Terms And Conditions - SMART ASSIST 360

1. Definitions

For the purposes of this document:

“Platform” means the website and related applications operated by SMART ASSIST 360 SOFTWARE SRL.
“User” means any natural or legal person who creates an account on the Platform.
“Subscription” means a recurring payment plan (monthly or annual) that grants access to features as described on the “Plans” page of the website.
“Credit-Based Plan” means a plan under which access to features is provided based on a limited number of purchased credits.
“Free Trial” means a complimentary trial period offered only for Subscriptions, under the conditions set out in these Terms.
“Stripe” means the online payment processor used by the Platform.

2. Purpose of the Agreement

These Terms and Conditions set forth the conditions for using the SMART ASSIST 360 Platform, the rights and obligations of the parties, the methods for purchasing the services, as well as the rules regarding the protection of personal data.

3. Account Registration and Eligibility

To use the Platform, the User must create an account by providing accurate and complete information.
Accounts may be created by natural persons who are at least 18 years of age and by legally represented legal entities.
The User is responsible for maintaining the confidentiality of their login credentials and for all activities carried out under their account.

4. Plans, Prices, and Payments

4.1. Types of Plans Available

The SMART ASSIST 360 Platform offers two main types of access:
a) Recurring Subscriptions – with monthly or annual payments, which include a fixed package of features as described on the dedicated “Plans” page. Annual payment benefits from a discount compared to monthly payment.
b) Credit-Based Plans (“Pay as You Go”) – the User purchases a specific number of credits, each credit having a validity period indicated on the website at the time of purchase.
Card details are not stored or processed by SMART ASSIST 360, but exclusively by Stripe, in accordance with its Privacy Policy: https://stripe.com/privacy.
For bank transfers, the order is considered valid only after the payment is confirmed in the account.

4.2. Differences and Restrictions on Plan Changes

If a User switches from a Credit-Based Plan to a Subscription, this change is irreversible – it is not possible to revert to the credit system.
If a User chooses a Subscription (including during the Free Trial period), they cannot later switch to the credit system.

4.3. Free Trial Period

The standard duration of the Free Trial period is 7 days, unless otherwise specified on the website.
No payment method is required to start the trial period.
Upon expiration of the trial period, access to the Platform will be automatically suspended, and the User will only be able to access the pages with plans and payment options.
Continuing to use the Platform after the trial period expires is only possible by purchasing a Subscription.

4.4. Prices

The prices and names of the plans are displayed on the dedicated “Plans” page on the website at the time of purchase and may be changed by SMART ASSIST 360 SOFTWARE SRL without prior notice.
Price or name changes apply only to future billing periods and do not affect already purchased Subscriptions or credits.
Prices displayed include or exclude VAT, as specified on the plan presentation page. For legal entities in the EU (outside Romania) providing a valid VAT registration code, invoicing will be carried out without VAT, in accordance with applicable legislation.

4.5. Payment Methods

Payments can be made via:
a) Stripe – an online payment processor that accepts bank cards, Apple Pay, Google Pay, and other methods available depending on the country. Use of this service implies acceptance of Stripe’s terms available at https://stripe.com/legal.
b) Bank Transfer – to the account indicated on the payment page and/or invoice. Example account (to be replaced with final details):
IBAN: ROXX XXXX XXXX XXXX XXXX XXXX
Bank: XXX BANK S.A.
Beneficiary: SMART ASSIST 360 SOFTWARE SRL
Invoicing is carried out through the Oblio system, based on the billing details provided by the User at the time of ordering.

4.6. Non-Payment and Service Suspension

If payment is not made by the due date, access to the Platform will be automatically suspended until payment is confirmed.
The suspension period does not extend the validity period of the Subscription or purchased credits.

4.7. Refund Policy

Payments made are non-refundable, except where required by applicable law.
In the event of voluntary termination of the Subscription before its expiry date, the User is not entitled to a refund for the remaining unused period.

4.8. Currency and Fees

All payments are made in the currency displayed on the website at the time of ordering.
Any bank fees, currency exchange fees, or other additional charges are borne by the User.

5. Refunds and Cancellations

Payments made are non-refundable, except where required by law.
Voluntary termination of the Subscription before its expiry date does not entitle the User to a refund.
Subscription cancellation takes effect at the end of the current billing period.

6. User Rights and Obligations

The User agrees to use the Platform solely for lawful purposes and not to attempt unauthorized access.
Use of the Platform for activities that violate applicable laws or the rights of others is prohibited.
SMART ASSIST 360 may suspend or terminate the User’s account in case of breach of these Terms.

7. Data Protection and GDPR

7.1. Data Controller
The data controller is SMART ASSIST 360 SOFTWARE SRL, headquartered in Bihor County, Oradea Municipality, Str. Uzinei, No. 60, registered with the Trade Registry under No. J05/760/2020, VAT ID 42523277, contact email: contact@smartassist360.com.
All third-party processors are contractually required to comply with GDPR requirements and ensure an adequate level of data protection.
In the event of a security breach that could affect Users’ data, we will notify the competent authorities and affected individuals within the legally prescribed timeframes.

