Terms and Conditions

These Terms and Conditions (the “Terms”) form a binding agreement between Soft Tomato SRL, Trandafirilor, 24, Valea Lupului, Romania, 53271213 / RO54813789 (“Lescut”, “we”, “us”) and the organization that registers for or uses the Lescut service (the “Customer”, “you”). The person accepting these Terms confirms that they have authority to bind the Customer. The Service is offered only to businesses and professionals, not to consumers.

Schedule 1 (Data Processing Terms) forms part of these Terms. If they conflict, Schedule 1 prevails for the processing of personal data, and these Terms prevail for everything else.

1. Definitions

• Service: the Lescut website, web application, nesting engine and related support, as made available by us from time to time.
• Organization: the workspace in the Service through which the Customer uses it, with its members, files, jobs and subscription.
• User: a person the Customer allows to access its Organization (owner, admin or member).
• Customer Content: all files and data that Users upload to or create in the Service, including part libraries, patterns, hide scans, defect and grade information, batch and price data, scanner and cutter profiles, job settings, and the layouts, cutting files and reports the Service produces from them.
• Plan: the subscription plan selected by the Customer, with the price and limits shown on our pricing page at the time of purchase.
• Engine minutes: the wall-clock time a job runs on the cloud machine of the Customer’s Plan.
• Confidential Information: as defined in section 9.

2. The Service

Lescut computes nesting layouts for cutting parts from leather hides and textile rolls. Users upload part libraries (DXF or SVG) and hide scans or fabric widths, start jobs, and download cutting files and reports that keep the original layers and curves. Jobs run on cloud machines for up to the time limit chosen by the User or allowed by the Plan.

We may improve, change or retire features. We will not materially reduce the core functionality of a paid Plan during a billing period already paid for; if we must, we will offer a pro-rata refund for the remainder of that period. Features marked “planned” are not part of the Service until released.

3. Accounts and Organizations

1. Users must give accurate registration details, confirm their email address and keep their credentials secret. Accounts are personal and must not be shared.
2. The Customer is responsible for its Users and for all activity in its Organization, and for granting and removing access promptly, including when a User leaves the Customer’s business.
3. Owners and admins can invite and remove members, manage billing and delete the Organization with its Customer Content. Each Organization works in one industry (leather or textile), chosen at onboarding.
4. Tell us without delay at hello@lescut.com if you suspect unauthorized access to an account or Organization.

4. Free trial

Each Organization’s first subscription starts with a 7-day free trial. A payment card is required when the trial starts, and only one trial is allowed per card. During the trial a reduced allowance applies: a fixed number of engine minutes for the whole trial, one job at a time, and jobs of up to 5 minutes. Unless you cancel before the trial ends, the subscription starts and your card is charged when the trial ends. You may also start the paid Plan early, which ends the trial. Engine minutes used during the trial do not count against the first paid month.

5. Plans, fees and payment

1. Plans are billed monthly in advance, in euros, through our payment provider Stripe. Prices exclude VAT and other applicable taxes, which are added where required. The Customer gives a valid VAT number where reverse charge applies.
2. Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time from the billing page; the Plan stays active until the end of the period already paid for.
3. Each Plan includes a monthly quota of engine minutes and limits on parallel jobs, job length, pieces per job and Users. The quota is checked when a job starts, and queued or running jobs reserve the rest of their time limit. Unused minutes do not carry over. There is no overage billing; if you need more, contact us about a larger Plan.
4. Changes between Plans take effect as shown at the time of the change, with any proration calculated by Stripe.
5. Fees are non-refundable except as stated in these Terms or required by law.
6. If a payment fails, Stripe retries it. While a payment is overdue we may prevent new jobs from starting; Customer Content stays available for download.
7. We may change prices with at least 30 days’ notice by email to the Organization owner. Changes apply from the next billing period after the notice period, and you may cancel before they apply.

