Terms & Conditions
Version 2.0 — effective 7 June 2026
Last updated: 7 June 2026
1. Introduction & Eligibility
These Terms and Conditions ("Terms") govern the legal agreement between FSGen ("FSGen", "we", "our", or "us") and the business or professional entity placing an order ("Client", "you"). By submitting a project or using the FSGen platform, the Client accepts these Terms in full. These Terms apply to all orders and services unless a separate written agreement expressly overrides them. FSGen services are designed exclusively for businesses, entrepreneurs, and professional users. By accepting these Terms, the Client confirms that: (a) they are acting in a commercial or professional capacity, not as a consumer; (b) they have full legal authority to bind their organisation to these Terms; and (c) all information provided is accurate and complete.
2. Service Description
FSGen delivers bespoke software applications within a fixed two-week delivery window, built on a standardised, production-ready technology stack: • Backend: .NET / C# • Frontend: React, Next.js • Cloud infrastructure: AWS • Database: PostgreSQL or Microsoft SQL Server (Client's choice) • UI Framework: Material UI or Tailwind CSS (Client's choice) • Localisation: English by default; additional languages available No alternative technologies, custom stacks, or hybrid architectures are offered. The Client acknowledges that FSGen's service is intentionally standardised to ensure consistent quality and reliable delivery timelines.
3. Project Evaluation & Scope Definition
FSGen conducts an automated feasibility analysis on all submitted requirements. FSGen reserves the sole and absolute right to accept or decline any project without obligation to provide reasons. Projects outside the service scope include, without limitation: • Enterprise resource planning (ERP) systems built from scratch • Data migration, warehousing, or analytics platforms • Video games or entertainment software • Highly customised or proprietary architectures • Projects with unclear, incomplete, or contradictory requirements • Projects that materially exceed the standard delivery model The approved requirements package produced during onboarding constitutes the binding contractual scope ("Scope"). Only features, screens, and functionalities explicitly described in the approved Scope are included. Anything not expressly stated is excluded. The Scope is fixed upon project acceptance and may not be unilaterally modified.
4. Change Requests
Once a project has commenced, any changes, additions, or enhancements that fall outside the approved Scope are not covered by the agreement and will not be implemented as part of the current project. Changes may be accommodated through: (a) submission of a new project via the FSGen platform; or (b) a separate written agreement signed by both parties. FSGen is under no obligation to accept or accommodate scope changes to a project already in progress. Requests for changes do not affect payment obligations under the original agreement.
5. Delivery & Acceptance
The standard delivery period is fourteen (14) calendar days from the agreed project start date. Delays caused by the Client — including failure to provide required information, credentials, content, brand assets, or timely responses to clarification requests — may extend the delivery date. FSGen will not be liable for delivery delays attributable to Client inaction. Upon completion, the Client will receive a notification and access to download the delivered source code. The Client then has seven (7) calendar days to review the deliverable and raise, in writing, any objection identifying a material deviation from the approved Scope ("Review Period"). A "material deviation" means a failure of the delivered software to substantially perform a feature explicitly described in the approved Scope. Cosmetic differences, minor styling variations, browser rendering nuances, and enhancement requests do not constitute material deviations. If the Client does not raise a written objection within the seven (7) day Review Period, the project is automatically deemed accepted. Project Acceptance — whether explicit or by deemed acceptance — is irrevocable.
6. Pricing & Payment
All projects are delivered at a fixed price, confirmed at the time of project acceptance by FSGen. Indicative pricing published on the FSGen website may change at any time without prior notice; such changes do not affect prices already confirmed for accepted projects. Full payment is required before project work commences. No development begins until payment is received and confirmed. All prices are stated exclusive of applicable taxes unless expressly stated otherwise. The fixed price covers only the delivery of source code as specified in the approved Scope. The following are expressly excluded and are the Client's sole responsibility: • AWS infrastructure and cloud hosting costs • Payment processing provider fees • Email delivery service costs • Domain names and SSL/TLS certificates • External API and third-party service subscriptions • Any ongoing operational or maintenance costs
7. Refund Policy
This refund policy applies exclusively to the Code Generation Service. Consultancy and any other service types are expressly excluded. Client cancellation before payment: if the Client cancels before making payment, no charge applies and no refund is due. Client cancellation after payment, before project start: if the Client cancels after full payment but before the project has commenced (platform status: active), one hundred percent (100%) of the total amount paid will be refunded within 30 to 90 business days to the original payment method. No source code will be delivered and no intellectual property rights are transferred to the Client. Client cancellation after project start, before Project Acceptance: if the Client cancels after work has commenced (platform status: awaiting acceptance), fifty percent (50%) of the total amount paid will be refunded within 30 to 90 business days to the original payment method. No source code will be delivered and no intellectual property rights are transferred to the Client. Cancellation by FSGen: if FSGen cancels the project for any reason solely attributable to FSGen, one hundred percent (100%) of the total amount paid will be refunded within 30 to 90 business days. No source code is transferred. After Project Acceptance: once Project Acceptance has occurred — whether explicit or by deemed acceptance in accordance with the FSGen Terms & Conditions — no refunds are available under any circumstances. All payments are final. Bugs, defects, dissatisfaction with output quality, or change of mind do not entitle the Client to a refund after Project Acceptance. Refunds are processed to the original payment method and in the original currency where technically possible.
