Terms and Conditions

Last updated: November 17, 2024

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the ROSMS service ("Service"), operated by TDACRM Solutions SRL ("Company", "we", "us", "our").

By installing, accessing, or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Service.

2. Service Description

ROSMS is a Bitrix24 integration application that enables users to send SMS messages directly from their Bitrix24 CRM platform using Romanian SMS providers.

Service includes:

  • SMS sending functionality from Bitrix24 entities (deals, leads, contacts, companies)
  • Credit management system with multiple purchase packages
  • Delivery tracking and status reporting
  • Integration with Romanian SMS providers (NetGSM, others)
  • 100 free SMS credits upon initial installation

3. User Eligibility and Account Requirements

To use our Service, you must:

  • Have an active Bitrix24 account (any plan: Free, Professional, or Enterprise)
  • Be at least 18 years old or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

4. Credits and Pricing

4.1. Free Trial Credits

Upon installing ROSMS, you will receive 100 free SMS credits for testing and evaluation purposes. These credits are valid for 90 days from installation and cannot be refunded or transferred.

4.2. Credit Packages

After using your free credits, you may purchase additional credits:

  • Standard Package: 200 credits at €0.04/SMS (€8 total)
  • Medium Package: 500 credits at €0.04/SMS (€20 total)
  • Large Package: 1000 credits at €0.04/SMS (€40 total)
  • Enterprise: Custom pricing for 5000+ credits (contact sales)

4.3. Credit Terms

  • Credits do not expire once purchased (except free trial credits)
  • 1 credit = 1 SMS message up to 160 characters
  • Messages longer than 160 characters consume multiple credits (1 per 153 characters)
  • Credits are non-refundable except as required by applicable law
  • Credits are non-transferable between accounts

5. Payment Terms

Accepted Payment Methods: Credit cards, debit cards, and other methods supported by our payment processors (Stripe, PayPal).

Currency: All prices are quoted and charged in EUR (Euro).

Taxes: Prices include applicable Romanian VAT. EU businesses with a valid VAT number may apply for reverse charge mechanism.

Invoicing: Invoices are generated automatically and sent to your registered email within 24 hours of payment.

Failed Payments: If payment fails, we will notify you and may suspend service until payment is resolved.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You must not:

  • Send spam, unsolicited marketing messages, or violate anti-spam laws
  • Send messages containing illegal content, threats, harassment, or hate speech
  • Violate any applicable telecommunications regulations
  • Impersonate others or misrepresent your identity
  • Send messages to individuals who have not consented to receive them
  • Use the Service to facilitate fraud or other illegal activities
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots) to abuse the Service

Violation of this policy may result in immediate account termination without refund.

7. Service Availability and Limitations

Uptime Target: We aim for 99.9% service availability, but we do not guarantee uninterrupted access.

Maintenance: We may perform scheduled maintenance with prior notice. Emergency maintenance may occur without notice.

Rate Limits: To prevent abuse, we may implement rate limits on SMS sending (e.g., maximum messages per hour).

Third-Party Dependencies: Service functionality depends on Bitrix24 and SMS provider availability. We are not liable for their downtime.

8. Delivery and Delivery Failures

Delivery Guarantee: While we strive for reliable delivery, we cannot guarantee that all messages will be delivered due to factors beyond our control (recipient phone status, network issues, carrier filtering).

Credits for Failed Deliveries: Credits are consumed when messages are sent to the SMS provider. Failed deliveries (hard failures) may be credited back at our discretion upon investigation.

Invalid Numbers: Messages sent to invalid or disconnected numbers will consume credits and are non-refundable.

9. Intellectual Property Rights

All content, features, and functionality of the Service (including but not limited to software, text, graphics, logos, icons, images) are the exclusive property of TDACRM Solutions SRL and are protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited license to use the Service, but you do not acquire any ownership rights. You may not copy, modify, distribute, sell, or lease any part of the Service.

10. User Data and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection, use, and disclosure of your data as described in the Privacy Policy.

You are responsible for ensuring that you have obtained proper consent from SMS recipients before sending them messages through our Service, in compliance with GDPR and applicable data protection laws.

11. Warranties and Disclaimers

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

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of uninterrupted or error-free operation
  • Warranties regarding the accuracy or reliability of content
  • Warranties that defects will be corrected

We do not warrant that the Service will meet your requirements or that results obtained from use will be accurate or reliable.

12. 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, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Loss of goodwill or reputation
  • Cost of substitute services

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or €100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless TDACRM Solutions SRL and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, including privacy or intellectual property rights, or (d) any content you send through the Service.

14. Termination

14.1. Termination by You

You may terminate your account at any time by uninstalling the application from Bitrix24 or contacting support. Unused credits will be forfeited without refund.

14.2. Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • Your account is involved in fraudulent or illegal activity
  • We are required to do so by law
  • Continued provision of Service would cause harm to us or others

14.3. Effects of Termination

Upon termination, your right to use the Service will cease immediately. Any unused credits will be forfeited. Sections of these Terms that by their nature should survive termination shall survive (including liability limitations, indemnification, and dispute resolution).

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through a notice in the Service at least 30 days before the changes take effect.

Continued use of the Service after changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

Jurisdiction: Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Bucharest, Romania.

Alternative Dispute Resolution: For EU residents, you may also have the right to use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

17. Miscellaneous

17.1. Entire Agreement

These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and TDACRM Solutions SRL regarding the Service.

17.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5. Force Majeure

We shall not be liable for any failure to perform our obligations due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Contact Information

For questions about these Terms, please contact us:

TDACRM Solutions SRL
CUI: RO45930062
Reg. Com.: J2022006628406
Address: Str. Ion Câmpineanu nr. 23, Sector 1, București, România
Email: rosms@tdacrm.ro
Support: rosms@tdacrm.ro
Website: https://rosms.tdacrm.ro

By using ROSMS, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.