7.2. Categories of Data Collected
Depending on the type of User and actions performed on the Platform, we may collect the following data:

Account data: first name, last name, email address, password (stored in encrypted form), company (if applicable).
Billing data for individuals: full name, country, county, city, postal code, address, additional details, email, and contact phone number.
Billing data for legal entities: company name, registration number, country, county, city, postal code, address, additional details, email, and contact person’s phone number.
Payment data: for payments made via Stripe, bank card details and other information necessary for the transaction are collected and processed directly by Stripe, without being stored on our servers.
Technical data: IP addresses, browser type, device used, login and interaction data with the Platform (for security and service improvement purposes).

7.3. Purpose of Processing
The data collected is used for:

creating and managing the User’s account;
invoicing and processing payments;
providing the services available on the Platform;
sending notifications related to the account, payments, trial or subscription expiry;
fulfilling legal and accounting obligations;
improving User experience and ensuring Platform security.

7.4. Legal BasisData processing is based on:

performance of the contract between the User and SMART ASSIST 360 SOFTWARE SRL;
the User’s explicit consent (e.g., checking the acceptance box for the Terms and Conditions and Privacy Policy);
legal obligations (e.g., issuing tax invoices).

7.5. Data Sharing
Data may be shared only with:

Stripe – for processing online payments;
Oblio – for issuing tax invoices;
email service providers (for sending notifications related to the account and payments);
tax authorities or other public authorities, in cases provided by law.

7.6. International Data Transfers
If third-party providers (e.g., Stripe) transfer data to countries outside the European Economic Area, such transfers will be carried out based on appropriate safeguards, such as the European Commission’s Standard Contractual Clauses or participation in the EU-U.S. Data Privacy Framework.

7.7. Data Retention Period
Data is stored for the duration of the User’s account and for an additional period required by accounting and tax laws (typically 10 years for fiscal documents).

7.8. User Rights
Users have the following rights:

the right to access their data;
the right to rectification or erasure;
the right to restriction of processing;
the right to data portability;
the right to object;
the right to lodge a complaint with the National Supervisory Authority for Personal Data Processing (ANSPDCP).

7.9. Data Security
We implement appropriate technical and organizational measures, including password encryption, secure connections (HTTPS), regular backups, and access control to data.

7.10. Data Protection Contact
For any request regarding data protection, Users may contact us at: contact@smartassist360.com.

8. Cookies

8.1. What Are Cookies
Cookies are small text files stored on the User’s device (computer, tablet, mobile phone) when visiting a website. They are used to ensure the optimal functioning of the website, to improve the browsing experience, and, in certain cases, to provide personalized content or relevant advertisements.

8.2. Types of Cookies Used
The SMART ASSIST 360 Platform may use the following types of cookies:

Strictly Necessary Cookies – essential for the operation of the website and for user authentication (cannot be disabled).
Performance and Analytics Cookies – collect anonymous information on how the website is used, helping us improve functionality and services (e.g., Google Analytics).
Functional Cookies – remember the User’s preferences (language, display settings) for a personalized experience.
Marketing Cookies – may be used to deliver personalized ads based on the User’s interests (e.g., Google Ads, Facebook Pixel), only with the User’s explicit consent.

8.3. Cookie Storage Duration

Session cookies are automatically deleted when the browser is closed.
Persistent cookies remain stored on the device until they expire or are manually deleted by the User.

8.4. User Consent
When first visiting the website, the User will see a cookie banner requesting consent for placing non-essential cookies (analytics and marketing).

Non-essential cookies will only be set if the User gives explicit consent.
The User may withdraw consent or modify preferences at any time by accessing the cookie settings on the website.

8.5. Managing Cookies
Users can control and/or delete cookies through their browser settings. Detailed instructions are available at: https://www.allaboutcookies.org. Disabling cookies may affect the functionality of certain parts of the website.

8.6. Similar Technologies
In addition to cookies, we may use similar technologies, such as web beacons, pixel tags, or tracking scripts, for similar purposes (analytics, marketing, security). These technologies are subject to the same consent and privacy rules.

8.7. Updating the Cookie Policy
We may update this policy periodically, and any changes will be published on this page, with a visible revision date.

9. Limitation of Liability

SMART ASSIST 360 does not guarantee uninterrupted or error-free operation of the Platform.

To the maximum extent permitted by applicable law, SMART ASSIST 360’s total liability, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by the User for the services in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for any direct or indirect losses resulting from the use of the Platform, except where such liability cannot be excluded under applicable law.

We are not liable for failure to perform or defective performance of our obligations if such failure is due to force majeure events, as defined by applicable law (e.g., natural disasters, armed conflicts, power outages, major cyberattacks, interruptions of communication networks).

The User is solely responsible for actions carried out through their account and for maintaining the confidentiality of their login credentials.
We are not responsible for content generated by Users or for information provided by the AI support system, as such information is for informational purposes only.

10. Support Services

Support is primarily provided through AI chat available 24/7 within the Platform.

If the User is not satisfied with the response, they may send a message to the human support team via the chat, with messages processed through email.

Support team hours: Monday to Friday, 09:00–17:00 (Romanian time).

Response times may vary depending on the complexity of the request and the volume of inquiries.

11. Changes to the Terms

We reserve the right to modify these Terms and Conditions, publishing updates on the website.

Continued use of the Platform after publication constitutes acceptance of the changes.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Romania and the European Union.

Disputes will be resolved amicably, and if this is not possible, by the competent courts in Oradea, Romania, regardless of whether the User is from Romania or another EU Member State.

Users from the EU also have the option of using the ODR platform: https://ec.europa.eu/consumers/odr/.