Last update on 29 Jan 2026

Terms & Conditions

1. Scope of Application
1.1
These Terms & Conditions govern the contractual relationship between the customer (“Customer”) and Brandhow S.R.L., acting under the brand X-VISA (hereinafter referred to as “X-VISA”), regarding the provision of the OPTIMA platform and related digital services (the “Services”).
These Terms apply exclusively unless amended by a written agreement between the parties. Product descriptions, platform documentation, and, where applicable, service level agreements (SLAs) form an integral part of these Terms & Conditions.
1.2
These Terms apply exclusively to entrepreneurs, legal entities under public law, or special funds. Consumer protection regulations do not apply.
1.3
Any terms and conditions of the Customer shall not apply, even if X-VISA does not expressly object to them. Deviating terms shall only apply if expressly acknowledged in writing by X-VISA.
1.4
X-VISA reserves the right to amend these Terms & Conditions for justified reasons, in particular due to changes in law, regulatory requirements, or platform developments. Amendments will be communicated electronically. If the Customer does not object within fourteen (14) days of notification, the amended Terms shall be deemed accepted. The Customer will be informed of this consequence.
1.5
These Terms & Conditions shall also apply to all future transactions of the same nature in their version valid at the time of the most recent contract conclusion.2. Conclusion of Contract
2.1
The presentation of the Services on the X-VISA website or platform does not constitute a binding offer. The Customer’s order constitutes a binding offer. A contract is concluded upon written order confirmation or, at the latest, upon activation of the Services.
2.2
After activation, the Customer may order additional chargeable services, in particular user licenses or modules. X-VISA accepts such orders by issuing an order confirmation.3. Subject Matter of the Contract
3.1
X-VISA provides the Customer with access to the OPTIMA platform via the internet for the duration of the contract. The scope of functionality is defined in the respective product description.
3.2
Unless expressly agreed otherwise, customization, consulting services, or individual adaptations are not owed. The Customer is responsible for maintaining the technical infrastructure required to use the Services, including internet access, hardware, and software.
3.3
Data storage required for platform and workspace data is provided through cloud-based data centers operated by third-party providers.
3.4
X-VISA is entitled to update and further develop the Services, provided that no material disadvantage arises for the Customer. If essential functionalities are discontinued, X-VISA will inform the Customer at least one (1) month in advance. In such case, the Customer may terminate the affected Services with two (2) weeks’ notice, unless an equivalent replacement is provided.
3.5
X-VISA is entitled to engage subcontractors for the provision of the Services.4. Term and Termination
4.1
The contract commences upon activation of the Services.
4.2
The Customer may terminate the contract or individual user licenses with thirty (30) days’ notice to the end of a calendar month, but not before the expiration of any agreed minimum term.
4.3
X-VISA may terminate the contract or individual user licenses with ninety (90) days’ notice to the end of a calendar month, subject to minimum terms.
4.4
Contracts or licenses without a minimum term may be terminated with thirty (30) days’ notice to the end of the month.
4.5
Termination for good cause remains unaffected. Good cause includes, in particular:
• insolvency proceedings over the assets of a party,
• material breach of contractual obligations,
• payment default not remedied within a reasonable period.
4.6
Upon termination, all licenses end at the end of the contractual term. Upon termination of all licenses, the contract ends.
4.7
Termination notices must be submitted electronically to the contact address provided by X-VISA.
4.8
Upon termination, access to the Customer account will be blocked. The Customer is responsible for exporting its data in a timely manner. All data will be permanently deleted thirty (30) days after contract termination.5. Availability
5.1
X-VISA provides an average annual availability of 99.9%.
5.2
Planned maintenance, updates, or technical measures may result in temporary service interruptions where technically necessary. Planned downtime will be announced at least seven (7) days in advance where possible.
5.3
Downtime caused by the Customer, its users, or third parties attributable to the Customer shall be excluded from availability calculations.6. Support
6.1
Support is provided via electronic communication channels as specified by X-VISA.
6.2
Response times depend on the complexity of the request.
6.3
Enhanced support services may be offered subject to separate agreement.7. Workspace and Authorized Users
7.1
Upon activation, the Customer is assigned a digital workspace enabling access to the Services.
7.2
The Customer may create and manage user licenses and invite authorized users.
7.3
The Customer is responsible for ensuring the accuracy and currency of all user data.8. Workspace Data
8.1
The Customer and its authorized users may submit data and content to the platform (“Workspace Data”).
8.2
The Customer warrants that it is entitled to use such data.
8.3
Ownership of Workspace Data remains with the Customer.
8.4
The Customer grants X-VISA the right to process Workspace Data solely to the extent necessary to provide the Services.9. Customer Obligations
The Customer shall:
• comply with all applicable laws and regulations,
• prevent unauthorized access,
• ensure data backup prior to submission,
• indemnify X-VISA against third-party claims resulting from unlawful use.10. Pricing and Payment
10.1
Fees are payable in the agreed currency, plus applicable taxes.
10.2
Invoices are issued periodically and payable within seven (7) days of receipt unless otherwise agreed.
10.3
Invoices are provided electronically.
10.4
The Customer bears all costs associated with payment processing.11. Warranty
X-VISA warrants that the Services substantially conform to the recognized state of the art and the applicable product description.
Minor deviations that do not materially impair usability do not constitute defects.12. Liability
12.1
X-VISA is liable without limitation for intent and gross negligence.
12.2
In cases of slight negligence, liability is limited to foreseeable damages arising from breach of essential contractual obligations.
12.3
Liability for indirect damages, loss of profit, or consequential loss is excluded to the extent permitted by law.13. Force Majeure
Neither party shall be liable for failure or delay in performance due to force majeure events beyond reasonable control.14. Intellectual Property Rights
All intellectual property rights in the Services remain with X-VISA. The Customer receives a non-exclusive, non-transferable right of use for the duration of the contract.15. Data Protection and Confidentiality
15.1
Personal data is processed in accordance with applicable data protection laws. Details are governed by the Privacy Policy and, where applicable, a data processing agreement.
15.2
Both parties shall maintain confidentiality beyond termination of the contract.16. References
X-VISA may name the Customer as a reference client unless the Customer objects in writing.17. Assignment and Set-Off
Rights and obligations may only be assigned with prior written consent. Set-off is permitted only with undisputed or legally established claims.18. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of Romania, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction shall be the registered seat of Brandhow S.R.L., unless mandatory law provides otherwise.19. Final Provisions
If any provision is held invalid, the remaining provisions remain unaffected.