Acord de Licentiere

Terms and Conditions.

Last Update: June 8, 2023, 11:57

These Terms and Conditions, together with any other terms and policies referred to here and incorporated herein by reference, form an integral part of the CONTRACT, as amended from time to time.

These "Terms" constitute a legally binding agreement from the effective date as defined below, governing access to and use of the iflows.com website. These Terms are between iflows, iflows.com, Seller, "we" or "our," and you, either individually or on behalf of your employer or any other entity you represent ("you" or "your" BUYER/USER). iflows may use its affiliates and third-party service providers to process and/or collect payment from you. In the case where you represent your employer or another entity, you hereby declare that (i) you have full legal authority to bind your employer or that entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms will bind your employer or such an entity (as applicable). PLEASE NOTE THAT YOU ARE CONSIDERED AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR YOUR ENTITY (AS APPLICABLE): (I) IF YOU USE YOUR EMPLOYER'S OR ENTITY'S CONTACT DETAILS OR TAX IDENTIFICATION TO PURCHASE THE SERVICE; and/or (II) IF YOU ARE AN ADMINISTRATOR. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, and you express YOUR CONSENT TO THESE TERMS, EITHER: (I) BY CLICKING ON A BUTTON OR TICKING A BOX TO ACCEPT THESE TERMS; OR (II) BY REGISTERING FOR USE OR ACCESS TO THE SERVICE, WHICHEVER IS SOONER ("EFFECTIVE DATE").

By accessing the iflows.com website and using the SOFTWARE and services provided by iflows, you agree to comply with these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the website, services, and SOFTWARE.

I. DEFINITIONS and TERMS

The terms used in this contract are defined as follows:

