Terms of service

These terms form a binding agreement between you (“you”) and MOMENTUM TECHNOLOGY ARENA SRL, a company registered in Romania at Strada Caius Marcius Coriolan 29, București (operating the “Cygnean” brand; “we”, “us”).

By accessing or using cygnean.com (the “Site”), submitting an audit form, or scheduling a call, you accept these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Site.

cygnean.com is an informational and marketing website. It describes our web-development, SEO, and PPC services for small and medium-sized businesses, lets you request a free audit, and lets you book an introductory call.

Audit reports, blog posts, case studies, and other content on the Site are provided for informational purposes. They are best-effort analyses based on publicly available data and are not guarantees of future search ranking, lead volume, or revenue.

Engagement-specific terms (deliverables, milestones, fees, payment schedule, intellectual property, term, and termination of the engagement) are set out in a separate master service agreement (“MSA”) executed in writing before any paid work begins. Nothing on the Site constitutes an MSA, an offer to enter into an MSA, or acceptance of one.

You agree not to, and not to permit any third party to:

• Use the Site to transmit unlawful, defamatory, fraudulent, harassing, or infringing content
• Submit content that contains malware, links to phishing sites, or other harmful payloads
• Submit personal data of third parties through any form on the Site without an appropriate lawful basis
• Reverse-engineer, scrape, or otherwise attempt to extract source code or non-public assets from the Site
• Bypass rate limits, authentication controls, or access non-public endpoints
• Use the Site or our communications to compete with us by building a substantially similar offering or training a competing AI model on our outputs
• Use the Site to send spam, run unsolicited bulk outreach using our brand, or violate the CAN-SPAM Act, GDPR Article 21, or equivalent laws

We may suspend access for violations and report unlawful activity to the competent authorities.

The Site, including its software, design, brand assets, copy, and any documentation, is and remains our exclusive property (or that of our licensors). We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Site for evaluating our services. No other rights are granted.

When you submit information through a form on the Site (audit request, booking, message), you grant us a worldwide, non-exclusive, royalty-free licence to process that information solely as necessary to respond to your request and follow up about a potential engagement, in accordance with our Privacy Policy.

You represent that the information you submit is accurate and that you have the rights and lawful bases necessary to submit it.

We aim for high availability but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue parts of the Site for security, legal, or operational reasons.

Third-party-provider outages (hosting, email delivery, scheduling) may temporarily degrade specific features. We make commercially reasonable efforts to mitigate the impact and will not be liable for resulting downtime.

To the maximum extent permitted by applicable law, the Site and any content on it are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.

Our aggregate liability arising out of or relating to the Site or these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed one hundred euro (€100). Liability arising from a paid engagement is governed by the relevant master service agreement and is not limited by this clause.

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or business opportunities, even if advised of their possibility.

Nothing in these Terms limits liability for (i) gross negligence or wilful misconduct, (ii) death or personal injury caused by our negligence, (iii) fraud, or (iv) any other liability that cannot be limited or excluded under applicable law.

You will defend, indemnify, and hold us harmless against third-party claims arising from (a) the content or data you submit through the Site, (b) your use of the Site in breach of these Terms or applicable law, or (c) your infringement of any third-party right. We will notify you of the claim, give you reasonable control of the defence, and cooperate at your cost.

We may suspend or terminate your access to the Site immediately and without notice if you (a) materially breach these Terms, (b) use the Site unlawfully, or (c) put the security or stability of the Site at risk.

Sections that by their nature should survive, including §4 (IP), §5 (your submissions), §7 (liability), §8 (indemnity), §10 (governing law), and §12 (general), survive termination.

These Terms are governed by the laws of Romania, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Subject to mandatory consumer-protection law that grants consumers the right to sue in their country of habitual residence, the courts of Bucharest, Romania have exclusive jurisdiction over any dispute arising from these Terms or the Site.

EU consumers may also use the European Commission's online dispute-resolution platform at ec.europa.eu/consumers/odr.

We may update these Terms when our offering, the law, or operational realities change. Material changes will be surfaced on this page at least 14 days before they take effect, except for changes required to comply with law or address security risks, which may take effect immediately. Continued use of the Site after the effective date constitutes acceptance.

• Entire agreement. These Terms, the Privacy Policy, and any executed master service agreement constitute the entire agreement between you and us regarding the Site and any engagement.
• Severability. If any provision is held invalid or unenforceable, the remainder will continue in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign your rights without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for failures caused by events beyond reasonable control.
• Notices. We send notices to the email address you provided on the Site; you send notices to the contact address below.

Questions about these Terms: hello@cygnean.com. Privacy enquiries: privacy@cygnean.com. Postal correspondence: MOMENTUM TECHNOLOGY ARENA SRL, Strada Caius Marcius Coriolan 29, București, Romania.