Terms and Conditions

1.1 Welcome to Dr Gento ("Dr Gento", "the Platform", "we", "our", "us"), a digital service providing on-demand Magento troubleshooting, emergency support, analysis, and fixed-price bug fixes.

1.2 Binding Agreement: By accessing the Platform, creating an account, submitting a ticket, purchasing a diagnostic, or approving a quote, you (the "Client", "User") agree to be legally bound by these Terms.

1.3 Corporate Binding: If you are entering into this agreement on behalf of a company or legal entity, you represent that you have the authority to bind such an entity. Acceptance by an employee implies acceptance by the entity.

1.4 Modifications: We may update these Terms at any time. Continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

1.5 Electronic Signatures: You agree that clicking "I Agree," "Purchase," or "Approve Quote" constitutes a binding electronic signature with the same legal force as a handwritten signature.

1.6 If you do not agree with these Terms, you must not use the Platform.

"Platform": The Dr Gento website, dashboard, backend systems, and algorithms.

"Diagnostic": The mandatory paid technical evaluation performed by a Developer to identify the root cause and scope of work.

"Scope": The specific, bounded set of technical actions, tasks, and corrections identified and documented exclusively in the Diagnostic Report prepared by the assigned Developer. The Client's initial description of the issue serves only as contextual input and does not define or limit the Scope. Only the root cause, reproduction steps, fix steps, and required technical interventions confirmed during the Diagnostic constitute the final Scope for the purposes of the Fixed Price Quote, the Fixed Price Guarantee, and all obligations under these Terms. Any work, symptoms, errors, or technical issues not explicitly included in the Diagnostic Report fall outside the Scope and require a separate Ticket and Diagnostic.

"Fixed Quote": A guaranteed price derived from the estimated hours multiplied by the Client's chosen SLA tier hourly rate.

"Fixable": An issue that can be resolved via code or configuration changes within the limitations of the Client's current infrastructure.

"Unfixable": An issue deemed technically impossible to resolve due to external constraints (e.g., encrypted 3rd party code, hosting limitations, end-of-life software, issue on third-party software where Developer doesn't have access to).

"Fix Confirmation": The moment when the Developer marks the fix as completed in the Platform and provides evidence that the reported issue, as defined in the Scope, no longer reproduces under the same conditions identified during the Diagnostic.

"Material Deviation": A discovery that the technical environment differs significantly from what was presented or accessible during Diagnostic (e.g., hidden hacks, obfuscated code).

"Systemic Failure": A widespread failure where the reported bug is a symptom of a larger infrastructure or core integrity collapse.

"Production Environment": The live, public-facing version of the Client's website.

"Credentials": Usernames, passwords, API tokens or any other authentication details provided by the Client.

"Developer": A senior-level, vetted contractor working through Dr Gento to deliver diagnostic and fix services.

"Ticket": A specific, single technical problem submitted through the Platform.

"SLA Tier": The response-time category chosen by the Client (Critical, High, Low).

"Deliverable": Any code, configuration, file, or technical solution applied to the Client's site.

5.1 Acknowledgement: The Client acknowledges that Dr Gento may work directly on the Production Environment to ensure speed and immediate resolution.

5.2 Testing Limitation: Working on Production implies that full regression testing is impossible. The Client accepts that the "Fix" is verified only against the reported issue, not the entire system.

5.3 No Dev/Ops Services: Dr Gento does not provide DevOps services. We do not provide staging setups, CI/CD pipelines, or version control management.

6.1 Access Verification: The Client is solely responsible for ensuring Credentials provided are valid and allow write-access before the SLA timer begins.

6.2 Legal Authority: The Client warrants that providing access to Dr Gento does not violate any third-party contracts (e.g., with their current hosting provider or agency).

6.3 PCI-DSS: The Client is responsible for their own PCI-DSS compliance. Dr Gento Developers will not touch payment gateways unless specifically requested to fix a payment error, and the Client remains the Data Controller.

6.4 GDPR Notices: The Client warrants they have displayed appropriate privacy notices to their customers regarding third-party technical processors.

7.1 No Offsetting: The Client shall not withhold or offset payments against any claims, disputes, or counterclaims.

7.2 Suspension Rights: Dr Gento reserves the right to suspend the Client's account and access to historical tickets immediately if any invoice remains unpaid.

7.3 Currency: All payments are processed in EUR. Dr Gento is not responsible for currency fluctuation or exchange fees charged by the Client's bank.

7.4 Refunds: Refunds are issued only in the specific and limited circumstances expressly set out in these Terms, including but not limited to cases where (i) no Developer could be assigned within the applicable SLA, or (ii) a Fixed Fix Payment is refunded pursuant to Section 3.3.4 (Material Deviation). Except for such expressly stated cases, all payments are non-refundable.

7.5 Refund Hierarchy: In the event of any perceived inconsistency between this Section 7 and any service-specific refund provision elsewhere in these Terms, the service-specific provision shall prevail.