6. Customer Content

1. Ownership. The Customer keeps all rights, title and interest in Customer Content. Nothing in these Terms transfers ownership of Customer Content or any of the Customer’s designs, patterns or know-how to us.
2. Licence to us. The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service for the Customer, and to comply with law. This licence ends when the Customer Content is deleted, subject to section 15.
3. Where Customer Content goes. Customer Content is stored in Database and file storage region, EU (Frankfurt) and processed only by our own software, running on our hosting, database and job infrastructure, whose providers may not access or use it for their own purposes. It is never sent to our payment, email or bot-protection providers, or to any analytics or advertising service. The table in Schedule 1, section 6, states which providers receive Customer Content.
4. What we do not do. We do not sell Customer Content; disclose it to other customers; use it to train, tune or benchmark machine learning models; publish it; or use it for marketing, including as a case study, without the Customer’s prior written consent.
5. Access by our staff. Our personnel access Customer Content only when needed to: answer a support request in which the Customer asks or agrees that we look at a specific job or file; investigate a security incident, abuse or a fault in the Service; or comply with law. Access is limited to the people who need it, and they are bound by confidentiality obligations.
6. Usage data. We may collect and use technical and usage data about the Service, such as engine minutes, job counts and durations, error logs and performance metrics, to operate, bill, secure and improve the Service. We use such data only in aggregated or de-identified form outside the Customer’s own account, and it never includes the geometry or content of the Customer’s files.
7. Customer warranties. The Customer warrants that it has all rights needed to upload Customer Content and to let us process it under these Terms, and that Customer Content does not infringe third-party rights or break the law.
8. Backups. The Service is not an archive. The Customer is responsible for keeping its own copies of files it needs.

7. Results and the Customer’s responsibility before cutting

Nesting is a search with a time limit. Results depend on the files, settings and time given, and we do not guarantee any particular yield, number of hides, cost or marker length. Layouts are only as accurate as the input: incorrect scans, outlines, defect markings, grades, units, quantities or part options lead to incorrect layouts. The Customer must check every cutting file and layout before cutting material and remains responsible for its production decisions and for material that is cut, in particular where a cutter profile remaps layers.

8. Acceptable use

The Customer and its Users must not:

• use the Service unlawfully, or upload malware, content they have no right to use, or personal data beyond what the Service needs;
• bypass or try to bypass Plan limits, quotas, security controls or trial rules, for example by creating several trials or Organizations to obtain more free use;
• probe, scan or test the vulnerability of the Service, or access data of other customers, without our written permission;
• overload or disrupt the Service, or access it by automated means other than features or APIs we provide for that purpose;
• copy, decompile or reverse engineer the Service or the nesting engine, except as the law expressly allows;
• use the Service to build a competing product, or resell, sublicense or provide it to third parties without our written agreement.

We welcome responsible disclosure of security issues at hello@lescut.com. We will not take action against good-faith research that respects other customers’ data and gives us reasonable time to fix the issue.

9. Confidentiality

1. “Confidential Information” means non-public information one party (the discloser) gives the other (the recipient) in connection with the Service that is marked confidential or that a reasonable person would understand to be confidential. Customer Content is always the Customer’s Confidential Information. Non-public information about the Service, its engine and its pricing is ours.
2. The recipient will use Confidential Information only to perform or exercise its rights under these Terms, protect it with at least the care it uses for its own similar information and never less than reasonable care, and disclose it only to its employees, contractors and subprocessors who need to know it and are bound by obligations at least as protective as these.
3. These obligations do not apply to information that is or becomes public through no fault of the recipient, was lawfully known to the recipient without restriction before disclosure, is lawfully received from a third party without restriction, or is independently developed without use of the discloser’s information.
4. The recipient may disclose Confidential Information where required by law, a court or an authority, after giving the discloser prompt notice where the law allows, so it can seek protection, and disclosing only what is required.
5. These obligations survive the end of these Terms for 5 years, and for trade secrets and Customer Content for as long as they remain confidential.

10. Data protection

For personal data contained in Customer Content and in the Customer’s Organization, the Customer is the controller and we are the processor; Schedule 1 applies. For personal data we process for our own purposes, such as account, billing and website data, we are the controller, and our Privacy Policy applies.

11. Security

We maintain appropriate technical and organizational measures to protect Customer Content against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. They are described in Schedule 1, section 7, and we may update them as long as the overall level of protection is not reduced.

12. Our intellectual property

We and our licensors own the Service, the nesting engine, its software, documentation and branding. Subject to these Terms and payment of fees, we grant the Customer a non-exclusive, non-transferable right during the subscription for its Users to use the Service for the Customer’s internal business purposes. The Customer may use cutting files and reports produced by the Service without restriction, including after the subscription ends. If you send us feedback or suggestions, we may use them without obligation, but not in a way that identifies you or discloses your Confidential Information.

