Terms of Service (beta)

Beta programme — special terms

This is a beta version of the Platform. It is made available for testing and evaluation, before its commercial launch, so that we can validate its functioning and collect feedback. The special terms in this section apply to the beta version in addition to the Terms of Service below and prevail over them where they differ.

• Free of charge, no real payments. Access to the beta version is free. Where the Platform shows prices, plans or checkout flows, they are simulated for testing: no real payment is made and no amount is charged, and any "purchase" made on the beta version creates no right to a paid service.
• Unfinished software. The beta version may contain errors, incomplete or missing features, and may behave unexpectedly. Features may be added, changed or removed at any time without notice.
• Data may be lost. The beta environment may be reset, restored from an earlier state or cleared at any time, with or without notice. Do not use the beta version for data you cannot afford to lose, and keep your own copies of anything important. Accounts and data of the beta version may be migrated to the production version of the Platform, in whole or in part, depending on technical feasibility and solely at the Operator's discretion; no migration is promised.
• No service level, no support obligation. The beta version may be unavailable at any time, for any duration. We are not obliged to provide support, maintenance, updates or fixes, although we welcome your reports through the support tickets.
• Feedback. Any suggestion, report or idea you send us about the beta version may be used freely by the Operator to improve the Platform, without any obligation towards you.
• No reliance, no liability. The beta version is provided "as is", without any warranty of any kind, and you use it at your own risk. To the fullest extent permitted by law, the Operator accepts no liability whatsoever for any loss or damage arising from the use of, or the inability to use, the beta version, including loss of data; the liability limit of 1 (one) EUR stated in the Terms of Service applies to any liability that the law does not allow us to exclude.
• Personal data. Personal data processed on the beta version is protected as described in the Privacy Policy and the Data Processing Notice. Please use test data wherever possible, and do not upload personal data of others that you have no right to process.
• End of the beta. We may end the beta programme at any time. At its end, the beta environment may be closed and its data deleted, subject to the migration option above.

1. Who we are and what this document is

These Terms of Service (the "Terms") govern the use of the online platform dunDesk (the "Platform"), operated by Simplix QWERTY S.R.L., a company registered under no. J10/25/2017, tax identification no. 36902772, with its registered office at Str. Școlii 64A, Pleșești, com. Berca, jud. Buzău, România (the "Operator", "we", "us"). You can reach us at contact@simplix.ro or, once you have an account, through the support tickets inside the Platform.

The Terms are a binding agreement between you and the Operator. By creating an account, by accepting them where the Platform asks you to, or by using the Platform, you confirm that you have read and agree to them. If you do not agree, do not use the Platform.

Definitions used below: a User is any person who uses the Platform; an Account is the personal access created for a User; a Workspace is an organisation (a company, a school, a team or another group) created inside the Platform and administered by its owners, with its members; Content is any information, file, text or other material that Users upload or create on the Platform; a Consumer is a natural person acting for purposes outside their trade, business or profession.

2. Changes to the Terms

We may update the Terms when the Platform, the law or our services change. Each version is numbered and dated. When a change requires your renewed acceptance, the Platform asks for it at your next sign-in and you cannot continue before accepting; otherwise the new version applies from its publication and your continued use means acceptance. The version you accepted, with its date and content, is available at any time from your profile page.

3. Your Account

• You must provide accurate information when registering and keep it current. An Account is personal: one person, one Account, and you may not share your credentials or let anyone else use it.
• You are responsible for keeping your password secret and for everything done through your Account. Tell us at once, through a support ticket, if you suspect unauthorised access.
• Workspaces are created and administered by their owners. An owner decides who is a member, what each member may do, and answers for the Workspace's use of the Platform. Invitations are sent to e-mail addresses; accepting one makes you a member of that Workspace under the owner's administration.
• We may refuse, suspend or close an Account that breaches these Terms, that we reasonably believe is used fraudulently or abusively, or where the law requires it. Where feasible we notify you and give you the chance to remedy the breach first.

4. Eligibility and minors

The Platform does not set a minimum age for use: some services offered through it are addressed to pupils and students. However, paid services may be purchased only by adults (persons of at least 18 years) or, for a minor, by and with the consent of the minor's parent or legal guardian, who is then the party to the purchase. By making a payment you confirm that you are of age, or that you are the parent or legal guardian of the minor who will benefit from the service, or that you act with their consent.

Where a Workspace enrols minors (for instance a school enrolling its pupils), the Workspace owner is responsible for having the authority and the consents the law requires for doing so.

5. Acceptable use

You agree to use the Platform lawfully and in accordance with these Terms. In particular you will not:

• upload, publish or transmit Content that is unlawful, infringes the rights of others, is defamatory, harassing, obscene or contains malicious code;
• attempt to gain unauthorised access to the Platform, other Accounts, Workspaces or data, probe or circumvent its security, or interfere with its operation;
• scrape, crawl or extract data from the Platform by automated means, reverse-engineer it, or use it to build a competing service;
• send unsolicited messages, impersonate others, or misuse the Platform's communication features;
• use the Platform in a way that places an unreasonable load on it or damages the experience of other Users.

We may remove Content and suspend access when we reasonably believe this section is breached, and we will cooperate with the authorities where the law requires it.

6. Your Content

You keep every right you hold in your Content. You grant the Operator a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, display and technically process your Content solely to provide, secure, maintain and improve the Platform for you and for the Workspaces you are a member of. This licence ends when the Content is deleted from the Platform, except for backup copies kept for a limited time and Content that other Users have lawfully received.

You are responsible for your Content: for having the right to upload it and to share it as you do, and for its accuracy and legality. We do not monitor Content systematically, but we may review and remove Content that breaches the Terms or the law.

