These GENERAL TERMS and CONDITIONS establish the relationship between Cloud Tech Solutions Ltd. (hereinafter referred to as “Conformally“), on the one hand, and the legal entity or individual who agrees to them (hereinafter referred to as the “Customer“), and regulate the Customer’s access to and use of the Services.
Cloud Tech Solutions Ltd is a company registered under the Commercial Law of the Republic of Bulgaria, with UIC 205932074, with headquarters and management address: Sofia, Lyuben Karavelov Street No. 27, email address: firstname.lastname@example.org
Before accessing the Services, the Customer agrees to these General Terms and Conditions. Agreeing to the Terms and Conditions is a mandatory condition for accessing the Services. If You are a person accepting these General Terms and Conditions on behalf of the Customer, You represent and warrant that:
- You have full legal authority to bind the Customer to these General Terms;
- You have read and understood the General Terms and Conditions and;
- You agree on behalf of the Customer to the General Terms.
For the purposes of these General Terms and Conditions, the terms below shall be understood in the following sense:
Website – www.conformally.com and all its subpages.
Services – All functionalities, tools, functions and algorithms offered and described on the Site, including but not limited to internal and external applications, integrations, automations, data storage, user accounts, as well as all other online resources on the Site.
Module – A set of Services, set apart for individual use, available on the Site
Data – Any information or data entered, uploaded, submitted, stored, sent or received through the Services by or to the Customer or its Users.
Subscription – A term or indefinite contract between Conformally and the Customer to provide access to the Services in return for payment of a Subscription Fee.
Subscription Fee – The total amount of all Services ordered by the Customer for the subscription period chosen by him.
User – A person whom the Customer has authorized to use the Services. A user within the meaning of these General Terms and Conditions is NOT a user within the meaning of the PPA.
Administrator/Admin – A User selected by the Customer who administers the Services for the Users on behalf of the Customer, including creating, modifying and removing Users and managing their access and data.
SERVICES AND CONCLUSION OF CONTRACT
- Through the Site, Conformally offers to the Customer access to the Services.
- The specifications and parameters of the Services are described on the Site or in an offer individually sent to the Customer.
- Through the Site, the Customer may purchase a Subscription to access the Services. The contract between the Customer and Conformally is considered concluded at the time of registration on the Site and acceptance of these General Terms and Conditions.
- The Customer can purchase a Subscription to access the Services after individual negotiation. In these cases, the contract between the Client and Conformally is considered concluded at the moment of agreement on the essential elements of the contract – prices and features of the Services.
Consent to conclude a contract can be in written or electronic form, including email, as well as pressing an electronic button on a page with content that is filled in or selected by the Client or ticking a field (check box) on the Site, etc. similar to the extent that the statement is recorded in a technical manner that makes it possible to reproduce it. Conclusive actions such as starting to use the provided services, paying an invoice, etc. are also considered as consent to conclude a contract.
- In the event that an individual contract for the provision of services is concluded between the parties, it shall take precedence over these General Terms and Conditions.
- The Customer may enter into a Contract with Conformally as an individual or as a representative of a legal entity. If the Customer has provided invoicing data or otherwise acted as a representative of a legal entity, the contract is deemed concluded with the legal entity. If, for any reason, the legal entity is not bound by the actions of the Client – a natural person, he is considered a party to the contract in his personal capacity.
- Providing access to the Services requires payment of a monthly or annual Subscription Fee, based on the Subscription selected by the Customer.
The subscription fee is that specified on the Site or in the individual offer sent to the Customer, except in cases of obvious error.
- All Subscription Fees are stated in Bulgarian leva (BGN) and do not include VAT, unless expressly stated otherwise.
- Conformally reserves the right to change the Subscription Fees at any time and without notice, as long as such changes do not affect orders already placed and already existing Subscriptions.
- Conformally may provide discounts on Subscription Fees, in accordance with Bulgarian legislation and rules determined by Conformally. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, promotional codes, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey). Different discounts cannot be combined when ordering and purchasing the same Subscription, unless expressly stated otherwise.
- In order to access the Services, the Customer undertakes to purchase a Subscription and pay a Subscription Fee.
- For each Subscription Fee due, Conformally shall provide Customer with a duly issued invoice.
- The Customer undertakes to pay each Subscription Fee within the payment term specified in the invoice.
- The Customer may pay any Subscription Fee by credit or debit card or by bank transfer.
- If the Customer chooses to pay by credit or debit card, the Customer may authorize their bank card to be automatically charged for each subsequent
- Subscription Fee until their authorization is withdrawn.
If the Customer chooses a payment method involving a third party payment service provider, you may be bound by the terms and conditions and/or fees of such third party.
- Conformally is not responsible if a payment method involving a third-party payment service provider is unavailable or otherwise malfunctions for reasons beyond Conformally’s fault.
- For some Services, Conformally may offer the Client free access for a limited period (hereinafter referred to as the “Free Trial”), based on the terms specified for the relevant Service.
