Version dated 1 July 2026 – Revision 8 | Published at: https://movemar.com/platform-terms-of-service
1. SCOPE, ACCEPTANCE AND ORDER OF PRECEDENCE
1.1. These General Terms and Conditions (the “Terms”) set out the standard rules governing trial and paid access to and use of Movemar as software as a service.
1.2. The Terms apply only to Clients that are legal entities, including foreign legal entities or equivalent organisations having legal personality under the law applicable to them. Movemar is not offered under these Terms to:
(a) natural persons;
(b) sole traders;
(c) self-employed professionals; or
(d) consumers.
1.3. The Terms shall become binding when the Client accepts them in writing in the Individual Agreement or in a Trial Access Confirmation. The applicable version shall be the version specified in the relevant document and sent to the Client as a PDF file. Merely visiting the website or the technical creation of an account without such acceptance shall not bind the Client to the Terms and shall not create a paid subscription.
1.4. In the event of a conflict, the Data Processing Agreement (DPA) shall prevail only in matters relating to the processing of personal data; thereafter, the Trial Access Confirmation or the Individual Agreement, as applicable, and these Terms shall apply.
2. DEFINITIONS
2.1. “Platform” means Movemar, including the agreed web, mobile and server components.
2.2. “Provider” means “Promotino” Ltd., UIC 203755878, with its registered office and registered address at: Sofia 1729, Mladost District, Mladost 1A Residential Complex, Block 537, Floor 1, Apartment 2A, Bulgaria, which provides the Movemar Platform and is identified as the provider in the Trial Access Confirmation or the Individual Agreement. In the remainder of these Terms, “Provider” and “the Provider” refer exclusively to that company.
2.3. “Client” means the legal entity that has accepted a Trial Access Confirmation or entered into an Individual Agreement with the Provider.
2.4. “Individual Agreement” or “Agreement” means the agreement for paid subscription use of the Platform entered into between the Provider and a particular Client, including the individually completed commercial terms and special conditions.
2.5. “Account” means an individual user profile in the Platform made available for use by one specific natural person. One or more Platform Roles may be assigned concurrently to an Account.
2.6. “User” or “Account User” means an employee, contractor or other natural person authorised by the Client to use a specific Account.
2.7. “Active Account” means an Account that has been activated and available for use for at least one calendar day during the relevant month, regardless of whether any login or other action has occurred.
2.8. “Platform Role” means a set of permissions, access rights and functionalities defined in the Platform that may be assigned to an Account. For measurement and pricing purposes, the Platform Roles are “Representative”, “Supervisor”, “Administrator” and “Analyst”. Their specific functional scope is determined by the functionality of the Platform and the permissions granted by the Client.
2.9. “Active Role” means a Platform Role that has been assigned to an Active Account for at least one calendar day during the relevant month, regardless of whether the functionalities provided through that role have actually been used. An Active Account may have several Active Roles concurrently.
2.10. “Administrator”, when used as the name of a Platform Role in the Agreement and these Terms, does not mean a controller of personal data. In the DPA, the term “controller” has the meaning assigned to it by applicable data protection law.
2.11. “Minimum Monthly Number of Billed ‘Representative’ Roles” means the number stated in the Individual Agreement on which the monthly fee for that Role is calculated where the actual number of Accounts with an Active “Representative” Role is lower. “Calculated Minimum Monthly Value for ‘Representative’ Roles” means that minimum number multiplied by the applicable monthly price for one “Representative” Role.
2.12. “Start Date” means the date specified in the Individual Agreement on which the subscription commences or, if no such date has been completed, the date on which access is first activated.
2.13. “Contract Period” means the initial or the relevant subsequent 12-month subscription term specified in the Individual Agreement.
2.14. “Client Data” means data and files entered, uploaded or created by the Client and its Users.
2.15. “Business Day” means a day other than a Saturday, Sunday or official public holiday in the Republic of Bulgaria. “Support Hours” means 09:00 to 17:30 Bulgarian time (Europe/Sofia) on a Business Day.
2.16. “Availability” means the ability of an authenticated User to access the core server functions of the Platform. Local offline functionality, subsequent synchronisation and a separate third-party functionality are not measured as separate Availability.
