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Terms of Service — SIMtrix

Version 1.0 · Effective: April 1, 2026 · Last Updated: March 16, 2026

TERMS OF SERVICE — SIMtrix

Version: 1.0
Effective Date: April 1, 2026
Last Updated: March 16, 2026

PART II — ENGLISH

1. GENERAL TERMS AND DEFINITIONS

1.1 Parties to the Agreement

Provider (Service Provider):

Client (Service Recipient):

  • An individual, legal entity, or organizational unit that enters into a SIMtrix service subscription agreement on the platform https://simtrix.app and is bound by this Terms of Service.

Merchant of Record (MoR):

  • Paddle.com Market Limited, Peterborough, United Kingdom
  • Paddle acts as the official seller/merchant of SIMtrix services. Payment terms and refund policies may be governed separately by the Paddle Buyer Terms (https://www.paddle.com/legal).

1.2 Definitions

  • Service: The SIMtrix platform — software and service enabling the Client to send SMS messages and make phone calls from the Bitrix24 CRM system using a SIM card installed in an Android device owned by the Client.

  • Android Application: Mobile software called "SIMtrix Bridge" made available for self-download and installation by the Client from https://simtrix.app. The Application is not distributed through Google Play Store or any other application store. The Application has a built-in update mechanism (both manual and automatic).

  • Bitrix24: Third-party CRM software provided by Bitrix, Inc. and its affiliated entities, to which the Client has independently purchased access. SIMtrix is not a manufacturer, distributor, or representative of Bitrix24.

  • SIM Card: A physical SIM card installed in an Android device, owned by the Client or the Client's telecommunications operator.

  • Trial Period: A free 14-day access to full Service features without requiring payment details (or with automatic conversion upon providing payment details).

  • Subscription: An agreement to access the Service on a specified plan (Connect, Reach, or Record) on a monthly or annual basis.

2. SERVICE DESCRIPTION AND NATURE

2.1 Nature of the Service

The Service SIMtrix is exclusively a tool for automation and integration between Bitrix24 and the Client's Android device with a SIM card. SIMtrix is NOT a telecommunications operator, mobile network provider, or VoIP service.

In particular, SIMtrix:

  • Is not a provider of publicly available electronic communications services within the meaning of the European Electronic Communications Code (Directive 2018/1972, EECC) or national telecommunications law
  • Does not provide interpersonal communications services (neither number-based nor number-independent) — the Service merely relays commands from the user to their own device
  • Does not manage a telecommunications network, does not allocate numbers, does not route telephone traffic, and does not intermediate in signal transmission
  • Is not intended for telecommunications arbitrage, bypassing termination fees, or replacing VoIP services or SMS gateways
  • Functions exclusively as a technical integration layer between CRM software and the native API of the Client's Android phone

The Service enables:

  • Making and receiving phone calls via a SIM card installed in an Android device
  • Sending and receiving SMS messages via a SIM card
  • Integration of telecommunications events with the Bitrix24 CRM system
  • Recording phone calls (if the Record plan is selected and configured)

The Service is not intended for processing special category data within the meaning of Article 9 of GDPR (data concerning health, religious beliefs, sexual orientation, biometric data, etc.). The Client undertakes not to intentionally use the Service for the transmission or processing of such data. In the event that such data appears in the content of communications, the Client, as the data controller, bears sole responsibility for its lawful processing.

2.2 "AS IS" Nature — No Warranties

The Service is provided on an "AS IS" (in its present state) and "AS AVAILABLE" (available at any given time) basis.

The Provider does NOT guarantee:

  • Continuous access to the Service
  • Error-free operation of the Android Application
  • Reliable delivery of SMS messages or phone calls
  • Integrity of telecommunications data
  • Compatibility of the Android Application with all versions of the Android operating system
  • Compatibility with all Android device models
  • Automatic data recovery in case of failure
  • That the Android Application will not be flagged, blocked, or removed by Google Play Protect, device manufacturer security systems, or other security software installed on the Client's device

The Client acknowledges and accepts that due to the distribution of the Application outside the Google Play Store, Android security software (including Google Play Protect) may flag the Application as a "Potentially Harmful Application" (PHA) and block its operation or installation. The Provider bears no liability for such blocks, and the Client installs and uses the Application at their own risk, with full awareness of the specifics of APK sideloading distribution.

2.3 Disclaimer of Warranties

THE PROVIDER DISCLAIMS ALL WARRANTIES, INCLUDING:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of freedom from defects
  • Warranties of compliance with law

The Client accepts the Service in its current state and assumes full responsibility for assessing its suitability.