8. Intellectual Property
Upon full payment and Project Acceptance, FSGen assigns to the Client full and exclusive ownership of the delivered application source code. The Client may freely use, modify, adapt, redistribute, sublicence, and sell the delivered code without restriction. FSGen expressly retains all ownership and rights in: (a) internal frameworks, scaffolding tools, and build systems; (b) AI agents, prompts, templates, and workflows; (c) reusable component libraries and generic utilities; (d) development methodologies, processes, and know-how; (e) the FSGen platform and its underlying infrastructure. Nothing in these Terms transfers any rights in FSGen's retained intellectual property. Open-source libraries and components incorporated in the delivered code remain subject to their respective open-source licences. The Client assumes full responsibility for compliance with those licences from the date of Project Acceptance. If the project is cancelled before Project Acceptance, no intellectual property is transferred. The Client has no right to retain, access, use, or distribute any partial deliverables.
9. Third-Party Components & Services
The delivered software may incorporate open-source libraries and frameworks. These components remain subject to their original licences (e.g. MIT, Apache 2.0, ISC). A list of major open-source dependencies is available upon written request. The following costs are not included in the project price and are the sole responsibility of the Client: • AWS infrastructure, compute, and storage costs • Payment processing provider fees (e.g. Stripe) • Email delivery service costs (e.g. AWS SES) • Domain registration and SSL/TLS certificate fees • External API subscriptions and usage-based charges • Third-party software licences FSGen accepts no responsibility for failures, outages, pricing changes, API deprecations, or discontinuation of any third-party service or component, whether or not such services are specified in the approved Scope.
10. Limited Warranty
FSGen warrants that the delivered software will substantially conform to the features and behaviours described in the approved Scope as at the date of delivery. Material defects — failures to substantially conform to the approved Scope — reported in writing within thirty (30) calendar days of Project Acceptance will be investigated and remedied by FSGen at no additional charge. This warranty does not cover: • New features or enhancements not included in the approved Scope • Issues caused by modifications made by the Client or any third party after delivery • Third-party service failures, API changes, or infrastructure outages • Browser-specific or device-specific rendering variations not specified in the Scope • Performance or scalability requirements not included in the Scope • Changes requested after Project Acceptance This thirty (30) day limited warranty is the Client's sole and exclusive remedy for defects in the delivered software.
11. AI-Assisted Development
FSGen uses artificial intelligence systems, large language models, and automated software agents as core components of its development process. All AI-generated code and output is subject to review, testing, and validation by qualified software engineers before delivery. Industry-standard testing, code review, and quality assurance practices are applied to all deliverables. Notwithstanding the foregoing, no software — AI-assisted or otherwise — can be guaranteed to be entirely free of defects. By accepting these Terms, the Client acknowledges that AI-assisted development is an integral and disclosed part of the FSGen service and consents to this methodology.
12. Client Responsibilities
The timely and accurate provision of information and materials by the Client is essential to the delivery of the service. The Client is responsible for providing: • Accurate, clear, and complete project requirements • Access credentials to required third-party services • Brand assets, copy, and content • Responses to FSGen clarification requests within two (2) business days • Review and acceptance or rejection of deliverables within the seven (7) day Review Period FSGen is not liable for delivery delays or deficiencies resulting from the Client's failure to provide required materials in a timely manner. Where Client delays materially impact the project schedule, FSGen may reschedule the project or, in cases of prolonged unresponsiveness, treat the delay as a Client cancellation under the refund policy.
