Terms & Conditions

1. Definitions

For the purpose of these Terms, the following definitions apply:

• "Nuvixy" / "we" / "us" — the operator of the Nuvixy platform.
• "Service" — the Nuvixy web application, APIs, and all associated features.
• "User" / "you" — any individual or legal entity that creates an account and uses the Service.
• "Lead Data" — any personal data about third parties (prospects, clients, contacts) that you enter into the Service.
• "Account" — your registered user account on the platform.

2. Eligibility & Age Restriction

You must be at least 18 years of age to use the Service. By using Nuvixy, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a business or organization, you further represent that you are authorized to bind that entity to these Terms.

3. Description of Service

Nuvixy is a software-as-a-service (SaaS) CRM and email automation platform that allows users to manage sales leads and schedule automated follow-up communications. The Service is provided over the internet and accessed via a web browser. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice where possible.

4. Account Registration & Security

To use the Service, you must register for an Account. You agree to:

• Provide accurate, complete, and current registration information
• Maintain the confidentiality of your login credentials
• Accept full responsibility for all activity that occurs under your Account
• Notify us immediately of any suspected unauthorized access or security breach

We will never ask for your password. Passwords are stored as irreversible hashed values and are never accessible to us in plain text.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms. You must not:

• Use the Service to send unsolicited bulk email (spam) or any communication without a valid legal basis
• Violate any applicable law or regulation, including but not limited to GDPR, CAN-SPAM, CASL, or PECR
• Upload, transmit, or store any data that is unlawful, harmful, fraudulent, or infringes third-party rights
• Attempt to gain unauthorized access to any system, network, or account
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or commercially exploit the Service without our express written consent
• Interfere with or degrade the integrity, performance, or availability of the Service
• Use the Service to store or process data in violation of any applicable data protection law

We reserve the right to suspend or terminate Accounts that we reasonably believe are engaged in prohibited conduct, without prior notice.

6. Email & CRM Compliance

Nuvixy is a tool. The emails sent through the Service are sent by you, not by us. You are solely and exclusively responsible for:

• Obtaining and maintaining valid, documented consent from all email recipients prior to sending
• Ensuring all email communications comply with GDPR, CAN-SPAM, CASL, and any other applicable law in the recipient's jurisdiction
• Including required information in emails (your identity, physical address, unsubscribe mechanism where required)
• Honoring opt-out and unsubscribe requests promptly
• The content, accuracy, and legality of all email messages sent via the Service

Anti-Spam Policy: Zero-tolerance for spam. Using Nuvixy to send unsolicited commercial email is a material breach of these Terms and will result in immediate account termination. We reserve the right to report abuse to relevant authorities and to cooperate fully with investigations.

Nuvixy is not liable for any damages, fines, or penalties arising from your failure to comply with applicable email or data protection laws.

7. SMTP Credentials & Email Sending

You may configure your own SMTP server credentials to send emails through the Service. By doing so, you acknowledge and agree that:

• You provide your SMTP credentials voluntarily and at your own risk
• Credentials are stored using industry-standard encryption at rest, but no storage method is absolutely secure
• You are responsible for the security of your SMTP account and for any email sent through it, whether by you directly or via the Service
• You will not use SMTP credentials belonging to a third party without authorization
• Nuvixy is not liable for any costs, damages, or penalties arising from email sending through your SMTP account, including deliverability failures, provider suspensions, or rate-limiting by your email provider

We recommend using a dedicated transactional email provider (e.g., SendGrid, Mailgun, Brevo) with appropriate sending limits configured.

8. Data Protection & GDPR

8.1 Roles under GDPR

For the purposes of the EU General Data Protection Regulation (2016/679) and applicable Romanian data protection law:

• You (the User) are the Data Controller in respect of all Lead Data you enter into the Service. You determine the purposes and means of processing that personal data.
• Nuvixy is the Data Processor in respect of Lead Data. We process that data only on your behalf, in accordance with your instructions and these Terms.

8.2 Your Responsibilities as Data Controller

As Data Controller, you are responsible for:

• Having a valid lawful basis under GDPR for processing the personal data of your leads and contacts
• Informing data subjects about how their data is processed, including via Nuvixy
• Responding to data subject access, rectification, erasure, and portability requests
• Ensuring Lead Data is accurate, relevant, and not excessive for its purpose

8.3 Our Obligations as Data Processor

As Data Processor, Nuvixy will:

• Process Lead Data only on your documented instructions
• Implement appropriate technical and organizational security measures
• Assist you in responding to data subject requests to the extent reasonably possible
• Not transfer Lead Data to third parties except as necessary to provide the Service
• Delete or return Lead Data upon termination of your Account, as described in Section 13

8.4 Data Processing Agreement

A formal Data Processing Agreement (DPA) is available upon request for users who require one for GDPR compliance purposes. Please contact us through the Service to request a DPA. Where required by law, entering into a DPA is a condition of using the Service to process personal data of EU/EEA residents.