- The Free Trial starts from the moment of successful registration of the Customer and his agreement with the present General Terms and Conditions.
- The trial version is for a period of two weeks (fourteen calendar days), unless a different period is expressly stated.
- After the Free Trial expires, the Customer’s access is terminated and the Customer’s Data is deleted, unless the Customer purchases a Subscription.
RULES OF USE
- The Customer warrants and is responsible that all its Users are aware of and agree to these General Terms and Conditions of Use.
- Customer warrants and undertakes that:
- the use of the Services by him and his Users is in accordance with these General Terms
- will use reasonable efforts to prevent and terminate any unauthorized use of or access to the Services
- will notify Conformally immediately if it becomes aware of any unauthorized use of the Services.
- The Customer warrants and is responsible that all Users have given their necessary consent to be registered on the Site and to receive communication from Conformally.
- The Customer warrants and is responsible that the Data entered by him on the Site has been properly and lawfully collected.
- Users have the right to upload files through the Site interface. Unless otherwise provided, each User has the right to upload files up to a total size of 10 GB.
- The purchase of additional cloud space is carried out through the interface of the Site or after individual negotiation.
The user undertakes and warrants that he has the necessary authority and permissions to upload and download the files he chooses.
- The files uploaded by the User must necessarily meet the requirements described in the relevant form, including but not limited to size, number of files, etc.
- The User is not allowed to upload files that in any way may cause harm to Conformally, including but not limited to delaying or blocking the operation of the Site, compromising data stored on the Site, etc. In case of violation of the above point, the User is fully responsible for the property and non-property damages caused to Conformally and its customers.
- Through the Site, Conformally offers access to its privacy compliance and document management platform (hereinafter referred to as Conformally Copilot).
- The Customer may purchase a Conformally Copilot Subscription only after receiving an individual offer from Conformally and its terms and specifications.
- When requesting an individual offer, the Client undertakes to provide complete, true and accurate information about its activity to Conformally.
- All documents in the Conformally Copilot are created solely for the individual use of the Client and use the information entered by the Client.
- Each Customer is solely liable for entering correct, complete and accurate information. Failure to fulfill this obligation cannot engage the liability of Conformally.
- Through the Site, Conformally offers access to its document automation platform through which the Client can create documents automatically.
- The site offers various functionalities and templates for the automatic creation of documents that are used by the User in the state in which they are “as is”, and the same undertakes and is responsible for checking, reviewing and approving the final version of each created document.
- Conformally reserves the right, at its discretion, to terminate access to the creation of one or more automated documents.
- Through the Site, Conformally only provides the service of automatic creation of documents and is not responsible in any way for their content, essence, fidelity, topicality, legality, as well as any possible relationship arising between the Client and third parties.
TERMINATION AND CANCELLATION OF AGREEMENT
- Each Subscription continues for the period agreed between the Customer and Conformally covered by the subscription fee paid or payable.
After the expiration of the period of each term Subscription, the same conditions automatically continue for an additional period of the same duration as the previous one, and Conformally undertakes to notify the Client at least 10 working days before the expiration of the Subscription.
Customer may terminate its perpetual Subscriptions, without penalty or charge, by providing a valid one month’s notice to Conformally.
- Conformally has the right, at its discretion, without notice, to unilaterally terminate the contract in the event that it finds that the Services are being used in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria or generally accepted moral norms. Upon establishing a violation under this point, Conformally has the right to demand early all remaining installments until the end of the term of the contract concluded between the parties.
- The customer has the right to terminate the contract unilaterally, only in case of material non-fulfillment of obligations by Conformally, such as lack of access to the Services for more than 3 consecutive business days.
In the event of a delay in the payments due by the Client, which exceeds the total net amount of two subscription installments, Conformally has the right to limit or terminate the access of the Client and its Users, as well as to demand early all remaining installments until the end of the contract concluded between the parties.
- Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated when Conformally ceases to operate or cease to maintain its website.
- Any notice that meets the following conditions is considered valid:
- The notice was sent by an Administrator, an official representative of the Client or another person who has the proper authority.
- The notice is in writing (letter, email or other traceable form of communication).
- The notice is sent to Conformally’s official address or email as defined in these General Terms and Conditions.
- In the event that the Client uses the automatic functionality of the Site to terminate his Subscription with Conformally (https://conformally.com/terminate), then the notice is considered valid and duly served at the time of confirmation by the Client.
- Notices given by telephone, during a meeting, or during any other type of oral communication shall not be considered valid or properly given.
- Conformally uses the best and practices and processes for the development of the Site, the Services and their maintenance.
- Conformally undertakes to periodically check and review the Site and Services and promptly correct any errors, bugs and malfunctions found.
The customer undertakes to inform Conformally of any errors, bugs or malfunctions he finds.
- Conformally undertakes, at its own expense, to remedy the defects found by the Client in an adequate and reasonable time, consistent with their importance and significance. After the elimination of a malfunction, Conformally undertakes to notify the Client, and the latter has the right to review, object or accept the malfunction in question as eliminated. If the Client does not object to Conformally within 10 working days after receiving notification of its removal, then the same shall accept the malfunction in question as removed without objection.
