Simplifi Platform Terms

1. Purpose and scope

These Terms regarding the use of the Simplifi Platform (the “Terms”) govern access to and use of the Simplifi IT platform (the “Platform”), operated by Simpliworks SRL, a Romanian legal entity, with its registered office at 142 Gheorghe Țiteica Street, 3rd floor, District 2, Bucharest, registered with the Trade Register under no. J2022006777401, fiscal registration number 45938180 (“Simpliworks” or the “Provider”).

All intellectual property rights related to the Platform belong to Simpliworks.

These Terms apply to all Users of the Platform, regardless of the type of account, method of access, or type of Services used.

2. Related documents

These Terms are supplemented by the applicable Simplifi documents and policies (the “Simplifi Policies”) available at www.simplifi.ro/policies, including, but not limited to:

• General Terms and Conditions for Qualified Electronic Signature, Qualified Electronic Seal and Qualified Electronic Time-Stamping Services
• Certification Practice Statement
• PKI Disclosure Statement
• Simplifi Trust Service Policy
• Privacy Policy
• Personal Data Processing Notice
• any other policies published by Simpliworks and available at www.simplifi.ro/policies

In the event of any inconsistencies between these Terms and the Simplifi Policies, the provisions specific to the relevant Services shall prevail, to the extent permitted by applicable law.

3. Definitions

“Platform” – the IT system operated by Simpliworks that enables Users to create and manage accounts, manage digital identities, upload documents, initiate and manage signing workflows, apply electronic signatures or electronic seals, request and use digital certificates, manage Users and Organizations, and access the functionalities and Services provided through the Platform.

“Services” – functionalities and Services provided by Simpliworks through the Platform, including, without limitation, electronic signing, issuance and use of digital certificates, management of signing workflows, technical integration and other digital Services.

“User” – any person who creates an account on the Platform or who accesses or uses the Services, whether for personal or professional purposes, in their own name or on behalf of an organization. Where a qualified certificate for electronic signature is issued to the User, the User acquires the status of Subject.

“Account” – an electronic profile created on the Platform, associated with a User and used to access the Simplifi Platform Services, to which one or more Roles may be assigned.

“Role” – a set of rights and permissions associated with an Account (e.g.: personal Role, employee Role, Administrator Role, Organization representative Role).

“Administrator” – a User designated by an Organization to administer User accounts, manage Roles, configure Services and manage subscription Plans on behalf of the Organization.

“Organization” – a legal entity or other form of professional organization that uses the Simplifi Platform Services. In the context of trust services, Organization corresponds to a Subscriber.

“Plan” – a package of Services and resources available for the use of the Platform.

“2FA” – a two-factor authentication mechanism used for accessing and using the Platform.

“API” – an application programming interface that allows the integration of the Platform with external IT systems.

4. Account creation

An account may be created either through direct registration (Register/Sign Up) or through federated authentication (e.g.: Google, Microsoft, or other digital identity services accepted by Simpliworks).

Account creation and activation are conditional upon configuring 2FA, accepting the applicable terms and the privacy policy, and successful identity verification, where required.

Simpliworks may refuse the creation or activation of an account where, for objective reasons, the identity cannot be verified at the required assurance level. Such situations may include, by way of example:

• identification data or documents are incorrect, invalid, expired, incomplete, or inconsistent;
• information cannot be validated through the necessary verification checks;
• identity cannot be established at the required level of assurance;
• inconsistencies between the data provided and information in official registers;
• use of an invalid personal numerical code (CNP) or other personal identifier.

5. Use of the Account and Associated Roles

After account creation, the User is automatically assigned a personal Role intended for individual use of the Platform Services. The User may, within the limits of the available functionalities and applicable Plan:

• access and use the Services provided through the Platform;
• create, upload, manage and send documents for signing;
• initiate and manage signing workflows;
• request, where applicable, the issuance of a qualified certificate for electronic signature;
• use the issued certificate in accordance with applicable law and the relevant Simplifi Policies.

5.1. Personal account duration

The User’s personal account is, in principle, of indefinite duration and remains active provided the User keeps personal data up to date, does not request closure and the account is not suspended.

5.2. Organizational roles and organization management

The User may create an Organization on the Platform (acquiring the Administrator Role) or join an existing Organization as employee, Administrator, representative, or authorized User. Organizational Roles are distinct from the personal account.

5.3. Issuance of certificates for organizations

Issuance of a qualified certificate for an electronic seal may be subject to verification of the designated person’s identity, of the Organization’s existence, of representation rights, and compliance with applicable legal, procedural and technical requirements.

6. Subscription plans

The Platform may be used based on subscription plans (“Plans”), publicly available on www.simplifi.ro and updated periodically. Plans may include, as applicable: a defined number of electronic signatures, electronic seals or authorized Users, a transaction volume, document storage, access to additional functionalities (including API integration) and other resources defined in the commercial offer.

Plans may be offered as Free Plans, paid Plans, or Plans dedicated to technical integrations (including API subscriptions), with monthly or annual duration.

7. Top-ups and additional resources

In addition to resources included in the selected Plan, the User or Organization may purchase additional resources (“Top-ups”). Top-ups are generally purchased in advance, used until exhausted, and non-refundable except where required by law.

8. Billing and payment

Selecting a Plan entails the obligation to pay the applicable fees. Financial operations are processed by authorized payment institutions (e.g., Stripe). For recurring Plans, the User expressly agrees that subsequent payments will be made by automatically charging the card entered on the Platform.