7. Paid services

• Plans and prices. Some services are paid, as plans, one-time purchases or prepaid periods. The price, currency, what is included and the billing period are shown before you pay. Prices for Consumers include VAT where applicable; prices for businesses are shown as stated on the checkout page.
• Payment. Payments are processed by our payment provider (currently Stripe); the Operator never stores your full card details. By paying you authorise the charge for the plan you chose and, for recurring plans, the renewal charges described at purchase.
• Subscriptions and renewals. A subscription renews at the end of each period as stated at purchase: either automatically charged, or extended by a further prepaid payment made by you. You can cancel at any time from the Platform; the cancellation takes effect at the end of the current paid period, which you keep in full. We do not refund the unused part of a period, except where the law grants you a right to it.
• Changes of plan. Where the Platform offers it, you may change your plan; the terms of the change (immediate with the remaining value credited, or at the end of the period) are shown when you make it.
• Non-payment. If a payment fails or is not made when due, we may restrict or suspend the paid features after notifying you, and end the subscription if the payment is not remedied.
• Price changes. We may change prices for future periods with at least 30 days' notice given through the Platform or by e-mail; the new price applies from the next renewal after the notice. If you do not agree, cancel before the renewal.
• Invoices and receipts are made available inside the Platform or sent by e-mail.

8. Right of withdrawal (Consumers)

If you are a Consumer, you have the legal right to withdraw from a distance contract within 14 days from its conclusion without giving any reason, by notifying us through a support ticket or at contact@simplix.ro. Please note that:

• where the service starts, or the digital content is delivered, during the withdrawal period at your express request and with your acknowledgement that you thereby lose the right of withdrawal, the right is lost once the delivery has begun or is complete;
• where the service has partly been provided before you withdraw, you owe the proportional part of the price;
• subscription renewals are not new contracts for the purpose of the withdrawal right.

Businesses and Workspaces acting for professional purposes have no right of withdrawal.

9. Availability and changes to the Platform

We work to keep the Platform available and secure, but we do not guarantee that it will be uninterrupted or error-free. Maintenance, updates, outages of third-party providers and events outside our control may cause temporary interruptions. We may add, change or discontinue features; for a paid feature that is discontinued during a paid period, we will refund the proportional part of the price or offer an equivalent, at our choice.

10. Intellectual property

The Platform, its software, design, texts, trademarks and other materials belong to the Operator or its licensors and are protected by law. These Terms grant you only a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose. Nothing here transfers any intellectual property right to you.

11. Third-party services

The Platform relies on third-party providers, among them Stripe (payments), Cloudflare (content delivery and file storage) and GetStream.io (real-time features). Their services are subject to their own terms; we choose providers that offer appropriate guarantees, but we are not responsible for their independent conduct. Links to third-party websites are provided for convenience only.

12. Termination

• By you. You may stop using the Platform at any time and delete your Account from your profile page. Deletion is confirmed with a code, followed by a short grace period during which you may cancel it; after that your personal data is deleted or anonymised automatically, as described in the Privacy Policy. A Workspace with payment history is kept in anonymised form for as long as accounting law requires.
• By us. We may terminate the agreement if you seriously or repeatedly breach the Terms, if the law requires it, or if we discontinue the Platform, in the latter case with at least 30 days' notice and a refund of any prepaid unused period.
• Termination ends your right to use the Platform. Sections that by their nature survive (Content licence for lawfully received Content, liability, governing law) continue to apply.

13. Warranties

To the extent permitted by law, the Platform is provided "as is" and "as available". We do not warrant that it will meet your specific requirements or that Content created by Users is accurate or lawful. Consumers keep every warranty and remedy that mandatory law grants them; nothing in these Terms limits those rights.

14. Limitation of liability

To the fullest extent permitted by applicable law:

• the Operator is not liable for indirect or consequential loss, loss of profit, loss of data caused by your own actions or by third parties, or damage resulting from the unavailability of the Platform, from Content created by Users, or from the acts of third-party providers;
• the Operator's total aggregate liability towards you for all claims arising from or in connection with the Platform and these Terms is limited to 1 (one) EUR.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the applicable law, in particular liability for intent or gross negligence, for death or personal injury, or the rights that mandatory consumer-protection law grants to Consumers.

15. Indemnity (business Users)

If you use the Platform for professional purposes, you will indemnify the Operator against claims by third parties arising from your Content, your breach of these Terms or your unlawful use of the Platform, including reasonable legal costs.

16. Governing law and disputes

These Terms are governed by the laws of Romania. Any dispute that cannot be settled amicably is submitted to the competent courts of Buzău, Romania. If you are a Consumer, you also keep the protection of the mandatory rules of the country where you reside, and you may address the competent consumer-protection authority; Consumers in the European Union may also use the online dispute resolution platform of the European Commission.

Before any legal action, please contact us through a support ticket: most issues can be solved quickly and directly.

17. Miscellaneous

• If any provision of these Terms is found invalid, the remaining provisions stay in force and the invalid provision is replaced by a valid one closest to its purpose.
• You may not assign your rights under these Terms without our consent; we may assign them to a successor of the Platform, informing you.
• Our failure to enforce a provision is not a waiver of it.
• These Terms, together with the Privacy Policy and the Data Processing Notice, are the entire agreement regarding the Platform.
• The Terms are provided in several languages for convenience; in case of any conflict, the English version prevails.

18. Contact

Simplix QWERTY S.R.L., Str. Școlii 64A, Pleșești, com. Berca, jud. Buzău, România, registered under no. J10/25/2017, tax identification no. 36902772. E-mail: contact@simplix.ro. Signed-in Users: the support tickets inside the Platform are the fastest way to reach us.