13. Data Retention
Rejected or unstarted projects: where a project is rejected during feasibility analysis or the Client does not proceed following submission, all uploaded files and project data will be permanently and irreversibly deleted from FSGen systems within three (3) calendar days. No backup copies are retained. Completed or cancelled projects: temporary project files, documents, communications, and associated data are retained for thirty (30) calendar days following project completion or cancellation. After this period, all data is permanently deleted. Delivered source code: FSGen will make commercially reasonable efforts to maintain download access to delivered source code through the platform. The Client is solely responsible for downloading and independently storing all deliverables. FSGen does not guarantee indefinite availability of download links.
14. Confidentiality & Privacy
FSGen treats all materials, information, and data submitted by the Client as strictly confidential. Confidential information includes, without limitation: project briefs, requirements documents, uploaded files, brand assets, credentials, and business information provided through the platform. FSGen will not disclose confidential Client information to any third party, except: (a) to FSGen personnel and contractors directly involved in delivering the project, each bound by equivalent confidentiality obligations; (b) to cloud infrastructure providers (AWS) used to host and process project data; (c) to AI service providers (including Anthropic) where Client materials are processed solely for feasibility analysis and development, under data processing agreements maintained by FSGen; (d) where required by applicable law or a binding order from a competent authority. FSGen processes personal data in accordance with the GDPR and applicable Portuguese law. Our Privacy Policy provides full details of data processing activities, legal bases, data subject rights, and subprocessors. The Privacy Policy forms part of the agreement between FSGen and the Client.
15. Limitation of Liability
To the maximum extent permitted by law, FSGen shall not be liable for: lost profits or revenue; loss of business, contracts, or goodwill; loss of opportunity or anticipated savings; loss of data; business interruption; or any indirect, special, incidental, punitive, or consequential damages, howsoever arising. FSGen's total aggregate liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by the Client for the specific project giving rise to the claim. Unless expressly included in the approved Scope, FSGen makes no representations or warranties as to: scalability or load capacity; regulatory or industry-specific compliance; accessibility standard certification; security certifications; SEO rankings; specific response times, uptime, or availability; or compatibility with every browser, operating system, or device. Unless separately agreed in writing, FSGen has no obligation to provide, after Project Acceptance, any hosting, infrastructure management, maintenance, monitoring, technical support, or software updates.
16. Prohibited Projects & Termination
FSGen will not deliver software intended to facilitate or promote: • Activities that are illegal under applicable law • Fraud, identity theft, or financial deception • Malware, ransomware, spyware, or harmful software • Unlicensed gambling or betting platforms • Trading in weapons, controlled substances, or prohibited goods • Infringement of third-party intellectual property rights • Content that is defamatory, obscene, or harmful to children FSGen may refuse, suspend, or terminate any project — with or without prior notice — where: (a) requirements materially differ from those accepted; (b) the Client is abusive, acts in bad faith, or makes threats; (c) information provided proves materially false or misleading; (d) the project scope materially exceeds what was agreed and the Client refuses to negotiate a revised agreement. Where FSGen terminates solely due to FSGen's own circumstances, a full refund is provided. Where termination is attributable to the Client's conduct or misrepresentation, the standard refund policy applies.
17. General Provisions
Force Majeure: FSGen shall not be liable for any delay or failure in performance arising from causes beyond its reasonable control, including internet or telecommunications outages, cloud provider failures, natural disasters, acts of government, public health emergencies, or industrial disputes. FSGen will notify the Client promptly and resume performance as soon as reasonably practicable. No Partnership: nothing in these Terms creates any partnership, joint venture, employment relationship, or agency between FSGen and the Client. FSGen acts as an independent contractor. Governing Law & Jurisdiction: these Terms are governed by and construed in accordance with the laws of Portugal. All disputes shall be subject to the exclusive jurisdiction of the competent courts of Portugal. Entire Agreement: these Terms, together with the approved requirements package and any published FSGen policies, constitute the entire agreement between the parties and supersede all prior understandings, representations, and agreements. Amendments: FSGen may revise these Terms from time to time. The current version is always published at fsgen.com/legal/terms. Continued use of the service following publication of revised Terms constitutes acceptance. Contact: FSGen · Portugal · support@fsgen.com · fsgen.com