TERMS AND CONDITIONS

1. DEFINITIONS

In this document, the following terms will have the following meanings:

• 1.1. Services - Online services in the form of subscriptions or free (under certain conditions), made available to clients by BE SMARTDEV S.R.L. through the website metricbiz.ro, through which they obtain access to aggregated public, economic, and legal information from public sources. Through these aggregated information, the user will be able to:
  • Verify information about legal entities in Romania and have reports generated in this regard;
  • Monitor economic activity with alerts of legal entities in Romania;
  • Perform statistics and comparative studies regarding economic information of legal entities in Romania, chosen by the user;
  • Compare financial indicators for legal entities in Romania;
• 1.2. Newsletter – An electronic newsletter sent periodically by the site owner to users who have explicitly agreed to receive it. The newsletter contains news, relevant information about the owner's activity, projects, products, and services offered;
• 1.3. User – Any natural person or representative of a legal entity (associate, shareholder, administrator, director, etc.) who accesses and views the site's content. Users can navigate the site without the need to create an account. Navigating the site implies acceptance of the provisions of this document. Certain sections of the site may be accessible only to registered users.
• 1.4. Potential Client – Legal person/person conducting economic activity or student who creates an account on the site and tests the services offered for a limited period for free. The purpose of the free trial period is to allow potential clients to evaluate the services before deciding to purchase a subscription. During the trial period, access to the platform's functionalities may be limited.
• 1.5. Order – A firm request to purchase a service available on the site, made by a client. The order is considered finalized upon payment confirmation. The client will receive an order confirmation via email, which will contain details about the purchased services and how to access them.
• 1.6. Free Period – Upon creating an account, the user benefits from a period of free access to the platform, receiving a limited number of credits (in this case, 5 credits). Access to the platform's functionalities is limited during the free period. Credits can be used to access certain services or functionalities of the platform. After exhausting the credits, the user can purchase a subscription to continue using the services.
• 1.7. Contract – The legal agreement between the site owner and the client, through which the client obtains access to the online services offered, in exchange for a payment. The services include access to public, economic, and legal information, aggregated in an online platform. The contract is considered concluded upon payment and acceptance of the Terms and Conditions. The contract is governed by the Electronic Commerce Law no. 365/2002 and the provisions of this document. The owner undertakes to provide the services in accordance with the description on the site and the contractual terms.
• 1.8. Acceptance of the contract – The contract comes into force when the owner receives the order and proof of payment, regardless of whether they have explicitly acknowledged it.
• 1.9. Duration of the contract – The subscription contract has an initial duration of one month or another period specified in the offer accepted by the client. The contract comes into force on the date of acceptance of the offer. It automatically renews for successive periods equal to the initial duration if the client purchases a new subscription.

2. PURCHASING SERVICES

• 2.1. To purchase the services from the site, once you select them, you will not be able to proceed further in the purchase process unless you confirm that you have read and fully accepted the contractual clauses.
• 2.2. The price of the services offered is displayed on the Site and can be changed at any time, without affecting purchases already made.
• 2.3. All payments are processed through the payment platform, a third-party company that will process the card payment.
• 2.4. Once the payment has been processed and confirmed, you will receive a response via the email address provided in the billing section.

3. CONDITIONS OF USE BY USERS

• 3.1. The User is responsible for all accesses, purchases, or visits made on the site.
• 3.2. Users must be of legal minimum age to enter into contracts in accordance with applicable law.
• 3.3. Users agree to use the Site in accordance with these Terms, applicable law, and good morals.
• 3.4. It is prohibited to use the Site or the services offered for illegal, fraudulent, or harmful purposes against the Owner, as well as for the purpose of disrupting their normal operation.
• 3.5. Users are not allowed to upload, post, or transmit through the Site any illegal, defamatory, obscene, threatening, abusive content, or content that incites hatred or discrimination, or that infringes the intellectual property rights of third parties.
• 3.6. The Owner reserves the right to suspend or close the Account of any User who violates these Terms or who has behavior deemed inappropriate.
• 3.7. The Owner is not responsible for the content or actions of Users on other platforms or websites, even if they are accessed through the Site.
• 3.8. Furthermore, the User agrees:
  • a) to provide true, accurate, current, and complete information about themselves, and
  • b) if they provide any information that is false, inaccurate, or incomplete, or the Owner suspects that such information is false, inaccurate, or incomplete, the Owner has the right to refuse any request and/or not to process requests, at their sole discretion.
• 3.9. By using the site, the User agrees to the collection and use (as presented in the Data Protection Notice) of certain information about the User, including the transfer of this information for storage, processing, and use by the Owner.

4. CODE OF CONDUCT APPLICABLE FOR THE USE OF THE WEBSITE

To protect intellectual property rights and ensure the proper functioning of the Platform, the Client undertakes to comply with the following restrictions, under penalty of immediate interruption of access to the Services without prior notice, the obligation to pay damages for contract termination, and to cover any damages caused:

• 4.1. The Client is not entitled to resell the information obtained through the Services, either in whole or in part. Also, they are not allowed to facilitate access to this information to third parties, either for a fee or free of charge. Example: The Client cannot create a website that offers access to the information from the platform to other users.
• 4.2. The Client is not entitled to use the information obtained through the Services to create their own financial products or services. Example: The Client cannot use data from the platform to create a trading algorithm or a risk analysis model.
• 4.3. The Client is obliged to make all reasonable efforts to protect the information obtained through the use of the Services and not to disclose it to third parties. Example: The Client must secure their account and not share authentication data with others.
• 4.4. The Client is not entitled to modify, distribute, transmit, publicly display, reproduce, license, create derivative products, transfer or sell information or services obtained by reproducing, modifying, or displaying the content of the platform without the written consent of the owner. Example: The Client cannot copy articles or reports from the platform and publish them on another website.
• 4.5. The Client is not entitled to remove or modify copyright notices or trademarks associated with the Services.
• 4.6. The Client is not entitled to use the Services to create, transmit, or receive illegal, obscene, abusive, vulgar, defamatory, offensive, threatening materials or materials that infringe intellectual property rights. Example: The Client cannot send spam or threatening messages through the platform.
• 4.7. The Client is not entitled to attempt to circumvent the security measures of the Platform or to exploit technical vulnerabilities. Example: The Client cannot attempt to access other users' accounts or obtain unauthorized access to platform data.
• 4.8. The Client is not entitled to use the Services in a way that harms the owner's interests, such as engaging in cracking, hacking, denial of service attacks, introducing viruses or other malware.
• 4.9. The Client is not entitled to modify headers or identifiers (including URLs) to conceal the origin of data transmitted through the platform.
• 4.10. The Client is not entitled to create or use software applications that violate the provisions of the Contract or the platform's policies.

5. LIMITATION OF SITE LIABILITY

• 5.1. The Owner makes every effort to ensure the correctness and timeliness of the information presented on the Site but does not guarantee that it is complete, accurate, or error-free.
• 5.2. The Owner does not assume responsibility for any direct or indirect damages, including but not limited to financial losses, data loss, or damage to reputation, that may result from the use of the Site, the inability to use it, or errors or omissions in its content.
• 5.3. The Owner does not guarantee that the Site will be continuously available or without interruptions, that it will operate without errors, or that it will be compatible with all devices or web browsers.
• 5.4. The Owner is not responsible for the content or actions of Users on other platforms or websites, even if they are accessed through the Site.
• 5.5. The Owner is not responsible for any damages caused by computer viruses, malware, or other cyber attacks that may affect Users' devices as a result of accessing the Site or downloading materials from it.
• 5.6. To the extent permitted by applicable law, the total liability of the Owner to Users, regardless of the legal basis, is limited to the amount paid by the User for purchasing the Subscription.
• 5.7. Given the technological and legislative limitations at this time, accessing this site represents the users' declaration of acceptance of the limitations of the services offered as explained in this document.
• 5.8. Users understand and accept that the owner is absolved of any liability in the event of any stoppage, interruption, slowdown, malfunction, or errors in the operation of the site, in the event of any technical error of any kind or any errors in providing the Service.
• 5.9. Expressly, Users understand and accept that the owner is absolved of any liability for any kind of direct or indirect damages, including but not limited to loss of profit, goodwill, or other intangible losses resulting from the use of the Service or any other aspect related to the Service, as well as from the use of the Site's Content in any way or any legal effects deriving from it.
• 5.10. In cases of force majeure, the site owner is completely exonerated from liability. Cases of force majeure include, but are not limited to, technical equipment malfunctions, lack of internet connection functionality, computer viruses, any kind of cyber attacks, interference with malicious software programs, unauthorized access to the site's systems, operating errors, strikes, etc.

6. INTELLECTUAL PROPERTY

• 6.1. All information that makes up the site metricbiz.ro (images, text, audio elements, graphic elements, software elements, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented, etc.) belong solely to the owner, who holds copyright over all the information.
• 6.2. Use without the site owner's consent of any of the elements listed above is punishable under current legislation and will entitle the owner to recover the entire damage from the responsible person.
• 6.3. For notifications regarding copyright or trademark infringement, we request that you communicate them to us at the email address contact@metricbiz.ro.

7. PERSONAL DATA PROTECTION

According to the requirements of European Regulation 2016/679 for the protection of individuals regarding the processing of personal data and the free movement of such data, the site owner provides data subjects with an Information Notice regarding the processing of personal data.

8. GOVERNING LAW

Any dispute arising from or in connection with the use of the site, the materials presented on it, as well as in connection with the services accessed through this site, will be resolved amicably or, if this is not possible, the disputes will be settled by the competent courts in the Municipality of Suceava.

9. ACKNOWLEDGMENT AND MODIFICATIONS OF THE PROVISIONS

• 9.1. The site owner may modify the Contractual Terms at any time by publishing the modified terms on this site. It is the users' responsibility to consult this document before purchasing services. In the event that we modify the provisions of this contract, we are not obliged to communicate these changes to each user.
• 9.2. Using the site even after modifying some clauses of this contract means that they have been acknowledged and are accepted as modified.
• 9.3. By continuing to use the site after the changes become effective, users accept and agree to be subject to the new contractual provisions.
• 9.4. If any provision of the document is invalidated for any reason, it will not lead to the cancellation of the entire contract so that the remaining contractual provisions in force will continue to produce effects.
• 9.5. Except in cases where we expressly specify otherwise, the modification of the provisions is of immediate applicability. If the site continues to be used, the User's acceptance will be considered as being expressly manifested.
• 9.6. In the event of a divergence arising in connection with the published version of the document, the latest published version applies.

10. CONTACT

If you wish to contact us, you can do so at the email address contact@metricbiz.ro.

11. LINKS TO OTHER SITES

• 11.1. The site may provide access links to a third-party site/platform, in which case the Site Owner is not responsible for the availability and content of the accessed site.
• 11.2. In this regard, any person accessing a link from the site will be subject to the terms of use of the respective site/platform.

This document is valid from 01.11.2024.