End User License Agreement
Last updated: November 17, 2024
1. Introduction
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) and TDACRM Solutions SRL("Company", "we", "our") regarding your use of the ROSMS software application ("Software", "Application").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
2. License Grant
Subject to your compliance with the terms of this EULA, TDACRM Solutions SRL grants you a limited, non-transferable, non-exclusive license to use the ROSMS Software in conjunction with the Bitrix24 platform.
The license permits:
- Installation and use of the Software on your Bitrix24 account
- Use of the Software's functionalities as described in the provided documentation
- Receipt of updates and technical support according to service terms
3. Usage Restrictions
You shall not:
- Modify, adapt, translate, or create derivative works based on the Software
- Reverse engineer, decompile, or disassemble the Software
- Remove, alter, or obscure any proprietary notice
- Distribute, rent, lease, or transfer the Software to third parties
- Use the Software for illegal or unauthorized purposes
- Resell or redistribute the Software or its services without our written consent
- Use the Software in a manner that could damage, disable, or compromise our servers
4. Intellectual Property
TDACRM Solutions SRL retains exclusive ownership of the ROSMS Software and all associated intellectual property rights. This license does not transfer any ownership rights in the Software to you.
All trademarks, service marks, logos, and trade names displayed in the Software are the property of TDACRM Solutions SRL or its licensors.
5. Privacy and Data Protection
Use of the Software is subject to our Privacy Policy. We collect and process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
Data we collect:
- Bitrix24 account information necessary for integration
- SMS sending data (phone numbers, message content, delivery status)
- Payment information (processed securely through third-party providers)
- Usage statistics for service improvement
6. Payment and Fees
Free Trial Credits: Upon installation, you will receive 100 free SMS credits for testing purposes.
Pricing: After using the free credits, you can purchase additional SMS credits at the published rates (minimum 200 credits at €0.04/SMS).
Payments: All payments are processed securely through our payment providers. Prices are displayed in EUR and include applicable taxes.
Refunds: Purchased credits are non-refundable except as required by applicable law or in cases of service failure attributable to us.
7. Service Availability and Support
We strive to maintain 99.9% uptime for the Software, but we cannot guarantee uninterrupted service. Scheduled maintenance will be announced in advance.
Technical Support: We provide email support for all users. Response times may vary based on issue complexity and support volume.
Contact: rosms@tdacrm.ro
8. Limitation of Liability
To the maximum extent permitted by applicable law, TDACRM Solutions SRL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claims arising from or related to this EULA shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
9. Warranty Disclaimer
The Software is provided "AS IS" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free.
10. Termination
This EULA is effective until terminated. You may terminate it at any time by uninstalling the Software and ceasing all use.
We may terminate this EULA immediately if you fail to comply with any term of this agreement. Upon termination:
- All rights granted to you under this EULA shall immediately cease
- You must cease all use of the Software
- Unused credits will be forfeited without refund, except as required by law
11. Changes to Terms
We reserve the right to modify this EULA at any time. Material changes will be notified through the Software or by email. Continued use of the Software after such changes constitutes acceptance of the new terms.
12. Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
Any disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts of Bucharest, Romania.
13. Contact Information
TDACRM Solutions SRL
CUI: RO45930062
Reg. Com.: J2022006628406
Str. Ion Câmpineanu nr. 23, Sector 1, București, România
Email: rosms@tdacrm.ro
Website: https://rosms.tdacrm.ro
14. Entire Agreement
This EULA constitutes the entire agreement between you and TDACRM Solutions SRL regarding the Software and supersedes all prior agreements and understandings.
By using ROSMS, you acknowledge that you have read, understood, and agree to be bound by this EULA.