SUBSCRIPTION – a method of making PAYMENT by the BUYER/USER to the SELLER in exchange for the right to use the SOFTWARE for a certain period of time;
UPDATES – represent all corrections, functional improvements, and other modifications to the SOFTWARE;
IMPLEMENTATION SUPPORT – represents an additional, optional service, or included in certain PACKAGES, consisting of specialized assistance to the USER/BUYER in the initial configuration of the SERVICE and providing recommendations for the most efficient use of the SERVICE, except for the withdrawal right of the BUYER;
ORDER - an electronic document that serves as a form of communication between the SELLER and BUYER through which the BUYER conveys to the SELLER, via the SITE, their intention to purchase the SERVICE;
COMMERCIAL COMMUNICATIONS – any type of message sent (such as: email / SMS / telephone / mobile push / webpush / etc.) containing general and thematic information, information regarding products similar or complementary to those you have purchased, information on offers or promotions from iflows as well as other commercial communications such as market research and opinion polls;
CANCELED/DELETED ACCOUNT – Deletion of all BUYER/USER data (both access and entered data) without the possibility of recovering them;
SUSPENDED ACCOUNT – restriction of access within the application by the SELLER;
THE CONTRACT – represents the present DISTANCE DOCUMENT concluded between the SELLER and BUYER/USER, without the simultaneous physical presence of the SELLER and BUYER, for the purchase of the SERVICE, mandatory for the parties;
OPERATOR ACCOUNT – an application within a cloud-type platform, run for the BUYER/USER under a unique name that is password-protected, and through which access is received only to the Workflow function;
USER ACCOUNT – an application within a cloud-type platform, run for the BUYER/USER under a unique name that is password-protected, and through which access is received to all SOFTWARE functions, for the chosen PACKAGE;
BUYER/CLIENT – a natural person, OR a legal entity represented (by an employee, authorized person, legal representative, but not limited to these examples), or an organizational unit that does not have legal personality but has the capacity to assume obligations and to acquire rights on its own, rights that grant the entity access to the SOFTWARE in accordance with the terms and conditions defined in the CONTRACT;
DOCUMENT – the present terms and conditions, mandatory for the parties;
RIGHT OF WITHDRAWAL – the right of the BUYER/USER, to request the termination of the CONTRACT, within a certain period, with the consequence of the reimbursement of the paid value of the SERVICE;
iflows – is the commercial name of iFlows Technologies Srl, a legal entity of Romanian nationality, with its registered office located in Metalurgiei Blvd 99-99, Bucharest, 041837, Romania, VAT number RO46179401 and registration number J40/9774/2022;
ADDITIONAL MODULES – functionalities of the SOFTWARE that are made accessible to the BUYER/USER for an additional fee;
PRICE OFFER/DEDICATED PACKAGE - represents the PRICE OFFER or the package specially designed for the BUYER/USER's requirements, at their express request, communicated electronically or by any other means and which is an integral part of this contract;
PACKAGE/SOFTWARE USAGE PACKAGE - service use plan for different types of activities, with different options included, prices and options are published and updated on the SITE constantly;
GRACE PERIOD - a limited period of time during which the USER/BUYER has the right to use the SOFTWARE normally, even if the SUBSCRIPTION has expired and the SERVICE is unpaid;
RECURRING PAYMENT - payment made through the bank card with the SELLER's authorization and the payment processor to automatically debit the due amount from the BUYER/USER's card;
PAYMENT - sum of money, paid to the SELLER related to the chosen PACKAGE, which can be made by bank card as a recurring payment or by bank transfer / payment order;
THE SERVICE – the right to use the SOFTWARE, either for a defined or undefined period of time, under the conditions presented in this CONTRACT and/or in the PRICE OFFER;
SITE – iflows.com;
SOFTWARE – a cloud-type platform consisting of an integrated collection of electronic information, made up of source code, instruction sets, interfaces, and auxiliary data, which serve to process information in a certain way using the BUYER/USER's computing devices, made available by the SELLER along with this CONTRACT for a limited period of time, through the SERVICE;
TRANSACTION – the collection or refund of a sum resulting from the sale of a SOFTWARE USAGE PACKAGE by iflows to the BUYER/USER, using the services of the card processor agreed by the SELLER or by PO regardless of the delivery method;
USER – a natural person acting on behalf of the BUYER, who has obtained access to the SOFTWARE for any of the account types;
SELLER – iflows or iFlows Technologies Srl;

