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1. Introduction and Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the software platform dunDesk, available at dundesk.com (the "Service"), operated by SC Simplix QWERTY SRL, a company registered in Romania under trade registry number J10/25/2017, fiscal identification code (CUI) 36902772, with its registered office at Str. Scolii 64A, Plesesti, com. Berca, jud. Buzau, Romania (the "Company", "we", "us").
By creating an account, accessing, or using the Service in any way, you ("User", "you") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Service.
If you use the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
2. Beta Status of the Service
The Service is provided as a BETA version. This means that the Service is still under active development and testing. By using the Service, you expressly acknowledge and accept that:
the Service may contain errors, defects, or malfunctions and may not operate continuously or without interruption;
features and functionality may be added, modified, or removed at any time, without prior notice;
there is an inherent risk of partial or total loss of data entered into or generated within the Service; you are responsible for keeping independent backup copies of any important data;
performance, security, and stability may not correspond to the standards of a final (production) release;
the beta period may be terminated, suspended, or restricted at any time, and access to the Service may be withdrawn without prior notice;
the Service is provided for evaluation and testing purposes; any use for critical business operations is at your own risk.
Upon termination of the beta period, we may, at our discretion: (a) release a final commercial version of the Service under new terms, (b) discontinue the Service entirely, or (c) continue the beta program. Participation in the beta does not guarantee access to any final version or any specific commercial conditions.
3. Eligibility and Account Registration
To use the Service you must be at least 18 years old and have the legal capacity to enter into a binding contract. When registering an account, you agree to:
provide accurate, complete, and up-to-date information and to keep it updated;
maintain the confidentiality of your credentials (username, password, access tokens) and not share them with third parties;
notify us immediately, through the ticketing (support) system available within the Service, of any unauthorized use of your account or any security breach;
be fully responsible for all activity carried out through your account.
We reserve the right to refuse registration, or to suspend or terminate accounts, at our sole discretion, particularly in cases of violation of these Terms.
4. License and Right of Use
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service, solely during the beta period and solely for its intended purpose.
This license does not grant you any right to: (a) copy, modify, adapt, translate, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by mandatory law; (c) sell, rent, lease, sublicense, or otherwise commercially exploit the Service; (d) remove or alter any proprietary notices or marks.
5. Acceptable Use
You agree not to use the Service to:
violate any applicable law or regulation, or the rights of any third party;
upload, store, or transmit content that is illegal, defamatory, obscene, threatening, harassing, or that infringes intellectual property rights or privacy rights;
transmit viruses, malware, or any other harmful code;
attempt to gain unauthorized access to the Service, other users' accounts, or the systems and networks connected to the Service;
interfere with or disrupt the operation of the Service, including through denial-of-service attacks, excessive automated requests, scraping, or load testing without our prior written consent;
use the Service to develop a competing product or service, or to systematically extract data or functionality;
impersonate any person or entity, or misrepresent your affiliation with any person or entity.
We reserve the right to investigate any suspected violation and to take any measures we consider appropriate, including removing content, suspending or terminating accounts, and reporting to the competent authorities.
6. User Content and Data
You retain all rights over the data, files, and content that you upload, enter, or generate in the Service ("User Content"). You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, and display User Content strictly to the extent necessary to provide, maintain, secure, and improve the Service.
You are solely responsible for the legality, accuracy, and quality of your User Content and warrant that you hold all rights necessary to use it within the Service.
Given the beta nature of the Service, we do not guarantee the preservation, availability, or integrity of User Content. We strongly recommend that you export and back up your data regularly. Upon termination of the beta or of your account, User Content may be permanently deleted after a reasonable period, unless the law requires otherwise.
7. Feedback
An essential purpose of the beta program is collecting feedback. Any suggestions, ideas, bug reports, improvement proposals, or other observations you provide regarding the Service ("Feedback") may be used by the Company freely, without restriction and without any obligation of compensation, attribution, or confidentiality, including for developing and improving the Service or other products. You assign to the Company, to the maximum extent permitted by law, all rights over such Feedback.
8. Intellectual Property
The Service, including but not limited to source code, object code, architecture, databases, design, interfaces, texts, graphics, logos, and trademarks (including the name dunDesk), is and remains the exclusive property of the Company or its licensors, being protected by intellectual property law. No provision of these Terms shall be construed as a transfer of any intellectual property right to you, other than the limited right of use described in Section 4.
