Terms of Service

1. Acceptance of Terms

By accessing or using Nestpact ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These Terms apply alongside our Privacy Policy, which explains how we handle personal data.

2. Description of Service

Nestpact is a web-based DXF nesting and inspection tool. The Service lets you:

• Upload DXF files for material sheets and parts, or define a sheet by manual dimensions.
• Run an automated nesting optimizer that arranges parts on the sheet.
• Adjust the result by hand (drag, rotate, duplicate, mark no-cut zones, measure with the ruler).
• Run the DXF Health Checker on a file and apply automated fixes.
• Download the resulting layout as a DXF file.

The Service is currently in beta. Features, limits, and performance characteristics may change without notice. Pricing terms for any future paid tier will be presented separately before you are charged.

3. User Responsibilities

• You are solely responsible for verifying the accuracy of nesting results in a third-party CAM or simulation software before physical cutting. Nestpact is a layout tool, not a machine-control or simulation system.
• You must have the legal right to upload any file you submit to the Service.
• You must not upload files containing malware, executable code, or illegal content.
• You must not abuse the Service through automated scripts, scraping, excessive requests, or denial-of-service attempts.
• If you create an account, you are responsible for keeping your credentials confidential and for every action taken under your account. Notify us immediately if you suspect unauthorized access.

4. File and Data Handling

4.1 Anonymous and incognito jobs

• If you use the Service without signing in, or if you mark a job as "incognito", uploaded DXF files and the resulting layout are deleted automatically as soon as the job ends (whether it succeeds, fails, or is cancelled).
• No history of an anonymous or incognito job is kept after it ends.

4.2 Account-owned jobs

• If you are signed in and have not marked the job as incognito, your uploaded files and the job record are stored in our database so you can revisit the layout from your job history.
• You can delete any individual job, or all of your jobs, from the account page at any time. Deleting a job removes the underlying material and part files from our servers, provided they are not referenced by another job you own.
• We do not claim any ownership over files you upload. You retain all rights to your designs at all times.

4.3 General

• All file transmission uses HTTPS.
• For the full list of personal data we collect, how long we keep it, and your rights under GDPR, see the Privacy Policy.

5. User Accounts

• An account requires a valid email address and a password. Both are bound to a single user.
• You may close your account and request deletion of associated data at any time by emailing nestpact@gmail.com. Account deletion cascades to your saved jobs, materials, and parts on our servers.
• We may suspend or terminate an account that violates these Terms, abuses the Service, or remains inactive for an extended period after notice.
• GDPR rights (access, rectification, erasure, portability, objection, restriction) are described in the Privacy Policy.

6. Payments, Subscriptions and Refunds

Some features require a paid subscription. Paid plans are billed through our third-party payment processor (Lemon Squeezy), which acts as merchant of record and handles card processing, invoicing and applicable taxes. We do not receive or store your full card details.

• Subscriptions renew automatically for the billing period you selected (for example, monthly or yearly) until you cancel. By subscribing you authorize the recurring charge.
• You can cancel at any time from the customer portal or by emailing nestpact@gmail.com. Cancellation stops future renewals. Access to paid features continues until the end of the period you have already paid for.
• Except where required by the mandatory consumer law of your country of residence, payments are non-refundable and partial periods are not pro-rated. Where a refund is legally required or granted at our discretion, it is limited to the amount actually paid.
• We may change plan pricing or the features included in a plan. Price changes apply from your next billing period, and where reasonably possible we will notify you in advance. Continuing to use a paid plan after a change takes effect constitutes acceptance of the new price.
• Quotas, rate limits and feature access are tied to your active plan and may change as plans evolve. Failure to pay (for example, a declined renewal) may result in suspension or downgrade of paid features.

7. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Accuracy or optimality of nesting results.
• Fitness for a particular purpose or material type.
• Uninterrupted or error-free operation.
• Compatibility with specific CNC machines or downstream software.

Nesting results are algorithmic approximations. The Service does not guarantee optimal material utilization. Always verify a result before cutting.

8. Limitation of Liability

To the maximum extent permitted by law, Nestpact and its operators shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from:

• Use of, or inability to use, the Service.
• Inaccurate nesting results leading to material waste or defective cuts.
• Loss of uploaded files or job history.
• Service downtime or interruptions.

You assume full responsibility for any material, equipment, or financial loss resulting from the use of nesting outputs.

To the fullest extent permitted by law, our total liability for any claims arising under or in connection with these Terms is limited to the amount you paid us to use the Service in the twelve months preceding the claim. Where no fee was paid, our total liability is limited to supplying you the Service again at our discretion.

Nothing in these Terms limits liability that cannot be excluded under the consumer law of your country of residence.

9. Indemnification

You agree to indemnify, defend and hold harmless Nestpact and its operators from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or connected with:

• The files you upload, including any infringement of intellectual property or other rights of a third party.
• Your use of nesting outputs, including any physical cutting, fabrication or downstream manufacturing decision.
• Your breach of these Terms or your violation of any applicable law.

This obligation survives termination of your account and these Terms. Nothing in this section requires you to indemnify us for our own gross negligence, wilful misconduct, or any liability that cannot be excluded under applicable law.

10. Intellectual Property

The Nestpact name, logo, and software are owned by the Nestpact operators. You may not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Service without prior written permission. Your uploaded files and the designs they contain remain your property at all times. Using the Service does not grant you any license to our brand, code, or trademarks beyond ordinary use of the Service itself.

11. Service Availability and Changes

We strive to keep the Service available but do not guarantee uptime, throughput, or response time. The Service is in beta and we may modify, suspend, or discontinue any part of it at any time. We may also limit usage or block access for users who abuse the Service or violate these Terms. Where reasonably possible we will notify registered users of significant changes in advance.

12. Modifications to These Terms

We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date and, where reasonable, communicated to registered users by email. Continued use of the Service after the updated date constitutes acceptance of the revised Terms. If you do not agree with a revision, stop using the Service before it takes effect.

13. Governing Law and Disputes

These Terms are governed by the law of the country in which the Service operator is established, without regard to its conflict-of-law rules. Any dispute arising from or related to these Terms or the Service is subject to the exclusive jurisdiction of the courts of that country.

If you are a consumer resident in the European Union, this clause does not deprive you of the mandatory consumer protections of your country of residence, and you may bring a claim in the courts of your home country where local law allows.

14. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect, and the unenforceable provision is to be replaced by an enforceable one that comes closest to the original intent.

These Terms together with the Privacy Policy constitute the entire agreement between you and Nestpact regarding the Service, and supersede any prior representations or agreements on the same subject.

15. Contact

For questions about these Terms, contact us at nestpact@gmail.com.