Failure to pay may result in temporary suspension of access, limitation of Services or termination of the Plan or account.

9. Service usage measurement

Use of the Services is measured by automated IT systems operated by Simpliworks. Technical records constitute the primary evidence of Service usage and may be used for billing, audit, dispute resolution, or compliance.

10. Refund policy

Except where expressly provided by law, amounts paid for subscription plans, top-ups, consumed Services and digital certificate issuance are non-refundable. Refund requests must be submitted in writing to easy@simplifi.ro.

11. Technical interfaces and integration

The Platform may provide technical interfaces (API, SDKs, webhooks) for integration with external IT systems, exclusively for legitimate purposes and in accordance with Simpliworks’ technical documentation.

12. API access and authentication keys

Access to the API is conditional upon issuance of technical credentials. API keys are personal and confidential and may not be transferred or disclosed without Simpliworks’ express consent. The Client is responsible for confidentiality and immediate notification of any incident.

13. Technical limits and rate limiting

API usage may be subject to technical and operational limits. Simpliworks does not provide an SLA, guaranteed availability or maximum remediation time, unless expressly stipulated in writing in an individual contract.

14. Responsibility for integration

The Client using the API is responsible for proper implementation, security of its own systems, testing, monitoring and managing API unavailability within its own systems.

15. API changes and compatibility

Simpliworks reserves the right to modify the API and will make reasonable efforts to notify affected Users.

16. API usage monitoring

Simpliworks may monitor API usage for security, audit, fraud prevention, regulatory compliance, or performance optimization purposes.

17.1. General security responsibilities

Responsibility for the security of Platform usage lies with the contracting party (User or Organization). Both must ensure account security, use 2FA, protect devices and prevent unauthorized account use.

17.2. Security incident notification

The User and/or Organization must notify Simpliworks without undue delay of any security incident affecting accounts, data, integrity or availability of the Services.

17.3. Protective measures and risk mitigation

Simpliworks may adopt, without prior notice, measures such as temporary account suspension, re-authentication requests, credential resets or enhanced activity monitoring.

17.4. Liability for failure to comply with security obligations

Simpliworks shall not be liable for damages resulting from unauthorized account use caused by disclosure of credentials, use of unsecured devices or failure to implement recommended security measures.

18. Documents uploaded and used on the Platform

The User or Organization is solely responsible for the content of documents uploaded, generated, transmitted or processed through the Platform. Simpliworks acts exclusively as a technical Services provider.

19. Data storage and retention

Data and documents may be temporarily stored to provide the Services, retained for security/audit/compliance purposes, or deleted/anonymized in accordance with applicable law and internal policies.

20. Activity logs and technical records

Use of the Platform may generate technical records and activity logs. These may constitute evidence of Service usage and may be made available to competent authorities under applicable law.

21. Suspension of Services

Simpliworks may suspend access to the Services in cases such as: breach of Terms, abusive use, suspected fraud, security incidents, non-payment, exceeding technical limits, requests from authorities or maintenance needs.

22. Termination of use

Use of the Services may cease upon request of the User/Organization, expiration of the contract, serious breach of these Terms, non-payment, legal requirements or discontinuation of the Platform. Termination does not affect rights and obligations accrued prior to termination.

22.4. Data retention and access after termination

After termination, data may be retained for legal periods, archived, anonymized or deleted upon expiration of legal retention periods.

23. Warranties and availability of the Services

The Platform and Services are provided “as is” and “as available”. To the extent permitted by law, Simpliworks provides no other express or implied warranties regarding continuous availability, response times, absence of errors, or compatibility with the client’s systems.

24. Limitation of liability

To the extent permitted by law, Simpliworks shall not be liable for direct or indirect damages, except where caused exclusively by gross negligence or willful misconduct. Total liability shall not exceed the total amount paid by the User or Organization during the 12 calendar months preceding the damage, or the period of use, whichever is shorter.

25. Export restrictions and international use

The User and Organization represent that they will not use the Platform in violation of laws regarding international sanctions, embargoes or export controls.

26. Intellectual property rights

The Simplifi Platform and all its components are the exclusive property of Simpliworks or its licensors. The User does not acquire any rights through use of the Platform, except for the limited, non-exclusive, non-transferable and revocable right of access and use.

27. Amendment of these Terms

Simpliworks reserves the right to amend these Terms. Material amendments will be communicated through Platform notification, email or publication on the official website. Continued use after entry into force constitutes acceptance.

28. Governing law

These Terms are governed by the laws of Romania.

29. Dispute resolution

Any dispute shall be resolved amicably; otherwise, jurisdiction lies with the courts of Romania.

30. Severability

If any provision is found invalid or unenforceable, this shall not affect the validity of the remaining provisions.

31. Waiver

Failure or delay by Simpliworks in exercising a right shall not constitute a waiver. Any waiver must be express and in writing.

32. Assignment of rights and obligations

Simpliworks may assign its rights and obligations to an affiliated company or legal successor. The User may not assign rights without Simpliworks’ prior written consent.

33. Survival of clauses

Certain provisions remain applicable after termination, including those relating to security, confidentiality, data retention, payment, limitation of liability and intellectual property.

34. Entire agreement

These Terms, together with the policies they refer to, constitute the entire agreement between Simpliworks and the User regarding the use of the Platform.

35. Applicable version

These Terms are available in the Romanian language. Where translations are published, the Romanian version shall prevail in case of discrepancies.