II. GENERAL PROVISIONS

The present CONTRACT stipulates the conditions of use of the SERVICE, the rights and obligations of the SELLER and the BUYER/USER, as well as the CONTRACT termination conditions. The use of the SERVICE is subject to the SELLER's and the BUYER/USER's compliance with the CONTRACT.
To access, browse, and use the SOFTWARE—information, applications, and content included in the document, "THE CONTRACT." The use of the SERVICE can imply the need to accept the offer for the PRICE OFFER/PACKAGE. Any utilization or presentation of the SOFTWARE elements, even in situations where a BUYER/USER is not involved, needs to comply with the SELLER's CONTRACTUAL provisions. The SELLER guarantees the SOFTWARE and SERVICE provision, provided such terms and conditions of the CONTRACT are met.
The SOFTWARE and SERVICE conditions specified in the CONTRACT shall exclusively apply to legal and judicial representatives of the aforementioned, entrepreneurs who are not consumers in the sense of applicable consumer law. The CONTRACT does not aim to be regulated by consumer trade laws.
The SOFTWARE is the exclusive property of the SELLER. The intellectual property rights for the SOFTWARE elements, such as texts, images, and other legally protected items, belong to the SELLER. The entire SOFTWARE and its individual components are protected by intellectual property laws. The BUYER acquires only the right to use the SERVICE for a limited time and does not obtain any ownership rights over the SOFTWARE itself.
The CONTRACT is provided to the BUYER/USER as part of the SERVICE in a way that allows for downloading, opening, and saving the document.
Persons representing the BUYER/USER declare they are empowered (authorized) to enter into the CONTRACT in accordance with applicable laws, statutory provisions, internal regulations, or authorizations, and declare that the CONTRACT's validity, effectiveness, binding nature, and full legal force do not require any consent, approval, or other activities from other persons or bodies.
Minimum technical conditions for using the SOFTWARE:
1. Possession of a device with internet access;
2. A browser that supports JavaScript and cookies, with the necessary versions:
  - Microsoft Edge – the latest version or two previous versions;
  - Mozilla Firefox – the latest version or two previous versions;
  - Google Chrome – the latest version or two previous versions;
  - Opera – the latest version or two previous versions;
  - Safari – the latest version or two previous versions;
3. An operational email address;
By registering an ORDER on the SITE, the BUYER/USER agrees to the form of communication (telephone or email) by which the SELLER conducts its commercial operations and expresses consent to the CONTRACT conclusion
The notification received by the BUYER after placing the ORDER is for informational purposes and does not constitute acceptance of the ORDER. This notification is done electronically (email) or by telephone.
The SELLER reserves the right to modify the quantity of SERVICES in the ORDER or to refuse the ORDER in its entirety. In case of modification or refusal, the SELLER will notify the BUYER at the provided email or phone number and will refund the amount paid, in part or in full, depending on the situation.
The CONTRACT is considered concluded between the SELLER and BUYER when the BUYER receives from the SELLER, via email and/or SMS, the notification of the dispatch of the USER ACCOUNT login details.
The document and information made available by the SELLER on the SITE will form the basis of the CONTRACT, in certain cases, being supplemented by the PRICE OFFER if requested.
The SELLER offers standard technical support services regarding the SOFTWARE and SERVICE to registered users, provided the users are current with their SERVICE SUBSCRIPTION payments. Technical support can be obtained through the iflows internal ticketing system, the contact form on the SITE, or via email. Every effort will be made to respond to inquiries adequately and within a reasonable timeframe. Visitors to the website may contact iflows using the contact form on the SITE.