2.17. “Backup” means a technical copy of the available data created by the Provider for disaster recovery in accordance with the cycle under Clause 9.12. A Backup is not an archive or a long-term storage service.
2.18. “Trial Access” means free, limited and time-bound access to the Platform for evaluation purposes before the possible conclusion of an Individual Agreement.
2.19. “Trial Access Confirmation” means the separate written or electronic document by which the Client accepts these Terms and the DPA and which specifies the commencement date and the individual technical parameters of the Trial Access.
3. ACCESS AND ACCOUNTS
3.1. The Provider grants a limited, non-exclusive and non-transferable right to use the Platform internally for business purposes during the term of the Trial Access or paid subscription.
3.2. The Client shall manage its Users and their permissions to the extent permitted by the functionality, apply the principle of least privilege and promptly deactivate persons who no longer have grounds for access.
3.3. Access credentials are individual. Sharing an Account between unauthorised persons or circumventing the agreed number of Accounts is prohibited.
3.4. The Client shall immediately notify support@movemar.com if it suspects that access has been compromised and shall take the available steps to change the password or deactivate the relevant Account.
3.5. The Platform’s web interface is supported on the five latest major stable versions of Google Chrome, Mozilla Firefox and Apple Safari, including the current stable version.
3.6. The Platform’s mobile functionality is supported on the five latest major versions of Android and iOS, including the current version. The Client shall ensure that the browsers and operating systems used are updated promptly; compatibility and support are not guaranteed for older or test versions.
4. MEASUREMENT, INVOICING AND PAYMENT
4.1. The following shall be specified only in the Individual Agreement or in a separate written agreement:
(a) the individual unit prices;
(b) the Minimum Monthly Number of Billed “Representative” Roles;
(c) the included Storage Capacity;
(d) additional services; and
(e) the bank account.
4.2. An Active Account shall be charged for the entire calendar month. Its deactivation shall not remove the payment obligation for the month during which it was active for at least one day.
4.3. The monthly subscription fee shall be calculated separately for each type of Role. The number of Accounts with an Active Role of the relevant type shall be multiplied by the applicable monthly price for one such Role, after which the resulting amounts for all types of Roles shall be added together. Where more than one Active Role is assigned to the same Account, each Role shall be included separately in the calculation. Additional Accounts or Roles activated after the pro forma invoice has been issued shall be charged as an adjustment in the following pro forma invoice.
4.4. The Minimum Monthly Number of Billed “Representative” Roles stated in the Individual Agreement shall apply to the “Representative” Role. Where the number of Accounts with an Active “Representative” Role is lower than the stated minimum, the fee for that Role shall be calculated using the minimum number. Where the number is higher, the fee shall be calculated using the actual number of Accounts with an Active “Representative” Role. The applicable fee for Storage Capacity used above the amount included in the subscription shall be added to the monthly subscription fee. Additional and one-off services shall be charged separately.
4.5. Solely for the first incomplete calendar month following the Start Date, the monetary amounts calculated under Clauses 4.3 and 4.4, including the Calculated Minimum Monthly Value for “Representative” Roles, shall be determined pro rata: the relevant monthly amount shall be multiplied by the number of calendar days from and including the Start Date to the end of the month and divided by the total number of calendar days in that month. The Minimum Monthly Number of Billed “Representative” Roles shall not be converted into a fractional number; only the resulting monetary amount shall be reduced pro rata. From the following calendar month, Clauses 4.2–4.4 shall apply without any pro rata reduction.
4.6. The subscription shall be paid monthly for the current calendar month. The Provider shall send a pro forma invoice, which is not a tax document, to the billing address specified by the Client no later than the fifth calendar day of the current month. Later delivery shall neither reduce the fee payable nor shorten the period under Clause 4.7.
4.7. Payment shall be due within 14 calendar days after receipt of the pro forma invoice. Payment shall be deemed made when the Provider’s bank account is credited.
4.8. An invoice shall be issued within the period and upon the occurrence of the circumstances prescribed by the tax legislation in force, including upon receipt of payment or the occurrence of a taxable event.
4.9. In the event of delay, the Client shall owe statutory interest and, where the requirements of Article 309a of the Bulgarian Commerce Act are met, the statutory minimum compensation for recovery costs, as well as any higher recovery costs actually incurred and evidenced.
