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Terms and Conditions

Last updated: January 2026

Please read these Terms and Conditions carefully.
These Terms govern the use of:

  • the website https://www.smartagenda.app ("Website")
  • the SmartAgenda mobile application ("Application")

Together referred to as the "Platform".

By accessing or using the Platform, you enter into a legally binding agreement with us.

If you do not agree with these Terms, please do not use the Platform.

1. Parties and Contact Details

The Platform is operated by:

WEST SOFTWARE SYSTEMS SRL
Registered office: Drobeta-Turnu Severin, Mehedinți County, Romania
Trade Register no.: J25/544/2016
Tax Identification Code: RO36780241
Email: [email protected]

2. Scope of the Services

SmartAgenda is a B2B SaaS platform that provides appointment management, client management, automated notifications, and online booking functionality to businesses.

SmartAgenda does not provide services directly to end clients of businesses and does not act as a party to any contract between businesses and their clients.

We may update, modify, suspend, or discontinue parts of the Platform from time to time for operational, security, legal, or product reasons.

3. Eligibility and Account Use

The Platform is intended exclusively for businesses and professionals.

By creating an account, you confirm that:

  • you are at least 18 years old;
  • you act in a professional or commercial capacity;
  • you have the authority to bind the business you represent.

End clients of businesses cannot create accounts on the Platform.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Prices, Subscriptions, and Payments

All subscriptions are purchased exclusively via:

  • Apple App Store (iOS)
  • Google Play Store (Android)

Payments, billing, renewals, cancellations, and refunds are governed by the terms and policies of Apple or Google, respectively.

SmartAgenda does not process payments directly and cannot issue refunds for in-app purchases.

Prices displayed in the Platform do not include VAT unless explicitly stated.

Unused SMS credits included in a subscription do not roll over to the next billing period.

5. Online Booking Feature

5.1 Platform Role

SmartAgenda provides a technical platform enabling clients to request appointments with businesses.

SmartAgenda:

  • acts solely as a technology provider and intermediary;
  • is not a party to any agreement between a business and its clients;
  • does not verify, endorse, or guarantee the services provided by businesses.

5.2 Booking Flow

Depending on the business configuration:

  • bookings may be confirmed automatically, or
  • bookings may require manual approval by the business.

SmartAgenda does not guarantee response times for booking approvals, and availability displayed on booking pages may change.

5.3 Payments for Booked Services

SmartAgenda is not involved in payments for services booked through the Platform.
All payments and financial arrangements are strictly between the business and its client.

6. Communications (Email & SMS)

SmartAgenda may send transactional communications only, including:

  • booking confirmations;
  • booking cancellations;
  • appointment reminders;
  • other service-related notices necessary to operate the Platform.

No marketing communications are sent to booking clients.

Messages are sent using third-party providers, including Twilio and SMSO.

Businesses are solely responsible for ensuring that they have a valid legal basis to communicate with their clients (including where consent is required by applicable law).

SmartAgenda shall not be liable for unlawful communications initiated by businesses or for inaccuracies in contact data provided by booking clients.

7. Data Protection and GDPR

7.1 General Principles

Personal data is processed in accordance with:

  • Regulation (EU) 2016/679 (GDPR)
  • applicable Romanian and EU data protection laws

Details regarding data categories, purposes, legal bases, and retention are described in the Privacy Policy, which forms an integral part of these Terms.

7.2 Controller and Processor Roles

a) Business Account Data
For data relating to business users (accounts, subscriptions, usage),
SmartAgenda acts as Data Controller.

b) Booking Client Data
For personal data of clients booking appointments through the Platform:

  • the business acts as Data Controller;
  • SmartAgenda acts as Data Processor, processing data solely on documented instructions from the business.

7.3 Embedded Data Processing Agreement (DPA)

This section constitutes a Data Processing Agreement under Article 28 GDPR.

SmartAgenda, as Data Processor, commits to:

  • process personal data only on documented instructions from the business;
  • ensure confidentiality of authorized personnel;
  • implement appropriate technical and organizational security measures;
  • use subprocessors (such as infrastructure and messaging providers) only as necessary to deliver the service;
  • assist businesses with GDPR obligations where applicable;
  • delete all booking client data immediately upon account termination, unless legal retention is required;
  • allow audits limited to data protection compliance, upon reasonable notice.

Businesses confirm that they:

  • have a valid legal basis to process client data;
  • provide required GDPR information to their clients;
  • are responsible for client consent where applicable.

7.4 International Data Transfers

SmartAgenda uses infrastructure and service providers located in:

  • European Union (AWS EU region)
  • United States (Twilio)

Where applicable, data transfers outside the EU are safeguarded through appropriate legal mechanisms, including Standard Contractual Clauses.

8. User Obligations

Users agree to:

  • use the Platform lawfully and professionally;
  • provide accurate and up-to-date information;
  • respect intellectual property rights;
  • refrain from sending unsolicited or unlawful communications;
  • comply with applicable data protection and electronic communications laws.

SmartAgenda reserves the right to suspend or terminate accounts for violations, to protect the Platform, other users, or third parties, or to comply with legal obligations.

9. Intellectual Property

All intellectual property rights related to the Platform belong to WEST SOFTWARE SYSTEMS SRL.

Users are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended business purposes during an active subscription.

No rights are transferred beyond this license.

10. Force Majeure

SmartAgenda shall not be liable for failure or delay caused by events beyond reasonable control, including but not limited to natural disasters, legal changes, cyber-attacks, infrastructure outages, or third-party service failures.

11. Modifications to the Terms

SmartAgenda may update these Terms from time to time.

Material changes will be communicated in advance.
Continued use of the Platform after the effective date constitutes acceptance.

If you do not agree with the changes, you may terminate your subscription before they take effect.

12. Termination and Data Deletion

Upon termination of an account:

  • all booking client data is deleted immediately;
  • business account data is deleted unless retention is required by law.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Romania.

Nothing in these Terms shall limit any mandatory rights that may apply to booking clients as consumers under applicable law.

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