9. Third-Party Services
The Service may integrate with or contain links to services, applications, or content provided by third parties. Such services are governed by the terms and privacy policies of those third parties, and the Company is not responsible for their availability, content, or practices. Your use of third-party services is at your own risk.
10. Fees
During the beta period, access to the Service is provided free of charge, unless expressly agreed otherwise in writing. We reserve the right to introduce paid plans, subscriptions, or usage-based fees for the final version of the Service or for later stages of the beta program. No fees will be charged without your prior express agreement. Free access during the beta does not create any right to free access to any future version of the Service.
11. Availability, Modification, Suspension, and Termination
We do not guarantee any level of availability of the Service during the beta period (no SLA applies). We may, at any time and without liability:
modify, restrict, suspend, or discontinue the Service, in whole or in part, temporarily or permanently;
perform scheduled or unscheduled maintenance;
limit the number of users, storage volumes, or usage levels.
You may stop using the Service and request account deletion at any time, through the ticketing (support) system available within the Service. We may suspend or terminate your access immediately, with or without notice, in case of violation of these Terms or where required by law. Sections which by their nature should survive termination (including Sections 7, 8, 12, 13, 14, and 17) shall so survive.
12. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted, error-free, or secure operation. You use the beta Service entirely at your own risk.
13. Limitation of Liability
To the maximum extent permitted by applicable law:
the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with the use of, or inability to use, the Service;
the Company's total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount actually paid by you for the Service in the 12 months preceding the event giving rise to liability or, if no amount was paid, the equivalent of 100 RON.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory law (such as liability for damage caused by intent or gross negligence).
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its administrators, employees, and collaborators from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service in violation of applicable law or the rights of third parties.
15. Personal Data
The processing of personal data in connection with the Service is described in our Privacy Policy (GDPR), available within the Service and at dundesk.com, which forms an integral part of the contractual framework between you and the Company. By using the Service you acknowledge that you have read the Privacy Policy.
16. Changes to These Terms
Given the beta nature of the Service, these Terms may be updated periodically. In case of material changes we will notify you through the Service or by e-mail, and the continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service.
17. Governing Law and Jurisdiction
These Terms are governed by Romanian law. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the competent courts from the registered office of the Company, unless mandatory legal provisions (including those protecting consumers) provide otherwise. If you are a consumer, you may also use the European Online Dispute Resolution platform (ec.europa.eu/odr) or address the National Authority for Consumer Protection (ANPC).
18. Miscellaneous
Entire agreement: These Terms, together with the Privacy Policy, represent the entire agreement between you and the Company regarding the beta Service.
Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. The Company may assign these Terms in the context of a reorganization, merger, or transfer of business.
No waiver: The failure to exercise any right under these Terms does not constitute a waiver of that right.
Language: These Terms are available in Romanian and English. In case of discrepancies, the Romanian version shall prevail for users in Romania.
19. Contact
Communication with the Company regarding the Service is carried out primarily through the ticketing (support) system available within the application, which is the official support and contact channel for the Service.
Company identification details:
Company: SC Simplix QWERTY SRL, CUI 36902772, Trade Registry No. J10/25/2017
Registered office: Str. Scolii 64A, Plesesti, com. Berca, jud. Buzau, Romania
Website: www.simplix.ro
1. General Information
This Privacy Policy describes how SC Simplix QWERTY SRL, a company registered in Romania under trade registry number J10/25/2017, fiscal identification code (CUI) 36902772, with its registered office at Str. Scolii 64A, Plesesti, com. Berca, jud. Buzau, Romania (the "Company", "we", "us"), collects, uses, stores, and protects personal data in connection with the software platform dunDesk, available at dundesk.com (the "Service").
For the purposes of Regulation (EU) 2016/679 ("GDPR") and applicable Romanian data protection legislation, the Company acts as a data controller with respect to the personal data of the Service's users. Where users upload or process personal data of third parties within the Service (e.g., data of their own clients), the Company acts as a data processor on behalf of the respective user, who remains the controller of that data.
This Policy applies to all users of the Service, including during the beta period. Please read it together with the Terms of Service.