- Conformally undertakes to offer standard support for the Services and the Site with each Subscription. Standard support includes the following service levels:
- Communication via email, chat or contact form.
- Responses to inquiries and complaints within 5 working days.
- The customer can individually negotiate and purchase a higher level of support: Preferential or Premium Support.
- Preferential Support offers faster and preferential service. Customers using preferential support are served with priority over those using standard support and receive the following levels of service:
- Communication via phone, email, chat or contact form
- Responses to inquiries and complaints within 3 working days
- Premium support offers the fastest and most advantageous service. Premium Support customers are served with priority over all others and receive the following levels of service:
- Communication via phone, email, chat or integration with the
- Customer’s communication channels
- Responses to inquiries and complaints within 1 business day
- Personal account manager
- Any User may allow a Conformally representative to access their account by enabling remote access functionality for the purpose of providing remote support. To ensure security, remote access is disabled at 00:00 each day.
- Conformally may provide an onboarding service to the Customer in which a Conformally representative may enter, on behalf of the Customer, the information provided by the Customer after receiving proper authorization to access the account. The customer undertakes to immediately notify Conformally if any inaccuracy is found in the entered information. In the event that you do not do so, the information entered is deemed to be accurately entered and the service by default is deemed to be fully provided. The initial setting may be recorded in order to preserve the rights and interests of the parties.
- Conformally can provide services for automatic creation of documents based on forms pre-set by the Client, as well as the development of additional functionalities of the Site. All such services are performed only through additional terms and pricing sent by Conformally to the Client.
Upon updating the Site, the Services or other updates, Conformally reserves the right to transfer and/or migrate the affected data, information and documents. In this case, any newly entered and/or migrated information in the Client’s profiles is marked as entered by Conformally.
- Conformally reserves the right to delay or refuse to provide support when:
Customer has not paid all subscription fees due or is in arrears.
The customer has breached his obligations and responsibilities under these General Terms and Conditions.
CORRESPONDENCE AND COMMUNICATION
- In order to fulfill its obligations and responsibilities described in these General Terms and Conditions, Conformally may send messages to the Client, its Users and Administrators.
- The Customer undertakes to maintain on the Site up-to-date email addresses of each User and Administrator and to periodically check the same for sent communication or messages from Conformally.
- All communications sent to an Administrator or Customer User shall be deemed duly served upon receipt.
- All communications sent to the Client’s Administrator are binding on the Client, including all notices and notifications provided under these General Terms.
Conformally reserves the right to refuse or ignore any communication not sent by an Administrator, User or official representative of the Client.
PERSONAL DATA AND INFORMATION
Where Conformally processes personal data as a data processor on behalf of the customer as a data controller the applicable standard contractual clauses shall apply:
These Standard Contractual Clauses form part of the Agreement between Conformally and the Customer.
AMENDMENT OF TERMS AND CONDITIONS
- Conformally may change these Terms and Conditions from time to time and undertakes to do so ava to publish all the changes made at https://conformally.com/terms/.
- Conformally undertakes to notify the Client of any change in these General Terms and Conditions within 14 days of the occurrence of this circumstance.
- In the event that the Client does not agree with the amendments to the General Terms and Conditions, the same has the right to terminate his Subscription with Conformally without giving a reason and without owing compensation or penalty. In order to exercise this right, the Client must notify Conformally within 14 days of receiving the message under the previous paragraph.
- In the event that the Client does not exercise his right to terminate his Subscription in the manner stipulated in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the Client without objection.
INTELLECTUAL PROPERTY AND PERSONAL DATA
- Customer owns all intellectual property rights in its Data and Conformally owns all intellectual property rights in the Services.
- Neither party grants any rights to the other party’s content or any intellectual property of the other party, except as expressly stated in these Terms and Conditions.
- The intellectual property rights in all materials and resources located on the Conformally website (including available databases) are subject to protection under the Copyright Act and related rights, belong to Conformally or the appropriate designated assignee of Conformally, and may not be used in violation of applicable law.
- Conformally owns the copyright to all automations created, whether personal or publicly available, unless otherwise expressly agreed.
In the case of unauthorized copying or reproduction of information, as well as any other infringement of intellectual property rights on Conformally’s resources, Conformally has the right to claim compensation for direct and indirect damages suffered in full.
- Except as expressly agreed, the Client may not reproduce, modify, delete, publish, distribute and otherwise publicize the information resources published on the Conformally website.
- Conformally reserves the right, at its sole discretion, to delete information resources and materials posted on its site.
Conformally is not responsible for any damages arising from incorrectly entered information or from the Customer’s use of the Services.
The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any other parts thereof. The invalid clause will be superseded by the mandatory rules of law or established practice.
The provisions of the current legislation of the Republic of Bulgaria apply to all issues not settled by these General Terms and Conditions.