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Terms of Use

Please read this document carefully. This document (hereinafter referred to as "This document," "The Contract," or "Terms and Use") represents the terms of use for the website www.smartagenda.app (hereinafter referred to as the "Website") and the terms of use for the SmartAgenda application (hereinafter referred to as the "Application").

By browsing our website or using the application, you agree to the Terms of Use described below. This document represents a legal agreement - a contract between you and us. Please also read our Privacy Policy and Cookie Use Policy before browsing the site or downloading the application. If you do not agree to these Terms or the Policies mentioned above, please do not use the site/application.

1 - This Contract. Obligation. Contact

Mandatory Character - Understand that both this contract and all the policies it refers to (e.g., Privacy Policy, Cookie Use Policy) are mandatory for you. By browsing our website or using the application, you commit to respecting this contract and the indicated policies.

Changes and Updates - We reserve the right to modify these Terms at any time and without prior notice. Your order (in the case of purchasing a subscription) will be subject to the terms in effect at the time of placing the order. By accessing our website, you will find the most up-to-date version of the Terms.

We cannot guarantee that any subscriptions that have been included on the site at any given time will be available at all times. We reserve the right to discontinue the sale or modify a subscription at any time.

Contact - If you have questions or uncertainties, you can confidently contact us at [email protected], and we will respond to you as soon as possible.

2 - Who are we?

The website www.smartagenda.app and the application belong to WEST SOFTWARE SYSTEMS SRL, a Romanian company headquartered at Drobeta-Turnu Severin, Mehedinți County, Romania registered in the Trade Register under no. J25/544/2016, with tax code 36780241, email [email protected].

We are a company engaged in the production of custom software products.

3 - Your Personal Data

The website processes personal data provided by you or collected from other sources, as described in detail in the Privacy Policy.

We are committed to respecting national and European legislation on the protection of personal data and the free movement of such data.

By visiting and/or using the website/application, placing orders, or interacting with us through any method and/or means of remote communication, you agree to the processing of your personal data as described in the Privacy Policy.

You also declare that all personal data and information transmitted to us are accurate. To the extent that the data does not belong to you, you declare that you have obtained the written and prior consent of the data subject whose data you are transmitting to us or that you are transmitting the data based on another legal basis in accordance with Regulation (EU) no. 679/2016.

We may collect information through cookies or other similar technologies, such as IP address, details of the browser or device used. If you want to learn more, we recommend accessing and reviewing our Cookie Use Policy.

4 - Eligibility

In order to legally place an order on our website or through the application, you must (1) be over 18 years old and/or of full legal capacity; (2) agree to this Contract; and (3) provide us with real, complete, and up-to-date identity and contact information.

Selling to Minors - The website does not sell services to minors. If you are under 18, please ask a parent/guardian to place the order on your behalf or to authorize the placement of an order.

5 - Prices, Services, and Payment

The price of the services is displayed in lei on the website and does not include value-added tax. If there is an error regarding the price displayed on the website, we will inform you as soon as possible, and we will refund the overpaid amount or request an additional amount. If the new price is not satisfactory to you, you do not need to respond to our request. If we cannot contact you, we will cancel the order and refund the amount paid as soon as possible.

The prices of the services may be updated/changed at any time, and such update/change will replace any previous price. Your order will be subject to the prices in effect at the time of actual order placement.

Payment for services is managed by Apple (AppStore) for the iOS application - through in-app purchases and in-app subscriptions.

If you choose to pay by card, the issuing institution will validate and authorize the payment. In the event that the transaction is not processed due to reasons beyond us (e.g., insufficient funds on the card, expired card), the contract between us will not be concluded, and we will have no obligation to provide the services. However, you can select another payment method or attempt payment processing again with a valid card.

SMS credits are available for sending SMS notifications to numbers in the United States.

Unused SMS credits associated with your subscription will not be transferred to the next month.

6 - Rules for Using the Website and Application

Rules - By accessing, visiting, placing an order, or engaging in any other activity on our website/application, you promise to abide by the following rules:

  1. You will use this site exclusively for legitimate orders or for information purposes;
  2. You will not make any false or fraudulent orders; otherwise, we reserve the right to cancel the order and inform the competent authorities or seek legal action to recover any damages caused;
  3. You will provide real, accurate, complete, and up-to-date information;
  4. You will respect the intellectual property rights of any element found on this site;
  5. You will not take any action that could harm our website in any way; otherwise, we reserve the right to seek legal action to recover any damages caused;
  6. Application users declare that they will not send unsolicited commercial messages (SPAM);
  7. Application users declare that they have obtained prior consent from customers for sending SMS notifications;
Consequences - We reserve the right to block the access of any user who violates the above rules, to cancel subscriptions, to inform the competent authorities for administrative/criminal liability for any antisocial acts, and to seek legal action to recover in full any damages caused, present or future, including unrealized benefits and legal expenses (including attorney fees).

7 - Force Majeure and Act of God

We will not be held liable for any delays or failures in fulfilling our services if a case of force majeure or an act of God occurs. Force majeure includes, but is not limited to, changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, epidemics, pandemics, weather conditions, and acts of hackers or internet service providers.

8 - Intellectual Property

The entire content of the website and the application is the intellectual property of WEST SOFTWARE SYSTEMS SRL. The website may be used by third parties only for information and/or placing orders.

Users are not entitled to download, partially or completely modify the website/application, reproduce, copy, distribute, sell, or exploit the website/application in any other manner contrary to the interests of WEST SOFTWARE SYSTEMS SRL, whether for commercial purposes or not.

Any content (including, but not limited to, databases, graphic elements, trademarks, legal content) is the intellectual property of WEST SOFTWARE SYSTEMS SRL. The entire SmartAgenda platform (website and application) is protected by Law no. 8/1996 on copyright and related rights. For any infringement of intellectual property, we reserve the right to refer the matter to the competent courts to recover the entire damage and to file a criminal complaint with the judicial authorities to hold the perpetrator criminally liable.

9 - Communications

All communications made under this contract will take place through email: for users - at the email address provided at the time of account creation, and for the service provider - at the following email address: [email protected].

10 - Final Clauses

These Terms constitute the entire agreement between you and us regarding the subject matter of any Contract and supersede any other agreement, any prior verbal or written understanding between you and us.

This Contract is binding. You may not transfer, assign, encumber, or otherwise dispose of this Contract or any of your rights or obligations arising from it without our prior written consent. We may transfer, assign, encumber, subcontract, or otherwise dispose of a Contract or any of our rights or obligations arising from a Contract in any other manner.