3. REGISTRATION AND ACCOUNT

3.1 Registration Requirements

To register an account with the Service, the Client must:

  • Be at least 18 years old and have full legal capacity to enter into contracts
  • Provide registration data truthfully
  • Accept this Terms of Service in its entirety

Note: Having an active Bitrix24 account (with an appropriate plan enabling REST API integrations), an Android device (version 6.0 or higher), and a SIM card with an active mobile subscription is not required for account registration, but is necessary for proper use of the Service. The Provider is not liable for the inability to use the Service resulting from the Client's lack of the above elements.

3.1a Business Use Declaration (B2B)

By registering an account with the Service, the Client declares and confirms that:

  • They use the Service exclusively for purposes related to their business, professional, or statutory activities (business purpose)
  • They are not a consumer within the meaning of Article 221 of the Polish Civil Code or Directive 2011/83/EU in relation to the use of the Service
  • The subscription is purchased for the needs of the enterprise, not for private use

Consequences: Based on this declaration, consumer protection provisions do not apply to the agreement between the Client and the Provider, including in particular: the right to withdraw from the contract within 14 days (Article 27 of the Polish Consumer Rights Act), extended consumer warranties, and other rights available exclusively to consumers. If the Client is a natural person conducting a sole proprietorship and enters into an agreement directly related to that business but not of a professional nature to them (Article 385(5) of the Polish Civil Code), only the provisions regarding unfair contract terms shall apply.

3.1b Territorial Restrictions and Sanctions (Export Control)

The Client declares and warrants that:

  • They are not located in a country or territory subject to sanctions or embargoes imposed by the European Union, the United States (OFAC), the United Kingdom, or the United Nations
  • They do not appear on sanctions lists (including: EU Consolidated Sanctions List, US SDN List, UK Sanctions List)
  • They will not use the Service on behalf of or for the benefit of persons, entities, or countries subject to sanctions
  • They will not use the Service for purposes inconsistent with export control regulations applicable in the European Union or Poland

Violation of this section results in immediate termination of the agreement without compensation and may be reported to the relevant authorities. The Provider reserves the right to refuse to provide the Service or to block the account without prior notice if it has reasonable suspicion of a violation of sanctions regulations.

3.2 Account Data

The Client is responsible for:

  • Confidentiality of login credentials
  • All activity conducted on the account
  • Promptly notifying the Provider of unauthorized access
  • Keeping contact information up to date

3.2a Android Device Security

The Client is solely responsible for the security of the Android device on which the Android Application "SIMtrix Bridge" is installed. In particular, the Client undertakes to:

  • Use screen lock (PIN, password, biometrics) on the device
  • Keep the Android operating system and applications updated to the latest versions
  • Not install software from untrusted sources (except the SIMtrix Bridge Application)
  • Not perform rooting or other system modifications that weaken security
  • Immediately notify the Provider (support@simtrix.app) in case of theft, loss, or compromise of the device — the Provider will promptly revoke all access tokens associated with that device
  • Not share the device with the installed Application with unauthorized persons

The Provider bears no liability whatsoever for data stolen from the Client's device as a result of: physical theft of the device, malware infection, unauthorized access to the device, hacking attacks on the device, the Client's negligence in securing the device, sharing the device with third parties, or any other security event concerning the device that is not directly caused by the Provider's fault.

The SIMtrix Bridge Application stores on the device only: an authentication token (JWT), a push notification token (FCM), and configuration data. SMS content, call recordings, and CRM contact data are not stored locally on the device. In the event of a reported device compromise, the Provider will promptly revoke all access tokens associated with the device, which will prevent further use of the Service from that device.

Rooting, ADB Override, and System Modifications: A Client who roots their Android device, uses Android Debug Bridge (ADB) to bypass system limits (including SMS sending limits imposed by the Android system), installs custom ROMs, or modifies the operating system in any other way, does so at their own sole risk. The Provider bears no liability for: data loss, device damage, SIM card blocking by the carrier, additional charges imposed by the carrier, voiding of the device manufacturer's warranty, or any other consequences arising from Android system modifications. The Provider's technical support does not cover rooted devices or devices with modified operating systems.