III. INTELLECTUAL PROPERTY RIGHTS AND THE SERVICE

iflows holds all intellectual property rights over the SOFTWARE and SITE, which include but are not limited to, copyrights, trademarks, service marks, trade names, and rights in the design, which are applied or relevant to any part of the SITE or any content on the SITE. The SITE and the properties are exclusively for the use of iflows, its affiliates, or other third parties that have granted rights to iflows, and are not made available for any personal, non-commercial use. All copies of the SITE, even if they are modified, belong to iflows. The use of the SITE and its content, including texts, design elements, HTML/CSS codes in a commercial scope without iflows' permission, including reproducing, distributing, modifying, adapting, or any other forms of use, is strictly forbidden.
Any attempt by the BUYER/USER to access the SITE's source code, to decode, decompile, disassemble, reverse engineer, or otherwise interfere with the software's functionality is expressly prohibited.
The use of the SITE's design elements, visual appearance, and HTML/CSS codes for commercial purposes without iflows' express written consent, including the reproduction, distribution, modification, adaptation, loss, or any other forms of use, is strictly forbidden. This includes attempting to respond to, initiate, or facilitate any claims, demands, actions, lawsuits, losses, liabilities, damages, penalties, fines, costs, or expenses that may arise from the unauthorized use or access of the SITE.
The implicit SERVICE of iflows – i.e., the use of the SERVICE without a formal agreement – granted to legal representatives or any other personnel of a company does not confer any rights and is not capable of being enforced as a right or obligation against iflows.
The BUYER/USER may obtain the SERVICE for a limited period or as part of a PACKAGE for which PAYMENT of the SUBSCRIPTION is made.
Different SOFTWARE updates, ACTUALIZATIONS, and ADDITIONAL MODULES, along with their PRICE and the range of functionalities, are made available to the BUYER/USER on the SITE and form an integral part of this CONTRACT.
The SERVICE and its rights for the BUYER/USER include:
1. A SUBSCRIPTION to iflows – which, upon PAYMENT, confers a non-exclusive, non-transferable, and limited right to use the SOFTWARE. The SERVICE remains valid during any periods where intermediary or third-party access to the SERVICE is granted.
2. The SERVICE includes the version of the SOFTWARE available at the time of the SERVICE SUBSCRIPTION and any UPDATES or ACTUALIZATIONS made during the SUBSCRIPTION period.
3. Upon expiration of the SUBSCRIPTION, the BUYER/USER may renew the CONTRACT for the SERVICE any number of times. If the SUBSCRIPTION expires, the BUYER/USER will be informed about the expiration date through a prior notice provided at least 25 calendar days before expiration.
4. After the expiration of the SUBSCRIPTION, the SERVICE enters a GRACE PERIOD of 30 days, during which the USER may continue to use the SERVICE under a temporary license.
5. After the expiration of the GRACE PERIOD, the USER and/or OPERATOR ACCOUNTS are suspended for a maximum of 15 days. In this case, the BUYER/USER must settle any outstanding payments for the SERVICE to regain access to the SOFTWARE. If the SUBSCRIPTION is not renewed after this period, the BUYER/USER loses any data or information entered into the SOFTWARE, which will not be recoverable.
6. If the SUBSCRIPTION is not renewed during the suspension period of 15 days, the BUYER/USER does not renew the SUBSCRIPTION, resulting in the permanent deactivation of the USER/OPERATOR ACCOUNTS. In this case, all data entered cannot be recovered, and automatic data deletion occurs.
By accepting this CONTRACT, the BUYER/USER declares they are aware of the current functions of the SOFTWARE and agree not to use it beyond its stipulated capabilities.
The BUYER/USER's use of the SOFTWARE must not distort, damage, or otherwise compromise the integrity of the intellectual property rights of iflows. Additionally, the BUYER/USER shall not undertake any actions to reverse engineer, decode, decompile, disassemble, or otherwise manipulate the SOFTWARE code to reconstruct or recreate the source code, algorithms, file formats, or user interfaces of the SOFTWARE. It is also forbidden to draft or indicate the methods by which such technical security features of the SOFTWARE could be bypassed or compromised.
The BUYER/USER is interested in the complete, accurate, and technically compatible part of the SOFTWARE, its user interfaces, including the information architecture, concepts, functionality, texts, designs, graphical works, art operations, photographs, logos, commercial marks, commercial behaviors, and solutions or user interface behaviors that are protected by international agreements, author's rights, and other intellectual property laws against unfair competition.
The BUYER/USER is interested in situations where the SELLER expressly allows the extension of SOFTWARE functionality through the addition of modules not provided by the SELLER.
The SOFTWARE does not serve as a commodity. The BUYER/USER does not have the right to sell, lend, lease, assign, transfer, or donate the SOFTWARE to third parties, nor place it on the market in any form, including sharing the BUYER/USER's, OPERATOR's or SOFTWARE account or access details.
The BUYER/USER is interested in the SELLER's use of all intellectual property rights of the SELLER, including trademarks, service marks, logos, trade names, and any unregistered rights or unregistered parts of the SELLER.
The BUYER/USER declares that the legal use of the SOFTWARE and its individual elements is under suspicion of being liable for civil and criminal penalties, and the BUYER/USER has the right to suspend the SERVICE if there is suspicion of violating the prohibitions listed in sections 6-13 of the present CONTRACT, until the verification is confirmed or denied by a simple notification.
1. In the case of an unsubstantiated suspicion, the SELLER does not bear any liability for any damages that may occur as a result of the SERVICE suspension, and the BUYER/USER is obliged to pay for any free periods of the SERVICE that occurred during the investigation.
2. If the suspicion is confirmed, the SELLER has the right, but is not limited to, demand compensation for damages, to take legal action for the recovery of damages, or to directly institute legal proceedings against the BUYER/USER.
Characteristics of the security measures:
1. SOFTWARE-technical side: The technological side, which includes tools designed specifically by the SELLER, aims to prevent unauthorized or illegal use of the SOFTWARE. The SELLER's authentication system enables monitoring of the use of the SOFTWARE without the consent or knowledge of the BUYER/USER.
2. SOFTWARE-user side: The user side of the SOFTWARE, which is designed to protect the SELLER from unauthorized use or access by third parties, operates automatically, and its use is subject to the terms of the present CONTRACT.

