Contrat de licence

01

Who this is between

This agreement is between TDACRM SOLUTIONS SRL, a company registered in Romania — we, us — and the organisation that installs MailAnyone on its Bitrix24 portal — you. Our registered details and the address that reaches us are at the foot of this page.

Installing the app, or using it, means accepting these terms. If you accept them for a company, you confirm that you may bind it. MailAnyone is sold to organisations for use in their business: it is not a consumer product, and the consumer right of withdrawal does not apply to it.

02

What the licence gives you

While your trial or your subscription is live, you have a non-exclusive, non-transferable licence to use MailAnyone on one Bitrix24 portal. Inside that portal there is no limit on users: the price is per portal, not per seat.

• One portal per subscription. A second portal needs a second subscription.
• The licence is to use the app as it is offered, through Bitrix24. It grants no rights in the source code.
• You may not resell it, sublicense it, rent it out, or offer it as a service of your own.
• You may not copy, decompile or reverse engineer it, except where the law allows that despite this clause.
• You may not use it to send unsolicited bulk email. It is not built for that, and doing it breaches this agreement as well as the law in most places.

The app, its code, its design and its name stay ours. What you write with it — your messages, your templates, your supplier list — stays yours, and nothing here gives us the right to use it for anything but running the service for you. We will not use your company name or logo as a reference without asking you first.

03

The trial

Every portal gets 7 days from the moment the app is installed, with everything working and without a card. Nothing is charged at the end and nothing renews by itself: if you do nothing, the trial simply expires.

When it expires without a subscription, sending stops. What you already have stays where it is and stays readable — conversations, templates and the supplier list are not deleted because a trial ended.

04

Price and payment

The subscription is $15 a month or $150 a year, in USD, per Bitrix24 portal. The annual plan is ten months' money for twelve months' use.

Payment is taken by Stripe, not through the Bitrix24 Market. You subscribe from the licence screen inside the app, which opens Stripe's own checkout; your card details go to Stripe and never reach our servers. Your invoices and your billing details live in Stripe's billing portal, which the same screen opens.

Prices are exclusive of any tax that applies to you. Whatever is actually charged, including any tax added there, is shown at Stripe's checkout before you confirm. If our prices change, the new price applies from your next renewal and never to a period you have already paid for, and we will tell you before it does.

05

Renewal and cancellation

The subscription renews by itself at the end of each period — monthly or annual, whichever you chose — until you cancel it.

You cancel in Stripe's billing portal, reached from the licence screen in the app. Cancellation takes effect at the end of the period you have already paid for: cancel on the second day of a month you have paid for and the app keeps working until that month is over. We do not refund the unused part of a period.

If a payment fails, Stripe retries it over several days and the app keeps working while it does. A failed card is not a cancellation. Access stops only once the subscription has actually ended and the paid period is over.

06

What you are responsible for

The app sends from your mailbox, on your behalf, to people you choose. That division of labour is what decides where responsibility sits.

• Your mailbox and its credentials. You connect a mailbox you are entitled to use, you keep it working, and you keep the password to yourself. We reach that mailbox only through the credentials you enter.
• What you send. The content of every message is yours: its lawfulness, its accuracy, and the consequences of sending it.
• The people you write to. You are the controller of their personal data. Having a lawful basis for contacting them, telling them what happens to their data, and answering their requests are yours to do, not ours.
• Marketing rules, where they apply. If a message is marketing, the rules on consent and on unsubscribing apply to it, and they apply to you.
• Your Bitrix24 portal: who has access to it, who may install an app on it, and who may read the conversations the app writes into your records.
• Your own copies. The app is not a backup service. Everything it sends is also written into your Bitrix24, which is where your durable copy lives.

If an account is used to send unlawful mail, or in a way that threatens the service or other customers, we may suspend it. We will say why, and we will restore it as soon as the cause is gone.

07

Availability

We offer no service level agreement, no uptime guarantee and no credit for downtime. It is better said here than discovered later.

The app runs on a server in Germany. It will occasionally be unavailable — for a deployment, for maintenance, or because something it depends on is down: your mail server, your Bitrix24 portal, or a network in between. Replies are collected by polling about once a minute, so a reply appearing a minute after it arrived is normal operation and not a fault.