8.1 SLA Definition: The SLA is a response-time target, not a guarantee of resolution time.

8.2 Missed SLA: If Dr Gento misses an SLA response target, the Client is entitled to a service credit equal to the difference in cost between the chosen SLA Tier and the actual tier delivered. SLA credits are a commercial adjustment only and do not constitute a refund or reimbursement of any fees paid. There are no cash refunds for missed SLAs.

8.3 Developer Dependency: The SLA timer pauses if the assigned Developer becomes unavailable due to illness or emergency, at which point the ticket is reassigned.

9.1 Restriction: You agree not to hire, solicit, or pay any Dr Gento Developer outside the Platform for 12 months following your last ticket.

9.2 Proof: You agree that Dr Gento may use IP logs, chat metadata, and platform activity to prove circumvention.

9.3 Developer Obligation: Developers are contractually bound to report solicitation attempts.

9.4 Penalty: A violation results in a €5,000 penalty fee per Developer and immediate account termination. This fee represents estimated damages based on acquisition cost, vetting cost, training, opportunity cost, and loss of platform value.

10.1 Limited Processing: Dr Gento processes data solely for the purpose of technical repair. We do not aggregate, sell, or analyze Client customer data.

10.2 Incidental Access to Personal Data: The Client acknowledges and agrees that, due to the nature of production-environment troubleshooting, Dr Gento and its assigned Developers may incidentally access or view Personal Data, including PII, strictly to the extent necessary to perform the Diagnostic and Fix. The Client remains responsible for determining whether anonymization, masking, or restriction of access is technically feasible prior to granting access. Where anonymization is not feasible, the Client expressly authorizes such limited access for troubleshooting purposes, and Dr Gento shall process such data solely in accordance with the Client's instructions and applicable data protection laws.

10.2(a) Data Minimization Responsibility: The Client confirms that any decision not to anonymize or mask Personal Data prior to granting access is made knowingly and at the Client's sole discretion, based on technical feasibility and business necessity, and does not constitute a breach by Dr Gento or its Developers.

10.3 PCI Liability: Dr Gento explicitly disclaims liability for any credit card data exposed due to the Client's failure to use tokenization or secure payment methods.

10.4 Data Role: Client is Controller; Dr Gento is Processor.

10.5 Processing Authorization: By providing access to a production environment, the Client authorizes Dr Gento and its assigned Developers to view (but not store or transfer) potential Personally Identifiable Information (PII) solely for the purpose of technical troubleshooting.

10.6 Data Residency: Dr Gento stores its own platform data exclusively within the European Union.

10.7 Confidentiality: Dr Gento agrees to treat all Client code, customer data, and trade secrets as strictly confidential.

11.4 Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (excluding payment obligations) where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, nationwide power or internet outages, or other events qualifying as force majeure under applicable law, including the Romanian Civil Code.

12.1 Rights: Dr Gento may terminate or suspend accounts for suspicious activity, security risks, verbal abuse of Developers, or non-payment.

12.2 Audit: We may suspend accounts pending investigation of security breaches.

12.3 Effect: Termination for cause does not entitle the Client to a refund of prepaid fees.

13.1 Upon full payment, the Client owns the specific code fixes and deliverables created for their ticket.

13.2 Dr Gento retains all rights to the Platform, its methodology, pre-existing code libraries, and background technology.

13.3 Client Warranty: The Client warrants they own or have the license to modify all code on their site.

13.4 No Piracy: Dr Gento refuses to work on pirated extensions. If piracy is discovered, work stops immediately, and fees are forfeited.

13.5 Licensing: Dr Gento is not responsible for licensing fees or violations regarding third-party software found on the Client's server.

14.1 Time Limit: Any dispute must be raised within 14 days of the Ticket closure. Claims raised after this period are waived.

14.2 Negotiation: Parties must attempt to resolve disputes via direct email process at legal@drgento.com for 30 days.

14.4 Fees: The prevailing party is entitled to recover reasonable legal fees and costs.

15.1 Jurisdiction: These Terms are governed by and construed in accordance with the laws of Romania (EU).

15.2 International Enforcement: The Client agrees that judgments from Romanian courts or arbitration bodies may be enforced in the Client's local jurisdiction.

16.2 Scope of Indemnification: The Client's indemnification obligations apply regardless of any allegation of negligence in the performance of the services by Dr Gento or its Developers, unless the Client can demonstrate actual gross negligence or intentional misconduct. Ordinary or perceived negligence shall not invalidate, limit, or reduce the Client's indemnification obligations under this Agreement.

18.1 Dr Gento provides technical software support only. No advice provided by Developers or the Platform constitutes legal, tax, financial, or compliance advice.

18.2 Dr Gento is not a security auditor and does not guarantee that the Fix or Diagnostic will identify or remediate security vulnerabilities.

19.1 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

19.2 Entire Agreement: These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements.

19.3 Assignment: You may not assign these Terms without Dr Gento's written consent. Dr Gento may assign these Terms without restriction.

19.4 Notices: Legal notices should be sent to legal@drgento.com. Routine communications will be sent to the email address associated with your account.

19.5 Survival: Sections 5 (Production), 9 (Non-Circumvention), 11 (Liability), 13 (IP), and 16 (Indemnification) shall survive the termination of this agreement.