IV. PAYMENT

The SELLER publishes on the SITE, details of the acquisition of a SOFTWARE USAGE PACKAGE, including information about the current price and the inclusion in the package of additional features, functionalities, or ADDITIONAL MODULES.
The invoice frequency is established by the BUYER/USER and can be paid by bank transfer. Payments for SUBSCRIPTIONS are made by bank transfer from the BUYER/USER's bank account. The processor of payments due to the SELLER will not store any credit card details of the BUYER/USER.
The SELLER does not store card details and it is not the responsibility of the SELLER to ensure the safety of these details during the processing of transactions, which are the responsibility of the banks and the card issuing entity in the process of current transactions or those recorded on the File.
The BUYER/USER makes payments through a secure electronic transaction system. After selecting the payment method specified in the SERVICE, the system will redirect the BUYER/USER to the secure online site corresponding to the payment operator used for processing the payment. The SELLER is not obliged to store the details of the SOFTWARE–iflows before receiving a positive payment authorization from the BUYER/USER.
The SELLER will issue an invoice including VAT for the SERVICE acquisition. The invoice and VAT will be sent in electronic format after payment is made; the SELLER allows the BUYER/USER to use the SOFTWARE.
All amounts are payable in lei, and any exceptions in which the specifications differ from the command are assumed not to include tax or the value added tax. In case the BUYER/USER, for reasons related to the tax regime applicable to the SELLER, provides the SELLER with a valid tax deduction certificate authorized by the fiscal authority, the corresponding amount will be deducted from the payment due by the BUYER/USER unless the BUYER/USER is responsible, except in cases where competent.
In the case of online payments, the SELLER may not/refuses to provide technical support to the BUYER/USER, including but not limited to, the currency conversion commission applied to the credit card used, if the currency of issuance of this card differs from RON. The responsibility for the accuracy of the payment amount lies with the BUYER/USER.

V. PROTECTION OF PERSONAL DATA/CONFIDENTIALITY

The SELLER values the personal data provided by the BUYER/USER in accordance with applicable law.
By present, the SELLER informs that the collection of personal data is voluntary, with data being collected solely for the proper functioning of the SOFTWARE.
The BUYER/USER has the right to access their personal data processed by the SELLER and to control its processing, including the completion, update, rectification of data, the right to request temporary cessation of processing or data deletion, as well as the right to object to data processing. The administrator of personal data of the BUYER/USER is the SELLER.
The SELLER is not the administrator of personal data storage locations used by the BUYER/USER through the SOFTWARE, especially the data storage services provided by third parties.
Confidentiality of data and information that the BUYER/USER introduces/uses in the SOFTWARE is an obligation of the SELLER and is assured that during the duration of the SERVICE the data will not leak, be transmitted, or be disclosed to third parties, including confidential information, including commercial, economic, and fiscal data, except for the legal exceptions provided. All information and data introduced and used in the SOFTWARE are the exclusive property of the BUYER/USER, with the SELLER having the possibility of access only in the form and to the extent, within the Export section.
For information on how the iflows processes personal identification information, please consult the Confidentiality Policy document. The Confidentiality Policy specifies the type of information collected by iflows from SITE users and the explicit manner in which this information can be used.