We do not guarantee that every message will be delivered or that every reply will be matched to the right record. Delivery belongs to your mail server and the recipient's. Matching is exact when a reply carries the right headers, falls back to a subject code and the sender address when it does not, and a fallback match is flagged for a person to confirm rather than trusted quietly.

08

Support

Support is the form in the app's settings and the email address at the foot of this page, in English, French or Italian. We answer during business hours in Romania, as quickly as we reasonably can. There is no guaranteed response time.

A request sent through the form is stored in our database and stays there: what you wrote does not leave our servers. All that goes out is a short notice to our own support mailbox, carrying the request's number and your portal's number so that someone opens the app and reads it. The privacy policy sets that out in full.

09

Changes to the app

The app will change. We add features, alter them, and occasionally remove one that is not earning its keep. A change that only adds or improves needs no warning.

A change that materially reduces what the app does — something you were paying for stops existing — is announced on this page before it takes effect, in the same way as a change to these terms, rather than left for you to discover. You can cancel at any time, and cancellation works as it does above: the app keeps running to the end of the period you have already paid for.

10

What we do not promise

The app is provided as it is. To the extent the law allows, we exclude the implied warranties: that it is fit for a particular purpose, that it will run uninterrupted, that it is free of defects, or that it will produce any particular commercial result.

In particular we do not warrant deliverability. Whether a message reaches an inbox depends on your mail server, your domain's reputation and the recipient's filters — none of which we control, and none of which we sit in the path of.

11

Liability

To the extent the law allows, we are not liable for indirect or consequential loss, for lost profit, lost business, lost opportunity or damage to reputation, or for loss of data where a copy of that data exists in your Bitrix24.

Our total liability for all claims arising out of this agreement, on whatever legal basis, is limited to the fees you paid us in the twelve months before the claim arose.

Nothing here limits liability that cannot be limited by law: fraud, wilful misconduct, gross negligence, or death or personal injury caused by our negligence.

12

Term, termination and deletion

This agreement starts when you install the app and runs for as long as a trial or a subscription is live. You may end it at any time by cancelling the subscription and uninstalling the app.

Uninstalling deletes everything belonging to your portal from our systems — conversations, messages, attachments, suppliers, templates, credentials and tokens — by cascade, permanently, with no residual copy. Everything the app wrote into your Bitrix24 timeline and Drive stays in your Bitrix24. Uninstalling does not cancel a Stripe subscription: cancel that separately, or it renews.

We may end this agreement if you breach it and do not put the breach right after we ask, or if a subscription goes unpaid once Stripe has stopped retrying. We would tell you before doing so, unless the breach is one that makes waiting unreasonable.

13

Data protection

How the app handles data is described in the privacy policy, which forms part of this agreement. For the correspondence in your portal you are the controller and we are your processor, acting on your instructions; for our own account, billing and support records we are the controller.

The processors we use are named there, with where they are and what they do for us. If your organisation needs a separate data processing agreement on its own paper, write to us and we will sign one.

14

Governing law

This agreement is governed by the law of Romania, and the competent courts of Romania have jurisdiction over any dispute arising out of it. Nothing in this clause takes away a protection that the mandatory law of your own country gives you and that cannot be contracted out of.

The agreement is written in English. Where a translation is published it is for convenience, and the English text is the one that governs.

15

The rest, briefly

The clauses that matter but do not each need a paragraph of their own. They are the ordinary ones, and they are here in full rather than in a document you would have to ask for.

• You may not transfer this agreement to someone else without asking us. We may transfer it as part of a sale or reorganisation of the business, and would tell you.
• If a clause turns out to be unenforceable, the rest stays in force and that clause is read down to what the law allows.
• This agreement and the privacy policy are the whole of what is agreed between us about the app, and they replace anything said before.
• If we do not enforce a term straight away, we have not given it up.
• Neither side is liable for a failure caused by something outside its reasonable control, for as long as that lasts.

16

Changes to these terms

The date at the top of this page changes when these terms change, and only then. It is a constant kept in the source next to the text, so the page cannot claim a revision it did not have.

If a change is material we will say so on this page before it takes effect, and it applies from your next renewal. If you do not accept it, cancel before that renewal. A change never applies backwards to a period you have already paid for.