Terms of Service

These Terms of Service ("Terms") govern access to and use of Dilmach, provided by ALBOSSE EOOD ("Dilmach", "we", "us", "our"). By creating an account or using Dilmach, the customer and its authorised users agree to be bound by these Terms.

• "Services" means the Dilmach CRM, workspace, task-management and related functionality made available by Dilmach.
• "Customer" means the organisation or individual that has entered into an agreement to use the Services.
• "Customer Content" means data, content and information submitted to the Services by or on behalf of the Customer, including CRM records, contacts, leads, deals, tasks, notes, communications and files.
• "Authorised User" means an individual authorised by the Customer to access the Services under the Customer's account.

You must have the legal capacity to enter into a binding agreement to use the Services. The Services are intended for business use.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised use.

The Customer is responsible for:

• the accuracy and lawfulness of Customer Content submitted to the Services;
• obtaining any consents or notices required for personal data submitted as Customer Content;
• configuring the Services appropriately for its use case; and
• the actions of its Authorised Users.

You agree not to use the Services to:

• violate applicable law or third-party rights;
• transmit malware or engage in unauthorised access;
• submit special categories of personal data except where necessary, lawful and safeguarded; or
• interfere with the integrity, security or performance of the Services.

Customer Content remains the property of the Customer. Dilmach processes Customer Content only as necessary to provide, secure, maintain and improve the Services, subject to these Terms, the applicable Data Processing Agreement, and applicable law.

Customer retains its rights in Customer Content. Nothing in these Terms transfers ownership of Customer Content to Dilmach.

The Customer grants Dilmach the limited rights necessary to host, store, transmit, display and otherwise process Customer Content solely as necessary to provide, secure, maintain and improve the Services, subject to the Agreement and applicable law.

Dilmach and its licensors retain all right, title and interest in and to the Services, including all related intellectual property rights, excluding Customer Content. Subject to these Terms, Dilmach grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services for its internal business purposes during the subscription term.

The Services may integrate with or rely on third-party infrastructure providers (see our Subprocessors page) and may allow integration with third-party applications. Dilmach is not responsible for third-party services not controlled by Dilmach.

Dilmach currently offers the following plans:

• Free — a non-paid plan with no recurring charge.
• Pro — a paid subscription plan billed annually.
• Premium — a paid subscription plan billed annually.
• Enterprise — available on a custom basis and may be subject to individually agreed pricing, features, limits, support arrangements and contractual terms. Enterprise customers may enter into a separate agreement with Dilmach governing the applicable commercial and service terms, which will govern to the extent it conflicts with these Terms.

Current pricing and plan features are presented through the applicable pricing or billing interface within the Services and are subject to these Terms. Paid subscriptions (Pro and Premium) are processed through Stripe. By subscribing to a paid plan, you authorise Dilmach, through Stripe, to charge the applicable subscription fee to your chosen payment method on a recurring annual basis until the subscription is cancelled. Full payment card details are entered directly with Stripe and are not received or stored by Dilmach.

Plan features and limits may be changed prospectively where legally permitted. We will inform Customers of material changes to their plan where required by applicable law or the applicable customer agreement. We do not currently apply a separate refund policy beyond what is stated in these Terms or in the applicable order form; where no refund policy is stated, statutory consumer-protection rights that cannot be waived under applicable law are not affected.

Dilmach may offer trial or free-tier access to the Services, including the Free plan described above. Trial and free-tier terms, including any limitations and duration, are as described at signup or in the applicable plan documentation within the Services.

We may modify or discontinue features of the Services from time to time. We will use reasonable efforts to provide notice of material changes that significantly reduce functionality relied upon by existing Customers.

We aim to provide reliable access to the Services but do not guarantee uninterrupted availability. Any service-level commitments are as set out in the applicable order form or customer agreement.

Support is available at support@dilmach.com. Specific support scope and response times, if any, are as set out in the applicable customer agreement. Personal support is included with Pro, Premium and Enterprise plans as described in the applicable plan documentation.

We maintain technical and organisational measures designed to protect the Services and Customer Content, as described in our Security page. Security is a shared responsibility between Dilmach, our infrastructure providers, and Customers.

Our processing of personal data is described in our Privacy Policy.

Where Dilmach processes personal data on the Customer's behalf as a processor, the terms of our Data Processing Agreement apply and are incorporated into these Terms.

Each party agrees to protect the other party's confidential information using no less than reasonable care, and to use such information only as necessary to perform its obligations under these Terms.

We may suspend access to the Services where reasonably necessary to prevent harm to the Services, other customers, or third parties, or in the event of a material breach of these Terms, subject to reasonable notice where practicable.

Either party may terminate an agreement for the Services in accordance with the termination provisions of the applicable customer agreement. A Customer on the Free plan may stop using the Services and close its account at any time. A Customer on a paid plan may cancel its subscription at any time; cancellation takes effect at the end of the then-current annual billing period unless otherwise stated in the applicable order form.

Following termination, Customers will have a reasonable opportunity to export Customer Content, after which it will be deleted in accordance with our Data Retention principles and the applicable Data Processing Agreement.

Except as expressly stated in the applicable customer agreement, the Services are provided "as is" and "as available" without warranties of any kind, to the maximum extent permitted by applicable law.

To the extent permitted by applicable law, neither party excludes or limits liability for matters that cannot lawfully be excluded or limited, including death, personal injury, fraud, or gross negligence where applicable. Beyond such non-excludable liability, any applicable cap or exclusion of liability for the Services will be set out in the applicable order form or customer agreement between the Customer and Dilmach.

Indemnification obligations, if any, are as set out in the applicable customer agreement.

The governing law applicable to these Terms will be specified in the applicable order form or customer agreement between the Customer and Dilmach. Absent a different specification in such an agreement, nothing in these Terms is intended to override any mandatory consumer-protection or data-protection rights that cannot be waived under the law applicable to the Customer.

Any dispute arising out of or relating to these Terms will first be addressed through good-faith discussions between the parties. Any additional dispute-resolution mechanism, including venue or arbitration requirements, will be set out in the applicable order form or customer agreement.

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above and, where required, communicated to affected Customers.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy, Data Processing Agreement and any applicable order form, constitute the entire agreement between the parties regarding the Services.

Questions about these Terms can be directed to legal@dilmach.com.