VI. RIGHTS AND OBLIGATIONS OF THE PARTIES

The BUYER/USER has the right of withdrawal, which is the exact right to rescind the CONTRACT and discontinue the use of the SERVICE within a maximum of 30 calendar days from the CONTRACT signing. The BUYER/USER can exercise this right only once for a period of 30 days, and the right to withdraw is not transferable in case of renewal or extension of the SUBSCRIPTION.
To exercise the withdrawal right, the BUYER/USER may:
1. Use the option available in their account, such as "Subscription Cancellation";
2. Send a written communication, in this regard, to the contact provided (e.g., iflows.com);
In the event of contract termination, following withdrawal, the SELLER is obliged to reimburse all payments received from the BUYER/USER, within a maximum of 7 days from the date the SELLER received the withdrawal declaration from the CONTRACT. The reimbursement will be made using the same payment method used by the BUYER/USER in the initial transaction. The SELLER is obliged to provide all necessary information for the reimbursement process.
By accessing the CONTENT and/or using the account and/or placing orders, the CLIENT/USER/BUYER expressly and unequivocally accepts the Terms and Conditions of the SITE–current at the time of the order placement, existing at the time of access and/or use of the continued service or at the time of placing an ORDER, which may be subsequently modified.
The SELLER reserves the right to update and modify any legal sections of the SITE's operating conditions or any modifications to the legal framework. The DOCUMENT is available to CLIENT/USER/BUYER/CUSTOMER for consultation on the SITE. In cases of such modifications, they will be displayed on the SITE and the updated DOCUMENT will be available for periodic verification of its content.
The BUYER/USER is obliged to use technical assistance in accordance with the SERVICE terms.
The BUYER/USER must respect the obligations of confidentiality and comply with copyright and related laws, such as intellectual property rights. The BUYER/USER must not use the SOFTWARE in any way incompatible with its intended purpose.
CUMPĂRĂTORUL/UTILIZATORUL se obligă să folosească modulele SOFTWARE-ului de e-mail și sms, cu respectarea prevederilor legale și sociale, fiind unicul răspunzător exclusiv pentru modul în care utilizează modulele respective și de conținutul mesajelor e-mail și sms trimise către alte persoane. CUMPĂRĂTORUL/UTILIZATORUL va lua toate măsurile necesare pentru ca mesajele trimise să nu conțină cuvinte sau informații prohibite de lege sau care să lezeze moralitatea. În cazul în care CUMPĂRĂTORUL/UTILIZATORUL nu respectă condițiile de utilizare specificate, VÂNZĂTORUL are dreptul de a suspenda cu efect imediat accesul la aceste modulele de e-mail și sms, urmând a notifica CUMPĂRĂTORUL/UTILIZATORUL în acest sens.
The BUYER/USER bears exclusive responsibility for the content introduced into the SOFTWARE (data, information, etc.).
The SELLER is not responsible for the transfer, storage, or use by third parties of the personal data introduced by the BUYER/USER into the SOFTWARE. The BUYER/USER obligates to respect the confidentiality and protection of this unauthorized use. If the SELLER detects unauthorized use of the password, the SERVICE will be suspended to protect against unauthorized use. In case of detection of unauthorized use, the BUYER/USER is notified accordingly.
The BUYER/USER is solely responsible for activities other than those authorized by the SERVICE.
To the extent that such activities are permitted by law and do not violate the obligations of the SELLER under the CONTRACT (such as providing the SOFTWARE, confidentiality, indirect damages, etc.), the SELLER is not liable for:
1. Any losses (including lost profits, business interruption, loss of information, or other pecuniary loss) related to the use of or inability to use the SOFTWARE, even if the SELLER has been advised of the possibility of such damages.
2. Any damages resulting from the incorrect use of the SOFTWARE, non-functionality, SERVICE errors, or data errors. This exoneration from liability does not apply in cases where the SELLER's fault or intent has been proven in connection with the cause of the damage or loss.
The SELLER is not responsible because there is no limit to the guarantee:
1. Any data resulting from the BUYER/USER's use of the SOFTWARE, as long as the activities of the BUYER/USER conform to the model of the SOFTWARE and within the specifications of this CONTRACT.
2. Any data that may not be realized due to the BUYER/USER's lack of access to the SOFTWARE due to suspected violations of contract terms.
3. Interruption of the SOFTWARE due to data or software usage by the BUYER/USER that has not been introduced by the SELLER.
4. Problems caused by the fault or negligence of the BUYER/USER or failure of the BUYER/USER to meet the technical requirements or lack of internet access.
5. Effects resulting from the lack of proper protective measures or dissemination by the BUYER/USER or a third party of user or access data to the SOFTWARE.
6. The loss of data or provision of incorrect information due to actions of the BUYER/USER, by fault, negligence, or a third party's mistake, or any malfunctions or damage of equipment or internet failure, or activities unrelated to the SELLER.
7. The impossibility of connecting to the SOFTWARE due to the failure of independent components of the SELLER or due to illegal activities by other users, including force majeure, equipment failure, or system failure.
The SELLER has the right to:
1. Develop, modify, and update the SOFTWARE, ensuring that these actions do not affect the rights obtained by the BUYER/USER.
2. Suspend or terminate services in the event of increasing the price under CONTRACT, such as:
  - Official warnings;
  - SERVICE suspension;
3. Terminate the contract immediately, in case the BUYER/USER starts the CONTRACT term.
4. Exercise rights instantly, including the right to transfer information to competent authorities if there is suspicion of violating laws.
5. To change, in specific situations, the SELLER's information, the COMPANY'S part, the SOFTWARE's name, or any business component, without changing the essence of the service provided or the obligations resulting from this CONTRACT without causing damage or obtaining advantages under the CONTRACT.
6. Cease providing the SERVICE without prior notice for non-payment, provided that the BUYER/USER is previously informed of the expiration of the contractual obligations, with the SERVICE remaining available until the expiration of the contractual obligations.
7. Use any kind of civility to obtain feedback or acquire from the BUYER/USER, OPERATOR, etc., knowing that the BUYER/USER, through the use of the SOFTWARE and SERVICES, attributes to iflows under current legislation, the right to use such feedback and information in any manner deemed appropriate.