4.10. A change to the bank account shall be notified in writing from support@movemar.com. The Client shall verify through a known contact any suspicious communication or communication received from another address.
5. RESTRICTION, SUSPENSION AND TERMINATION FOR NON-PAYMENT OR RISK
5.1. If payment has not been received by the end of the 14-day period under Clause 4.7, the Client shall be in default from the first calendar day thereafter. The Provider shall display a visible overdue-payment banner in the Platform and disable the functionalities for outbound downloading and retrieval of Client Data from the Platform, including file downloads, exports, automated delivery of reports and retrieval through an application programming interface (API), where such functionalities are available. The restriction shall not affect the storage of Client Data, shall not constitute its deletion and shall not, by itself, suspend other access to the Platform. The Provider shall also notify the Client of the restriction at the contractual email address.
5.2. If payment has not been received by the 30th calendar day after receipt of the pro forma invoice, the Provider may suspend access after giving at least two calendar days’ prior warning. Suspension shall not extinguish any obligations that have arisen, and the monthly fee shall continue to accrue.
5.3. If payment has not been received by the 60th calendar day after receipt of the pro forma invoice, the Provider may terminate the Agreement by written notice. All accrued obligations, interest and costs shall remain payable.
5.4. Access may be restricted immediately to the extent necessary in the event of:
(a) unlawful use;
(b) compromised security;
(c) an immediate material risk; or
(d) a mandatory legal requirement.
5.5. Following full payment of the overdue amounts and technical confirmation by the Provider, the banner under Clause 5.1 shall be removed and the functionalities or access restricted for non-payment shall be restored. The Provider shall not be liable for any consequences of a lawful restriction, suspension or termination.
6. PROVIDER OBLIGATIONS AND UPDATES
6.1. The Provider shall provide the Platform with the care of a diligent merchant, maintain the Platform and implement the agreed technical and organisational measures.
6.2. The Provider may correct, update, develop and replace components for security, compatibility, compliance and development purposes.
6.3. During the paid period, the Provider shall not materially reduce the core purpose of the agreed subscription unless the change is necessary:
(a) by law;
(b) for security; or
(c) due to a change in or discontinuation of an external service beyond the Provider’s reasonable control.
6.4. New modules, integrations and functionalities may be subject to a separate written order.
6.5. The Provider shall have technical access to Client Data only to the extent necessary for administration, support, security, performance of documented instructions and lawful provision of the Platform.
7. CLIENT OBLIGATIONS AND ACCEPTABLE USE
7.1. The Client shall be responsible for lawful use, the data entered, the actions of Users, their devices and connectivity, and maintaining the confidentiality of access credentials.
7.2. The Platform shall be used in accordance with the documentation and solely for the agreed business purposes.
7.3. The following are prohibited:
(a) unlawful monitoring;
(b) entering or distributing unlawful or malicious content;
(c) infringing the rights of others;
(d) unauthorised access;
(e) scanning and penetration testing without written authorisation;
(f) reverse engineering and code extraction except to the extent permitted by mandatory law; and
(g) reselling or providing the Platform as the Client’s own service.
7.4. The Client shall be responsible for the legal grounds, transparency and internal rules relating to the processing of location data, photographs, working time, routes and data concerning employees or third parties.
7.5. The Client shall provide reasonable assistance in response to a technical request and shall provide the necessary information without unnecessary personal data.
8. EXTERNAL SERVICES AND LOCATION DATA
8.1. Movemar uses third-party cloud infrastructure, networking, mapping, analytics and diagnostic services.
8.2. The Provider does not fully control their availability and accuracy and shall not be liable for issues beyond its reasonable control, but shall use reasonable efforts to limit their impact.
8.3. GPS and mapping data depend on the device, signal, settings, environment and external services. Absolute accuracy is not guaranteed, and such data should not be the sole basis for any disciplinary, employment-related or other adverse decision concerning a natural person.
8.4. The Provider shall process the coordinates received in accordance with the Platform’s standard functionality, without knowingly modifying the values originally received.
8.5. Information about processing for which Promotino acts as an independent controller, including the use of product analytics, diagnostic tools and Google Maps, is provided in the Privacy Notice for the Movemar Platform published at https://movemar.com/privacy-notice-for-the-movemar-platform.