2. Categories of Personal Data We Process
Depending on how you use the Service, we may process the following categories of personal data:
Account and identification data: name, surname, e-mail address, username, password (stored in encrypted/hashed form), and, where applicable, telephone number, company name, position, and other details provided at registration or in your profile;
Communication data: the content of messages and requests submitted through the ticketing (support) system available within the Service, together with the related metadata (date, time, status);
Technical and usage data: IP address, browser type and version, operating system, device type, language settings, pages accessed, actions performed within the Service, timestamps, error logs, and security logs;
Cookie and similar-technology data: as described in Section 8;
Content data: personal data that may be contained in the files, records, or content you upload or generate within the Service ("User Content"). For such data, you act as controller and we act as processor;
Feedback data: information contained in bug reports, suggestions, or evaluations submitted during the beta program.
We do not intentionally collect special categories of data (e.g., health data, biometric data, data revealing racial or ethnic origin, political opinions, or religious beliefs), unless you voluntarily include such data in your User Content, in which case you are responsible for having a legal basis to do so.
3. Purposes and Legal Bases of Processing
We process personal data for the following purposes and on the following legal bases:
Creating and managing your account, providing the Service — legal basis: performance of the contract (Art. 6(1)(b) GDPR);
Providing support through the ticketing system — legal basis: performance of the contract (Art. 6(1)(b) GDPR);
Operating, testing, debugging, and improving the beta Service, including analyzing errors, performance, and usage patterns — legal basis: our legitimate interest in developing a functional, secure, and high-quality product (Art. 6(1)(f) GDPR);
Ensuring the security of the Service, preventing fraud, abuse, and unauthorized access, maintaining security logs — legal basis: our legitimate interest (Art. 6(1)(f) GDPR) and, where applicable, legal obligations;
Communicating important information about the Service (changes to features, terms, security incidents, termination of the beta) — legal basis: performance of the contract and our legitimate interest (Art. 6(1)(b) and (f) GDPR);
Complying with legal obligations (e.g., accounting, tax, responding to requests from public authorities) — legal basis: legal obligation (Art. 6(1)(c) GDPR);
Establishing, exercising, or defending legal claims — legal basis: our legitimate interest (Art. 6(1)(f) GDPR);
Optional communications or non-essential cookies, where applicable — legal basis: your consent (Art. 6(1)(a) GDPR), which you may withdraw at any time.
We do not use personal data for automated decision-making producing legal effects or similarly significant effects on you, and we do not sell personal data to third parties.
4. Data Processed in the Context of the Beta Program
The Service is provided as a beta version, for testing and evaluation purposes. In this context:
we may process detailed technical logs and diagnostic data to identify and fix errors;
feedback and bug reports you submit may be analyzed and stored for product development purposes;
we recommend that you do not enter into the Service real personal data that is sensitive or critical, whenever test data can be used instead, given the inherent risks of a beta version (as described in the Terms of Service).
5. Recipients of Personal Data
Personal data may be disclosed, strictly to the extent necessary, to the following categories of recipients:
Service providers (processors) acting on our behalf and under our instructions, such as: hosting and infrastructure providers, e-mail delivery providers, backup and monitoring providers. These providers are contractually bound to ensure the confidentiality and security of the data;
Professional advisors (lawyers, accountants, auditors), where necessary;
Public authorities and institutions, where disclosure is required by law or necessary for the protection of rights;
Successors in the context of a reorganization, merger, or transfer of business, subject to appropriate confidentiality safeguards.
We do not disclose personal data to third parties for their own marketing purposes.
6. Transfers Outside the EU/EEA
As a rule, personal data is stored and processed on servers located in the European Union / European Economic Area. If certain providers involve a transfer of data outside the EU/EEA, we will ensure that appropriate safeguards are in place in accordance with Chapter V of the GDPR (e.g., an adequacy decision of the European Commission or the Standard Contractual Clauses), and further information can be obtained through the ticketing system available within the Service.
7. Retention Periods
We retain personal data only for as long as necessary for the purposes for which it was collected:
Account data: for the duration of the account's existence and for a reasonable period after its closure (as a rule, no more than 90 days, unless the law requires or permits a longer period);
User Content: for the duration of the account's existence; after account closure or termination of the beta program, it may be permanently deleted after a reasonable period, as described in the Terms of Service;
Support (ticketing) data: for the period necessary to resolve requests and for a subsequent period justified by service history and legal claims;
Technical and security logs: for limited periods, proportionate to security and debugging purposes;
Data subject to legal retention obligations (e.g., financial and accounting documents): for the periods required by applicable law.