VII. SERVICES NOT COVERED BY THE RIGHT OF WITHDRAWAL

There are exceptions to the right of withdrawal from the CONTRACT for the following:
1. The SERVICE of ASSISTANCE WITH IMPLEMENTATION, whose execution began with the prior express consent of the BUYER/USER and for which the BUYER/USER has confirmed that they understand they lose the RIGHT OF WITHDRAWAL after the commencement of the procedure of ASSISTANCE WITH IMPLEMENTATION by the SELLER.

VIII. FORCE MAJEURE

Neither party shall be liable for the non-performance of their contractual obligations if such non-performance is due to a force majeure event, beyond their control. Force majeure is an unpredictable event beyond the control of the parties and cannot be avoided.
⦁ If within fifteen (15) days from the occurrence of such an event, it does not cease, either party has the right to notify the other party of the termination of the contract without any party claiming damages from the other.

IX. FINAL PROVISIONS

For aspects not discussed in the content of the CONTRACT, the universal legal norms applicable in Romania, those of the European Union, and international law shall apply.
In the case where any proceedings or the CONTRACT itself are considered null due to a deficiency, this will be considered unnecessary, not affecting in any way the remaining clauses which remain obligatory from the point of view of the parties.
In case there is a need to obtain a translation in different languages from the Romanian language, the CONTRACT written in the Romanian language will prevail.
The calculation of the terms is done by calendar days, with the term beginning on the first day and expiring on the last day at 23:59.
All disputes between the BUYER/USER and those who misuse the SOFTWARE–in any form, whether professional or not, resulting from the usage of the SOFTWARE, or any other component part, which are under the territorial jurisdiction regarding the source of the software, will be settled according to the legislation in Romania.