3.3 Account Suspension

The Provider reserves the right to immediately suspend or delete the Client's account without compensation if the Client:

  • Violates this Terms of Service
  • Violates applicable law, especially telecommunications or anti-spam laws
  • Uses the Service for purposes inconsistent with its intended use

4. TRIAL PERIOD

4.1 Trial Period Terms

  • Duration: 14 days from account activation
  • Access: Full access to all features of the selected plan
  • Cost: Free of charge
  • End of Trial: Automatic conversion to a paid subscription if:
    • The Client provided payment details (credit card or other method accepted by Paddle)
    • The Client did not cancel the subscription before the expiration of 14 days

4.2 Canceling the Trial Period

The Client may cancel the subscription at any time during the trial period through the account dashboard. Upon cancellation, access is either immediately terminated or extended until the end of the 14-day period, depending on the Provider's configuration.

5. PAYMENTS AND SUBSCRIPTIONS

5.1 Subscription Models

The Service is offered in three variants:

PlanPrice (USD/SIM/month)Annual DiscountMain Features
Connect$3~17%Calls + SMS (no recording)
Reach$7~17%Calls + SMS + SMS Queuing
Record$12~17%All features + Call Recording

Prices are subject to change. Price changes will be communicated with 14 days' notice.

5.2 Billing and Renewals

  • Frequency: Monthly or annual, depending on Client's choice
  • Billing Date: The first day of each month or the anniversary of the subscription
  • Payment Method: Credit card, PayPal, or other methods accepted by Paddle
  • Automatic Renewal: The subscription automatically renews for the next period unless the Client cancels it
  • Currency: USD (or other currency supported by Paddle in the Client's region)

5.3 Merchant of Record — Paddle

  • Paddle.com Market Limited acts as the Merchant of Record (MoR) — the official seller of the Service
  • Payment terms, refunds, and buyer protection are governed by the Paddle Buyer Terms: https://www.paddle.com/legal
  • Invoices are issued by Paddle on behalf of the Provider
  • The Client accepts that transactions are processed by Paddle

5.4 Refunds

  • Trial Period: No refunds for the trial period (access is free)
  • Paid Subscriptions: Refunds are governed by Paddle's policy (https://www.paddle.com/legal)
  • Right of Withdrawal: The Client has the right to withdraw from the contract within 14 days of activating the subscription (consumer withdrawal right), if applicable
  • Refund Requests: Contact support@simtrix.app or directly contact Paddle

5.5 Taxes

All amounts listed on the Service's website may not include local taxes. The Client is responsible for paying all applicable taxes (VAT, GST, etc.) in accordance with local law. Paddle will automatically calculate and add taxes based on the Client's location.

6. ANDROID APPLICATION — INSTALLATION AND REQUIREMENTS

6.1 Application Distribution

The Android Application "SIMtrix Bridge" is made available for self-download from https://simtrix.app. The Application is not distributed through Google Play Store or any other application store. The Client downloads and installs the Application at their own risk, understanding that:

  • The Application does not undergo the safety verification process typical of the Google Play Store
  • Google Play Protect may display warnings regarding installation from unknown sources
  • Installation requires enabling "Unknown Sources" or "Install from Unknown Sources" in Android settings

APK Authenticity Verification: The APK file of the Application is digitally signed with the Provider's developer key. The Client should download the Application exclusively from the official website https://simtrix.app/download/SIMtrix-Bridge.apk. The Provider may make the SHA-256 checksum of the APK file available on the download page to enable the Client to verify the integrity of the downloaded file. The Provider bears no liability for the installation of APK files downloaded from unofficial sources.

6.1a Application Updates

The Application has a built-in update mechanism (both manual and automatic), independent of Google Play Store. The Client acknowledges that:

  • Updates are delivered directly from the Provider's servers (https://simtrix.app)
  • The Provider recommends enabling automatic updates in the Application settings
  • The Provider does not guarantee compatibility of older Application versions with the current version of the Service
  • The Client bears responsibility for using outdated versions of the Application

6.2 Technical Requirements

  • Operating System: Android 6.0 (API 23) or higher
  • RAM: Minimum 2 GB
  • Storage: Minimum 50 MB of free internal storage
  • Permissions:
    • Access to phone calls
    • Access to SMS
    • Display over other apps (overlay)
    • Internet access
    • Other permissions required for proper functioning

6.3 Installation and Configuration

  • The Client downloads the APK from https://simtrix.app
  • Installation is done manually according to instructions
  • Enabling permissions in Android settings is required
  • Configuration of the required SIM card
  • Login with SIMtrix account credentials

6.4 Compatibility

The Provider does not guarantee compatibility of the Application with:

  • All Android versions (especially newer versions with tightened security measures)
  • All device manufacturers (Samsung, Xiaomi, etc.)
  • All custom ROMs (GrapheneOS, Lineage OS, etc.)
  • All devices with dual SIM cards — support is on a "best effort" basis

The Client tests the Application in their environment and accepts all compatibility issues.

