Terms and Conditions

1. General Information

These Terms and Conditions ("Terms") govern the use of the SendSMS service ("Service") provided by TDACRM Solutions SRL ("we", "our" or "Company").

By installing, accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

2. Service Description

SendSMS is an application for the Bitrix24 platform that allows sending SMS messages to contacts worldwide. The Service includes:

• SMS delivery to 219 countries
• Complete integration with the Bitrix24 portal
• Credit system for billing
• Real-time delivery reports
• Automation through Bitrix24 business rules

3. Accounts and Access

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years old
• Hold a valid Bitrix24 license
• Have the authority to enter into contracts on behalf of your organization
• Comply with all applicable laws in your jurisdiction

3.2 Installation and Configuration

The Service is installed through the Bitrix24 Marketplace and requires permissions for:

• Access to CRM contacts
• Sending HTTP requests to SMS services
• Writing to contact timeline for reports

4. Credit System

4.1 Credit Purchase

The Service operates on a pre-paid credit basis:

• Credits are purchased in packages: €10, €25, €50, €100
• Rates vary depending on destination country (min. €0.01/SMS)
• Credits have no expiration date
• Payments are processed through authorized third-party processors

4.2 Credit Usage

Credits are deducted automatically when sending each SMS according to the rate for the destination country. The exact rate is displayed before confirmation.

4.3 Refunds

Unused credits can be refunded under the following conditions:

• Request is made within 14 days of purchase
• Maximum 10% of credits have been used
• No suspicion of fraudulent use

5. Acceptable Use

5.1 Prohibited Content

Sending SMS messages with the following content is prohibited:

• Spam, phishing or unsolicited mass messages
• Illegal, threatening, abusive or defamatory content
• Violation of intellectual property rights
• Pornographic or violent materials
• Encouragement of illegal activities
• Transmission of malware or malicious code

5.2 Technical Limitations

• Maximum 10,000 SMS per hour per portal
• Maximum length: 1600 characters (10 concatenated SMS)
• Numbers must be in valid international format

5.3 Legal Compliance

The Customer agrees to:

• Comply with direct marketing laws in the recipient's country
• Obtain necessary consent for sending messages
• Comply with GDPR regulations for personal data
• Provide unsubscribe options where necessary

6. Service Warranty and Availability

6.1 Service Level

We commit to providing:

• Minimum availability of 99.5% per month
• Request processing within maximum 30 seconds
• Delivery reports within maximum 24 hours

6.2 Limitations

We do not guarantee:

• 100% delivery of all messages (dependent on operators)
• Specific delivery time (varies by country)
• Permanent availability in all countries

7. Pricing and Billing

7.1 Pricing Structure

• Prices are displayed in EUR including VAT where applicable
• Rates may be updated with 30 days' notice
• Credits purchased remain valid at the rate at the time of purchase

7.2 Billing

• Tax invoices are issued in accordance with Romanian law
• For EU customers with valid VAT numbers, reverse charge applies
• Invoice is sent by email within 3 business days

8. Confidentiality and Security

Protecting your data is our priority. Please see our Privacy Policy for complete details about:

• Types of data collected
• How data is used and protected
• Your GDPR rights
• Security measures implemented

9. Intellectual Property

9.1 Our Rights

The Service and all its components (code, design, documentation) are the exclusive property of TDACRM Solutions SRL and are protected by copyright laws.

9.2 License of Use

We grant you a limited, non-exclusive and revocable license to use the Service in accordance with these Terms.

9.3 Feedback

Any feedback, suggestions or improvements sent to us become our property and may be used without restrictions.

10. Limitation of Liability

10.1 Exclusions

To the extent permitted by law, we are not liable for:

• Indirect, consequential or special damages
• Loss of profit, data or business opportunities
• Interruptions of services from third-party operators
• Actions by local authorities blocking messages

10.2 Limitation of Value

Our total liability is limited to the value of credits used in the last 12 months, but not exceeding €1,000 EUR.

11. Service Termination

11.1 Termination by Customer

• You may uninstall the application at any time from Bitrix24
• Remaining credits can be refunded according to section 4.3

11.2 Termination by Us

We may suspend or terminate access in the following situations:

• Breach of these Terms
• Fraudulent or abusive use
• Non-payment of invoices within 30 days
• Legal or regulatory requirements

12. Modifications to Terms

We reserve the right to modify these Terms with a minimum notice of 30 days through:

• Notification in the Bitrix24 application
• Email to portal administrators
• Posting on the official website

Continued use of the Service after modifications constitutes acceptance of the new terms.

13. Applicable Law and Jurisdiction

These Terms are governed by Romanian law. Any disputes will be resolved through:

1. Direct negotiation - we attempt to resolve amicably within 30 days
2. Mediation - through accredited mediation organizations
3. Competent courts in Bucharest, Romania - for disputes that cannot be resolved through mediation

13.1 Right of Withdrawal (Consumers)

Consumers have the right to withdraw within 14 calendar days of purchasing credits, without penalties and without stating reasons, in accordance with OUG 34/2014.

13.2 Online Dispute Resolution

Consumers can access the Online Dispute Resolution platform (ODR): ec.europa.eu/consumers/odr

14. Contact

For questions about these Terms or about the Service:

15. Final Provisions

If any provision of these Terms is declared void or unenforceable, the other provisions remain in effect. These constitute the entire agreement between the parties regarding the use of the Service.