9. Billing & Subscription

Certain features of the Service may be offered on a paid subscription basis. Where applicable:

• Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected)
• All fees are non-refundable except as required by applicable law or as expressly stated in a refund policy we publish
• We reserve the right to change pricing with at least 30 days' prior notice to affected users
• Failure to pay may result in suspension or termination of your Account
• You are responsible for all taxes applicable to your subscription in your jurisdiction

Note: Specific pricing tiers and billing terms will be detailed on the pricing page and in any separate order form.

10. Service Availability

The Service is provided on an "as available" basis. While we aim for high availability, we do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. We may perform scheduled or emergency maintenance that temporarily limits access. We will endeavor to provide advance notice of planned downtime where reasonably possible. Nuvixy shall not be liable for any loss or damage resulting from unavailability of the Service.

11. Intellectual Property

All rights, title, and interest in and to the Service — including its software, design, trademarks, and documentation — remain the exclusive property of Nuvixy. Nothing in these Terms grants you any rights in the Service except the limited right to use it in accordance with these Terms.

You retain full ownership of all data and content you create or upload. By using the Service, you grant Nuvixy a limited, non-exclusive license to store, process, and transmit your data solely as necessary to provide the Service to you.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without any warranty of any kind, either express or implied. We expressly disclaim:

• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Any warranty that the Service will meet your requirements or expectations
• Any warranty regarding the accuracy, reliability, or completeness of any information within the Service
• Any warranty that errors or defects will be corrected

Note: Some jurisdictions do not allow the exclusion of implied warranties. In such cases, the above exclusions apply to the fullest extent permitted by applicable law. Statutory rights that cannot be excluded remain unaffected.

13. Limitation of Liability

To the maximum extent permitted by applicable EU and Romanian law:

• Nuvixy's total cumulative liability to you for any claims arising under or in connection with these Terms or the Service shall not exceed the greater of: (a) the fees paid by you to Nuvixy in the three (3) months immediately preceding the event giving rise to the claim, or (b) €100
• Nuvixy shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages
• Nuvixy shall not be liable for damages arising from: email delivery failures; SMTP provider issues; third-party service outages; your failure to comply with applicable law; or unauthorized access to your account due to your own negligence

Note: Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

14. Termination & Data Deletion

14.1 Termination by You

You may terminate your Account at any time by deleting it through the Service settings or by contacting us. Termination is effective immediately.

14.2 Termination by Us

We may suspend or terminate your Account immediately and without prior notice if: (a) you breach any material provision of these Terms; (b) you engage in conduct we determine to be abusive, fraudulent, or harmful to the Service or other users; (c) required by law or a competent authority; or (d) we cease to operate the Service.

14.3 Effect of Termination & Data Deletion

Upon termination of your Account, for any reason:

• Your right to access and use the Service ceases immediately
• All Lead Data, follow-up templates, and account data associated with your Account will be permanently deleted from our systems within 30 days of termination
• We are not liable to you or any third party for termination of access to the Service
• Provisions of these Terms that by their nature should survive termination (including Sections 11, 12, 13, 16, 17) will remain in effect

15. Force Majeure

Nuvixy shall not be held liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action or regulation, internet or infrastructure outages, cyberattacks, pandemic or epidemic, or failures of third-party service providers (including cloud hosting providers). In such events, our obligations will be suspended for the duration of the force majeure event, and we will take reasonable steps to minimize disruption and resume normal operations as soon as practicable.

16. Changes to Terms

We reserve the right to update these Terms at any time. For material changes, we will notify registered users by email or via an in-app notification at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your Account.

17. Governing Law

These Terms & Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by and construed in accordance with the laws of Romania. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Where applicable, EU regulations — including the GDPR — shall apply in addition to Romanian national law.

18. Jurisdiction

Subject to any mandatory rights you may have under EU consumer law, any dispute arising out of or relating to these Terms or the Service that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Romania. By using the Service, you irrevocably submit to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum. If you are a consumer resident in an EU Member State, you may also have the right to bring proceedings in the courts of your country of residence.

19. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable DPA, constitute the entire agreement between you and Nuvixy regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor in connection with a merger, acquisition, or sale of assets.

20. Contact

If you have questions about these Terms or wish to request a Data Processing Agreement, please contact us through the Service. We will respond to all inquiries within a reasonable time.