9. AVAILABILITY, SUPPORT AND BACKUPS
9.1. The Provider undertakes to provide monthly Availability of not less than 95% for each calendar month.
9.2. “Measurement Minutes” means the minutes in the calendar month during which the subscription was in force, less the minutes excluded under Clause 9.4. “Recorded Downtime” means the minutes within the Measurement Minutes during which the core server functions are unavailable. Availability shall be calculated using the following formula: ((Measurement Minutes − minutes of Recorded Downtime) / Measurement Minutes) × 100.
9.3. Measurement shall be performed using the Provider’s server records and monitoring tools. The Client may submit its own records, which shall be considered in good faith during verification.
9.4. The following shall be excluded when calculating Availability:
(a) emergency maintenance under Clause 9.6;
(b) suspension under the Agreement;
(c) force majeure;
(d) acts or systems of the Client;
(e) unsupported devices or software;
(f) the Client’s internet and mobile connectivity; and
(g) failures of third-party services beyond the Provider’s reasonable control.
Scheduled maintenance under Clause 9.5 shall be included when calculating Availability.
9.5. The Provider shall give at least 72 hours’ prior notice of scheduled downtime and shall use reasonable efforts to carry out the work outside the period from 07:00 to 17:30 on a Business Day.
9.6. Emergency maintenance may be performed without the prior notice period under Clause 9.5 in the event of:
(a) a critical vulnerability;
(b) an active attack;
(c) a risk to data;
(d) a failure; or
(e) a mandatory change by an external provider.
The Client shall be notified as soon as possible.
9.7. Support requests shall be sent to support@movemar.com by an authorised person using the Client’s email address specified in the applicable Trial Access Confirmation or Individual Agreement, or an address duly changed in accordance with Clause 17.2, and should include:
(a) a description of the issue;
(b) the affected Accounts;
(c) the time of occurrence;
(d) steps to reproduce; and
(e) available screenshots or logs without unnecessary personal data.
9.8. The Provider shall send an initial substantive response within 48 hours. A request submitted outside Support Hours shall be deemed received at 09:00 on the next Business Day; where the period expires outside Support Hours, the response shall be sent no later than the end of the next Business Day.
9.9. The initial response shall acknowledge receipt and, where possible, include an initial assessment or request for information. It is not a guaranteed time for final resolution.
9.10. Support:
(a) includes assistance with access;
(b) includes assistance with standard functional issues;
(c) includes assistance with identified technical faults;
(d) includes guidance on available functionality;
(e) does not include training;
(f) does not include analysis or correction of Client Data;
(g) does not include configuration or functional changes and integrations;
(h) does not include custom templates;
(i) does not include restoration of a Backup; and
(j) does not include issues in the Client’s environment.
9.11. Response times shall be suspended while the Provider awaits material information or assistance from the Client.
9.12. A Backup shall be generated on each calendar day except Sunday. Backups shall be maintained on a rolling basis for up to 7 calendar days, with each new Backup overwriting the oldest Backup within that period.
9.13. Backups are intended for disaster recovery and do not replace the Client’s archive or long-term storage system. The availability of a specific point in time outside the described cycle is not guaranteed.
9.14. Upon written request and after confirmation of the applicable individual terms, the Provider may restore an available Backup. The Client acknowledges that restoration may replace current data and that data created after the time of the Backup may be lost.
9.15. Where Availability for a calendar month is below 95%, the Provider shall apply an automatic pro rata discount in the next pro forma invoice. Permitted Downtime shall be 5% of the Measurement Minutes, and “Excess Downtime” means the positive difference between the minutes of Recorded Downtime and the Permitted Downtime. The discount shall be calculated using the following formula: the monthly subscription fee exclusive of VAT for the affected month × (minutes of Excess Downtime / Measurement Minutes). If there is no subsequent pro forma invoice, the discount shall be set off against other amounts due or refunded within 30 days. The discount shall not exceed the monthly subscription fee exclusive of VAT for the affected month and shall not limit any rights that cannot be limited by law.
9.16. A report of a suspected security incident shall be clearly marked “SECURITY” and sent immediately to support@movemar.com. The procedure applicable to a personal data breach is governed exclusively by the DPA.
