provider works with specialised providers acting as processors, including Clerk (authentication), Stripe (payment processing) and hosting and network security providers.
15.3. Full information on the categories of data, the legal bases for processing, the retention period and the rights of data subjects is set out in the Privacy Policy. These rights may be exercised by a request sent to office@fortrust.ro.
Art. 16. Availability of the Service
16.1. The Service is provided online and requires an internet connection. Optimizations are calculated on the Provider's servers.
16.2. The Provider uses reasonable efforts to ensure the continuous operation of the Service, without guaranteeing uninterrupted or error-free operation. The Service may be interrupted for maintenance, updates, technical incidents, excessive traffic or causes beyond the Provider's control, including outages of internet, hosting, payment or authentication providers.
16.3. Temporary interruptions of the Service shall not give rise to any right to refunds, Subscription extensions or compensation.
16.4. The Provider may modify, add or remove functionalities for the purpose of improving the Service.
Art. 17. Limitation of Liability
17.1. To the extent permitted by law, the Service is provided "as is" and "as available".
17.2. The Provider shall not be liable for indirect damage, loss of profit, loss of revenue, customers, production or data, or for material costs resulting from the use of or inability to use the Service.
17.3. The Provider's total liability towards a User, on any legal basis whatsoever, is limited to the amounts actually paid by that User for the Service in the 3 (three) months preceding the event giving rise to the damage.
17.4. The limitations set out in this article shall not apply where the law prohibits the limitation of liability, in particular for damage caused intentionally or through gross negligence, in accordance with art. 1,355 of the Civil Code.
Art. 18. Force Majeure
18.1. Neither party shall be liable for the non-performance, improper performance or late performance of its obligations where this is caused by force majeure or a fortuitous event, within the meaning of art. 1,351 of the Civil Code, including outages of energy, internet, hosting or payment providers, large-scale cyber attacks, natural disasters or acts of public authorities.
Art. 19. Suspension and Termination of the Contract
19.1. The User may request the closure of the Account at any time by a request sent to office@fortrust.ro. Closure of the Account does not give rise to any right to a refund of amounts already paid.
19.2. The Provider may suspend or close an Account, with or without prior notice, in the event of a breach of this document, fraud, non-payment, abuse or a risk to the security of the Service, without refund of the amounts paid. This clause constitutes a termination clause (pact comisoriu) within the meaning of art. 1,553 of the Civil Code.
19.3. The Provider may discontinue the Service as a whole, subject to at least 30 (thirty) days' prior notice. In such case, the amounts paid for the period not provided shall be refunded pro rata.
Art. 20. Amendment of the Terms and Conditions
20.1. The Provider reserves the right to amend, supplement or update these Terms and Conditions at any time, in whole or in part, without prior notice.
20.2. Amendments shall enter into force on the date the new version is published on the website, which date is indicated therein, and shall apply from that date to all Users, including existing Users.
20.3. The User shall periodically consult the version in force. Continued use of the Service after publication of the new version shall constitute acceptance thereof. A User who does not accept the amendments may cancel the Subscription and stop using the Service at any time.
20.4. By way of exception, any change to the price of the Pro Subscription shall be made exclusively in accordance with art. 8.6–8.10.
20.5. This article applies within the limits permitted by law; the rights conferred on Consumers by mandatory legal provisions remain unaffected.
Art. 21. Communications and Notices
21.1. Communications addressed to the Provider shall be sent to office@fortrust.ro.
21.2. Communications addressed to the User shall be sent to the e-mail address associated with the Account or by messages displayed in the Application, and shall be deemed received on the date of transmission.
Art. 22. Governing Law and Dispute Resolution
22.1. This contract is governed by Romanian law.
22.2. The parties shall seek to settle any dispute amicably. Complaints shall be sent to office@fortrust.ro and shall be answered within no more than 30 (thirty) days.
22.3. Disputes with Professionals shall be settled by the competent courts at the Provider's registered office.
22.4. Consumers may refer to ANPC – National Authority for Consumer Protection (https://anpc.ro) or to alternative dispute resolution entities, in accordance with Government Ordinance no. 38/2015, and retain the right to bring proceedings before the competent courts in accordance with the law.
Art. 23. Final Provisions
23.1. If any provision of this document is declared null or unenforceable, the remaining provisions shall remain valid.
23.2. Failure by the Provider to exercise a right shall not constitute a waiver of that right.
23.3. The User may not assign their rights and obligations without the prior written consent of the Provider.
23.4. These Terms and Conditions, together with the Refund Policy and the Privacy Policy, constitute the entire agreement of the parties regarding the Service.
23.5. This document enters into force on 06.10.2026.