Upon expiry of the retention periods, data is deleted or irreversibly anonymized.
8. Cookies and Similar Technologies
The Service uses cookies and similar technologies as follows:
Strictly necessary cookies: required for the operation of the Service (e.g., authentication, session maintenance, security, load balancing). These do not require consent;
Preference cookies: retain settings such as language or interface options;
Analytics/performance cookies, where used: help us understand how the Service is used, in order to improve it. Where legally required, such cookies are used only with your consent, which you can manage through the Service's cookie settings.
You can also control cookies through your browser settings; however, disabling strictly necessary cookies may make the Service unusable.
9. Data Security
We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction, including: encrypted connections (HTTPS/TLS), password storage in hashed form, access control and the least-privilege principle, activity logging, backup copies, and periodic infrastructure updates.
Nevertheless, please note that no system is completely secure and that, given the beta nature of the Service, the level of maturity of security measures may evolve. In the event of a personal data breach likely to result in a high risk to your rights and freedoms, we will notify you and the supervisory authority in accordance with Articles 33 and 34 of the GDPR.
10. Your Rights
Under the GDPR, you have the following rights regarding your personal data:
Right of access — to obtain confirmation as to whether we process your data and a copy of that data;
Right to rectification — to have inaccurate data corrected and incomplete data completed;
Right to erasure ("right to be forgotten") — to obtain the deletion of data, under the conditions of Art. 17 GDPR;
Right to restriction of processing — in the situations provided by Art. 18 GDPR;
Right to data portability — to receive data provided by you in a structured, commonly used, machine-readable format and to transmit it to another controller;
Right to object — to processing based on legitimate interest, on grounds relating to your particular situation;
Right to withdraw consent — at any time, for processing based on consent, without affecting the lawfulness of processing carried out before withdrawal;
Right not to be subject to automated individual decision-making, including profiling, producing legal or similarly significant effects;
Right to lodge a complaint with the supervisory authority: in Romania, the National Supervisory Authority for Personal Data Processing (ANSPDCP) — www.dataprotection.ro — as well as the right to address the courts.
To exercise these rights, please submit a request through the ticketing (support) system available within the Service. We will respond within one month of receiving the request; this period may be extended by two further months where necessary, in which case you will be informed. We may request additional information to verify your identity.
11. Children's Data
The Service is not intended for persons under the age of 18, and we do not knowingly collect personal data from minors. If we become aware that we have collected data of a minor without an appropriate legal basis, we will delete it as soon as possible. If you believe that a minor has provided us with personal data, please notify us through the ticketing system available within the Service.
12. User Content Containing Third-Party Data
Where you upload or process, within the Service, personal data relating to third parties (e.g., your own clients, collaborators, or employees), you act as controller of that data and we act as processor. In this case:
you are responsible for having a valid legal basis for the processing and for informing the data subjects;
we process such data only on your documented instructions, resulting from the use of the Service's functionalities, and only for providing the Service;
we apply the security measures described in Section 9 and do not use such data for our own purposes;
upon closure of the account or termination of the beta, such data is deleted in accordance with Section 7.
13. Changes to This Policy
We may update this Privacy Policy periodically, in particular as the Service evolves during and after the beta period. In the event of material changes, we will notify you through the Service. The current version is permanently available within the Service and at dundesk.com. We encourage you to review this Policy regularly.
14. Contact
For any questions, requests, or complaints regarding the processing of personal data, the official contact channel is the ticketing (support) system available within the application.
Controller identification details:
Controller: SC Simplix QWERTY SRL, CUI 36902772, Trade Registry No. J10/25/2017
Registered office: Str. Scolii 64A, Plesesti, com. Berca, jud. Buzau, Romania
Website: www.simplix.ro
Supervisory authority: National Supervisory Authority for Personal Data Processing (ANSPDCP), B-dul G-ral Gheorghe Magheru 28-30, Sector 1, Bucharest, Romania — www.dataprotection.ro
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