10. CLIENT DATA, EXPORT AND DELETION
10.1. The Client shall retain all rights in its data and grants the Provider the limited right necessary to perform the Agreement and the documented instructions.
10.2. The Provider may use irreversibly anonymised and aggregated technical statistics for security, performance and improvement purposes, without personal data, Client content or any possibility of identification.
10.3. The processing of personal data on behalf of the Client is governed exclusively by the DPA.
10.4. Within 30 calendar days after termination, the Client may make a one-time written request for a complete export of all available Client Data. The export shall be provided in CSV format for structured data and as a ZIP archive of all available photographs; together, these two formats cover all Client Data stored in the Platform. The secure link provided shall remain active for seven calendar days.
10.5. The Client shall download and verify the export during the period for which the link remains active. Where a timely request is received close to the end of the 30-day period, the Provider may retain the necessary data only until the export is prepared and the link expires.
10.6. If no timely request is received, the data shall be deleted from active systems after 30 days. Where an export is provided, deletion shall take place after the link expires. Backups shall be purged through the automatic cycle under Clause 9.12.
10.7. An exception to deletion shall be permitted for:
(a) information that must be retained by law; and
(b) minimal system records necessary for security, evidence of performance or the defence of legal claims.
Access to such information shall be restricted to the relevant purpose.
11. INTELLECTUAL PROPERTY
11.1. All rights in Movemar, the code, architecture, interfaces, documentation, database structure and organisation, trade names and improvements belong to the Provider or the relevant licensors. This does not grant the Provider any ownership rights in Client Data.
11.2. The Agreement does not transfer ownership of or exclusive rights in the software.
11.3. Suggestions and feedback may be used for development purposes, without disclosing Confidential Information or Client Data.
12. CONFIDENTIALITY
12.1. Each Party shall protect all non-public technical, commercial, financial, organisational and other information received in connection with the Agreement and shall use it solely for the performance of the Agreement.
12.2. Information shall not be Confidential Information where the receiving Party proves that it:
(a) was publicly available without breach;
(b) was lawfully in its possession before disclosure;
(c) was lawfully received from a third party; or
(d) was independently developed.
12.3. Disclosure shall be permitted to employees, subcontractors and professional advisers who have a need to know and are bound by confidentiality obligations, and where required by law or a competent authority, subject to prior notice to the extent permitted by law.
12.4. The obligation shall remain in force for as long as the information remains confidential and, in the case of trade secrets, for as long as they remain protected as such.
13. WARRANTIES AND LIABILITY
13.1. Except for the express commitment under Clause 9.1, uninterrupted or error-free operation is not guaranteed, nor is fitness for a purpose not described in the Agreement or a specification accepted in writing.
13.2. The Provider shall not be liable for:
(a) the accuracy, lawfulness and completeness of the data entered;
(b) the actions of current or former Users;
(c) unsupported devices and software;
(d) the Client’s internet connectivity;
(e) the Client’s instructions; and
(f) external services beyond the Provider’s reasonable control.
13.3. To the extent permitted by law, the Provider shall be liable only for direct, actual and proven losses that are an immediate consequence of its culpable non-performance.
13.4. No compensation shall be payable for:
(a) loss of profit;
(b) loss of revenue, contracts or customers;
(c) loss of reputation or anticipated savings;
(d) business interruption; or
(e) any other indirect, consequential or special loss.
13.5. The Provider’s total aggregate liability for all claims arising within any 12-month period shall be limited to the fees actually paid during the 12 months preceding the event. If fewer than 12 months have elapsed since the commencement date, the limit shall be the amounts actually paid since the Start Date.
13.6. The limitations shall not apply:
(a) in the event of wilful misconduct;
(b) in the event of gross negligence; or
(c) in any other case where an advance limitation is invalid under mandatory law.
14. EARLY TERMINATION
14.1. The term, automatic renewal and non-renewal of the paid subscription are governed exclusively by the Individual Agreement. The term and automatic termination of Trial Access are governed by Section 18.
14.2. The Agreement may be terminated:
(a) by mutual written agreement;
(b) for non-payment under Section 5;
(c) in the event of prolonged force majeure; or
(d) by the non-defaulting Party for a material breach that has not been remedied within 14 days after receipt of written notice.