13. Availability, support and maintenance

1. We use reasonable efforts to keep the Service available at all times, except for planned maintenance, which we try to schedule outside European business hours and announce in advance where it may interrupt jobs.
2. The Service depends on hosting, database and compute providers. Outages on their side, and events covered by section 19, may interrupt the Service. A job interrupted by our fault does not consume engine minutes beyond the time it actually ran.
3. Support is given by email and through the contact form. We aim to reply within one business day. Plans with priority support get first place in the support queue. No specific service levels apply unless agreed in writing.

14. Suspension

We may suspend access to the Service, in whole or for specific Users, if reasonably needed to prevent a security threat or harm to the Service or others, if the Customer materially breaches section 8, or if payment is more than 14 days overdue. We will give notice in advance where reasonably possible, limit the suspension to what is necessary, and lift it once the cause is resolved. Suspension does not delete Customer Content.

15. Term, termination and your data at the end

1. These Terms apply from the first use of the Service until the Organization is deleted.
2. The Customer may cancel its subscription at any time, effective at the end of the current billing period, and may delete its Organization at any time.
3. Either party may terminate with immediate effect by written notice if the other materially breaches these Terms and does not remedy the breach within 14 days of notice, or becomes insolvent.
4. After a subscription ends, the Organization and its Customer Content remain available for download, and no new jobs can start, until the Customer deletes the Organization. We may delete an Organization that has had no active subscription for 12 months after giving the owner at least 30 days’ notice by email.
5. When an Organization is deleted, its uploaded files are deleted from storage at once and its records from the database. Residual copies in encrypted backups and provider logs expire within the periods stated in Schedule 1, section 9. On request we confirm the deletion in writing.
6. Sections 6.6, 7, 9, 12, 15, 17, 18 and 21 survive the end of these Terms.

16. Warranties

We warrant that we will provide the Service with reasonable skill and care and that it will perform materially as described on our website. If it does not, the Customer should tell us, and we will try to fix it within a reasonable time; if we cannot, the Customer may terminate and receive a refund of prepaid fees for the remaining period. Apart from this, and to the extent the law allows, the Service is provided “as is”, and we exclude all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.

17. Limitation of liability

1. Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, production, business or goodwill, however caused.
2. We are not liable for loss of material, labour or machine time resulting from cutting files that the Customer did not check before cutting (section 7).
3. Each party’s total liability under or in connection with these Terms in any 12-month period is limited to the fees paid and payable by the Customer in the 12 months before the event giving rise to the claim.
4. For breaches of section 9 (Confidentiality) or of Schedule 1, our total liability is limited to two times the amount in section 17.3, or EUR 10,000, whichever is higher.
5. These limitations do not apply to liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, a Customer’s payment obligations, indemnities under section 18, or any liability that cannot be limited by law.

18. Indemnities

1. We will defend the Customer against third-party claims that the Service, as provided by us, infringes their intellectual property rights, and pay the damages finally awarded or agreed in settlement. If such a claim arises we may modify the Service, obtain a licence, or terminate and refund prepaid fees. This does not apply to claims caused by Customer Content or by use against these Terms.
2. The Customer will defend us against third-party claims arising from Customer Content or from its breach of section 8, and pay the damages finally awarded or agreed in settlement.
3. The indemnified party must notify the other promptly, let it control the defence and settlement (no settlement may impose an obligation on the indemnified party without its consent), and cooperate reasonably.

19. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, epidemics, government action, power or network failures, or outages of third-party providers that are not caused by the affected party. Payment obligations are not excused. If such an event lasts more than 30 days, either party may terminate, and we refund prepaid fees for the remaining period.

20. Changes to these Terms

We may update these Terms. For material changes we will email the Organization owner at least 30 days before they take effect. If the Customer does not agree, it may cancel before that date and receive a pro-rata refund of prepaid fees; continued use after that date means acceptance. Changes required by law may take effect sooner.

21. General

1. Governing law and courts. These Terms are governed by the laws of Romania, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts competent for our registered office have exclusive jurisdiction, unless mandatory law provides otherwise.
2. Notices. We send notices to the email address of the Organization owner. The Customer sends notices to hello@lescut.com. Notices by email are effective on receipt.
3. Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of all or most of its business, with notice to the other party.
4. Subcontracting. We may use subcontractors and subprocessors and remain responsible for their performance under these Terms.
5. Entire agreement. These Terms, with Schedule 1 and any order or agreement signed by both parties, are the entire agreement on their subject. Purchase-order terms or other terms of the Customer do not apply.
6. Severability and waiver. If a provision is invalid, the rest remains in force, and the invalid provision is replaced by a valid one closest to its purpose. A failure to enforce a right is not a waiver of it.
7. Independent parties. The parties are independent contractors. These Terms create no partnership, agency or employment relationship and no rights for third parties.
8. Export and sanctions. The Customer will not use the Service in breach of applicable export-control or sanctions laws.
9. Language. These Terms are written in English. Translations are for convenience; the English version prevails.