14.3. No cure period shall be required where:
(a) the breach is objectively incapable of remedy;
(b) the use is unlawful;
(c) the use creates an immediate material security risk; or
(d) immediate termination is required by law.
14.4. Where the Provider terminates the Agreement due to the Client’s culpable material breach, including under Clause 5.3, the Client shall owe, in addition to the amounts accrued, a contractual penalty for failure to fulfil the minimum fixed-term commitment. The contractual penalty shall equal the sum of the Calculated Minimum Monthly Values for “Representative” Roles that would have become payable from the termination date until the end of the current 12-month period, calculated using the Minimum Monthly Number of Billed “Representative” Roles and the unit price for that Role in effect on the termination date. Any amounts already charged for the same period shall be deducted to prevent double payment. VAT shall be charged only if and to the extent required by applicable tax law.
14.5. Termination shall not affect accrued claims, liability for prior breaches or provisions which by their nature are intended to survive.
15. FORCE MAJEURE
15.1. A Party shall not be liable for non-performance caused by force majeure within the meaning of Article 306 of the Bulgarian Commerce Act, to the extent that the event and its consequences are beyond its reasonable control and could not have been prevented.
15.2. The affected Party shall notify the other Party in writing without undue delay, describe the expected impact and use reasonable efforts to mitigate the consequences. Monetary obligations arising before the event shall not be discharged.
15.3. If force majeure prevents the operation of a material part of the Platform for more than 30 consecutive days, either Party may terminate the affected part or the Agreement by written notice.
16. CHANGES TO THE TERMS
16.1. The Provider may publish a new version of the Terms. For each new version, the Provider shall send to the Client’s contractual email address a PDF file containing the relevant version, a brief description of the changes and the date from which they apply.
16.2. The addition, extension or improvement of functionality may apply from the date specified in the notice, including during the current Contract Period, where the change does not remove or restrict existing functionality, increase the agreed fees or impose a new material obligation on the Client. Such a change shall not constitute a material change under Clause 16.4.
16.3. New optional functionality shall apply to the Client after it has been activated at the Client’s request or expressly accepted by the Client in writing. Where a separate fee is payable, the fee and Start Date shall be agreed in writing. Where the functionality entails new processing operations or purposes for personal data, it shall be activated after the applicable information has been provided and, where necessary, after a documented instruction or acceptance by the Client under the DPA.
16.4. The removal or material restriction of existing functionality included in the Client’s current paid plan may apply no earlier than the beginning of the next 12-month Contract Period and after at least 30 days’ prior notice, unless the Client accepts it earlier. The Client may decline renewal within 15 days after the notice; such non-renewal shall be deemed timely even if received less than the agreed non-renewal notice period before the end of the current period.
16.5. Notwithstanding Clause 16.4, changes may be applied earlier by notice where they are necessary:
(a) by law;
(b) for security; or
(c) to prevent abuse.
Earlier application shall be limited to what is necessary and shall be implemented to the extent practically and legally possible.
16.6. Editorial corrections that remedy spelling, technical or cross-reference inaccuracies and do not alter rights or obligations shall apply from the date of their publication.
16.7. The individual unit prices, the Minimum Monthly Number of Billed “Representative” Roles, individual terms, term, renewal or agreed limitations of liability may not be amended under this Section. They may be amended only in accordance with the Individual Agreement. The Calculated Minimum Monthly Value for “Representative” Roles is not a separate individual term and, upon a valid change to the unit price for that Role, shall be recalculated automatically from the effective date of the new price. Amendments to the DPA shall be made in accordance with the procedure set out therein or by written agreement.
16.8. The Provider shall maintain the date and an archive of each version. The Client should retain the version specified in the Trial Access Confirmation or Individual Agreement.
17. NOTICES
17.1. Contractual notices shall be sent to the addresses specified in the applicable Trial Access Confirmation or Individual Agreement. Notice by email shall be deemed received on the next Business Day, provided that the sender has not received an automated non-delivery message. The Provider’s obligation to review and respond shall apply only to notices, enquiries, requests and instructions sent from the Client’s email address specified in the applicable Trial Access Confirmation or Individual Agreement, or from an address duly changed in accordance with Clause 17.2. The Provider shall have no obligation to respond to or act upon communications sent from any other address and may require additional verification of the sender’s identity and authority.