Schedule 1: Data Processing Terms

This Schedule is the data processing agreement required by Article 28 of the EU General Data Protection Regulation (“GDPR”) and the UK GDPR. It applies where we process personal data on the Customer’s behalf in providing the Service. Terms such as controller, processor, personal data, processing and personal data breach have the meanings given in the GDPR.

1. Subject matter, nature and purpose

We process personal data contained in Customer Content and in the Customer’s Organization only to provide the Service: storing, parsing and nesting files, running jobs, producing results and reports, and providing support and security.

2. Categories of data and data subjects

• Users of the Organization: names, email addresses, roles, invitation records and activity in the Organization, such as who created a job.
• Any personal data the Customer includes in files, part names, notes, batch or hide labels, such as names of its employees, suppliers or customers. The Service does not need such data and the Customer should keep it to a minimum.
• No special categories of personal data (Article 9 GDPR) are needed or should be uploaded.

3. Duration

For as long as the Organization exists, followed by deletion as set out in section 9 of this Schedule.

4. Instructions

We process personal data only on the Customer’s documented instructions, which are these Terms and the Customer’s use and configuration of the Service, unless the law requires otherwise; in that case we inform the Customer first unless the law forbids it. We tell the Customer if we think an instruction breaks data protection law.

5. Confidentiality of personnel

Everyone we authorize to process personal data is bound by confidentiality obligations and accesses data only as described in section 6.4 of the Terms.

6. Subprocessors

The Customer gives general authorization for us to engage subprocessors. The categories of current subprocessors are listed below; the Customer can obtain the name, location and transfer safeguards of each on request at hello@lescut.com. We will tell the Customer by email at least 30 days before adding or replacing a subprocessor; the Customer may object on reasonable data protection grounds within that period, and if we cannot resolve the objection the Customer may terminate and receive a refund of prepaid fees. We impose data protection obligations on each subprocessor at least as protective as this Schedule and remain liable for them.

7. Security measures

• Encryption of all traffic to and from the Service with TLS, and encryption at rest of the database and file storage by our providers.
• Uploaded files stored in private storage under a separate folder per Organization; upload permissions are issued only for the signed-in Organization’s own folder, and files are served only to its signed-in members.
• Every database read and delete is scoped to the Organization; one customer cannot address another customer’s data.
• Passwords stored only as salted hashes; email verification for new accounts; bot protection on sign-up and sign-in; signed, expiring session cookies.
• Nesting jobs run in isolated, short-lived containers that receive only the geometry the job needs; job callbacks are authenticated with per-job signatures.
• Production access limited to the few people who operate the Service, with individual accounts and multi-factor authentication on our provider consoles.
• Providers chosen for their own security programmes (for example ISO 27001 or SOC 2 reports), with data processing agreements in place.
• Automated backups of the database by our provider, and dependency and security updates applied regularly.

8. Assistance, breaches and audits

1. We assist the Customer, taking into account the nature of the processing, with requests from data subjects, data protection impact assessments and prior consultations, and with its security obligations. Most requests can be handled in the Service itself; others we handle at hello@lescut.com.
2. We notify the Customer without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting its data, with the information the Customer needs to meet its own notification obligations, and we take reasonable steps to contain and remedy it.
3. We make available the information needed to demonstrate compliance with this Schedule. The Customer may audit our compliance, at most once a year and with 30 days’ notice, by written questionnaire or, if that is not enough or an authority requires it, by an independent auditor bound by confidentiality, during business hours and at the Customer’s cost. Audits of our subprocessors are satisfied by their certifications and reports.

9. Return and deletion

The Customer can download its Customer Content at any time while the Organization exists. When the Organization is deleted, we delete uploaded files at once and database records without delay. Residual copies in encrypted database backups expire within 30 days, and job data held by our compute provider within its log retention period of no more than 30 days, unless the law requires us to keep them.

10. International transfers

Customer Content is stored in Database and file storage region, EU (Frankfurt). Where a subprocessor processes personal data outside the European Economic Area or the United Kingdom, the transfer is covered by an adequacy decision (including the EU–US Data Privacy Framework for certified providers) or by the European Commission’s Standard Contractual Clauses with supplementary measures where needed.