17.2. Each Party shall notify the other Party of any change to its contact details. Until such notice is received, communications sent to the last notified address shall be deemed duly sent.
17.3. A technical support request shall not constitute a notice of non-renewal or termination unless it clearly contains such a statement by an authorised representative.
18. TRIAL ACCESS
18.1. Trial Access shall be provided only after the Client has accepted a Trial Access Confirmation, these Terms and the DPA. Trial Access is free of charge and shall continue for exactly 14 calendar days from its activation, with the activation date constituting the first day of the period.
18.2. The maximum number of Accounts, the assigned Platform Roles, available functionalities, included Storage Capacity and other technical limitations shall be determined individually in the Trial Access Confirmation.
18.3. Trial Access is provided subject to availability and without a guaranteed service level. The 95% Availability commitment under Clause 9.1, the initial-response time under Clause 9.8, the discount under Clause 9.15 and any other compensation for unavailability shall not apply to it. The Provider shall use reasonable efforts to provide technical assistance subject to its available capacity, without a guaranteed response or resolution time.
18.4. Trial Access may be extended only by the Provider’s express written confirmation specifying the new end date. Continued technical access without such confirmation shall not constitute an extension or a paid subscription.
18.5. Upon expiry of the Trial Access, access to the Platform shall be suspended automatically. There shall be no automatic conversion to a paid subscription, and no payment obligation shall arise solely from use of the trial.
18.6. Conversion to a paid plan shall occur only after both Parties have signed an Individual Agreement. The paid subscription shall commence on the Start Date specified in the Individual Agreement, which may not precede the date of the last signature.
18.7. After suspension of Trial Access, Client Data shall remain inaccessible to the Client for 14 calendar days solely to allow continuation where an Individual Agreement is signed in due time. During that period, the Client shall have no contractual right of access, export, copy or return of the trial data, except to the extent otherwise required by mandatory law or a binding order of a competent authority.
18.8. If no Individual Agreement has been signed by the end of the period under Clause 18.7, Client Data shall be deleted from active systems without any right to export or restoration. Data in Backups shall be erased through automatic overwriting within the cycle under Clause 9.12. The export rules and 30-day period under Clauses 10.4–10.6 shall not apply to Trial Access.
18.9. Where personal data is processed during Trial Access, the DPA shall apply from activation. By accepting the Trial Access Confirmation, the Client gives a documented instruction for the processing and elects in advance deletion without return under Clauses 18.7–18.8 if no Individual Agreement is signed.
18.10. In all other respects, these Terms shall also apply to Trial Access to the extent that the relevant provision does not presuppose a paid subscription and does not conflict with this Section. In the event of a conflict, this Section shall prevail in respect of Trial Access.
19. GOVERNING LAW, DISPUTES AND FINAL PROVISIONS
19.1. The contractual relationship, including Trial Access, the Individual Agreement and the Terms, shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.
19.2. The Parties shall use good-faith efforts to resolve disputes through negotiation. If this is not possible, disputes concerning pecuniary claims shall be submitted to the competent Bulgarian court in Sofia in accordance with the rules of subject-matter jurisdiction, to the extent that the law permits an agreed choice of territorial jurisdiction.
19.3. The applicable Trial Access Confirmation or Individual Agreement, together with the documents specified therein, constitutes the entire agreement relating to the relevant access to the Platform and supersedes all prior proposals and arrangements concerning the same subject matter.
19.4. The Client may not assign the Trial Access Confirmation or Individual Agreement without the Provider’s prior written consent. Upon written notice, the Provider may assign the relevant contractual relationship to a successor in connection with:
(a) a corporate reorganisation;
(b) a sale of the business as a going concern; or
(c) a transfer of the Movemar business.
The assignment may not reduce the Client’s contractual rights.
19.5. The invalidity of an individual provision shall not affect the remaining provisions. The Parties shall replace it with a permissible provision that most closely achieves its lawful economic purpose.
19.6. Failure or delay in exercising a right shall not constitute a waiver of that right.