6.5 Android Debug Bridge (ADB) Override

If the Client uses Android Debug Bridge (ADB) or other tools to override standard Android permissions, they do so at their own risk and under their own responsibility. The Provider does not support and is not liable for any resulting issues.

7. CLIENT OBLIGATIONS AND RESPONSIBILITY

7.1 Compliance with Telecommunications Law

The Client agrees to use the Service only in compliance with applicable telecommunications law, in particular:

  • Polish Act on Protection of Competition and Consumers
  • Polish Telecommunications Act
  • Consumer Code (if applicable)
  • National and international data protection regulations (GDPR, etc.)

7.2 No SPAM — Acceptable Use Policy

THE CLIENT AGREES NOT TO USE THE SERVICE FOR:

  • Sending SMS messages without the recipient's consent
  • Sending mass unsolicited SMS messages (spam)
  • Violating the Polish Act on Protection of Competition and Consumers (articles 10-12 regarding spam)
  • Marketing campaigns without prior recipient consent
  • Distributing illegal content (hate speech, racism, etc.)
  • Phishing, scams, or fraud
  • Violating the privacy of third parties
  • Distributing malware or malicious software
  • SMS pumping (artificially generating SMS traffic to premium-rate or revenue-sharing numbers)
  • Premium-rate fraud (using the Service to send SMS messages or make calls to premium-rate numbers for financial gain)
  • Call fraud (including but not limited to: Wangiri fraud, artificial traffic generation, PBX hacking through the Service, or any other form of telecommunications fraud)
  • Artificially generating telecommunications traffic (including through bots, scripts, or automated tools) for the purpose of inflating carrier charges, generating referral revenue, or any other form of traffic manipulation

The Client is obligated to comply with anti-spam and telecommunications regulations in all jurisdictions in which they conduct communications through the Service, including but not limited to: GDPR and ePrivacy Directive (EU), TCPA — Telephone Consumer Protection Act (USA), PECR — Privacy and Electronic Communications Regulations (UK), CAN-SPAM Act (USA), CASL — Canada's Anti-Spam Legislation (Canada), and any other local anti-spam regulations. Ignorance of foreign law does not relieve the Client of liability.

Violation of this provision results in immediate account suspension or deletion without refund.

7.2a Indemnification Clause (Release from Liability)

The Client agrees to indemnify, defend, and hold harmless the Provider (ANTENA sp. z o.o.), its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:

  • The Client's breach of this Terms of Service, including in particular the Acceptable Use Policy (section 7.2)
  • Third-party claims resulting from the Client's use of the Service (including but not limited to: recipients of SMS messages, recipients of phone calls, telecommunications operators, regulatory authorities)
  • Fines or penalties imposed by regulatory authorities (including telecommunications regulators, data protection authorities, consumer protection authorities) in connection with the Client's use of the Service
  • Claims by mobile carriers arising from the Client's breach of carrier terms of service
  • Claims related to the Client's illegal recording of phone calls without the required consent of the parties to the conversation
  • Claims related to the transmission of illegal, defamatory, threatening, or harmful content via the Service
  • Any form of telecommunications fraud (SMS pumping, premium-rate fraud, call fraud, traffic manipulation) carried out through the Service

This indemnification obligation survives the termination of the agreement and applies regardless of whether the Client acted intentionally or negligently.

7.3 Phone Call Recording

The Client using the call recording feature (Record plan) agrees to:

  • Obtain consent from all parties to the call for recording in accordance with applicable law
  • In Poland, recording requires mutual consent (article 19 of the Consumer Protection and Competition Act)
  • Inform recipients of the recording at the beginning or before initiating the call
  • Store recorded calls securely and delete them in accordance with GDPR
  • The Client is entirely responsible for the legality of recording — the Provider is not liable for privacy violations
  • Lack of consent may result in the Client's criminal liability

The Provider does NOT verify the legality of call recording in any jurisdiction. Call recording laws vary significantly by country, state/province, and regulated sector (e.g., finance, healthcare). Some jurisdictions require one-party consent, others require all-party consent, and in some jurisdictions recording may be entirely prohibited. The Client is solely responsible for determining and complying with the legal requirements for recording in every jurisdiction in which they conduct recordings. Enabling the recording feature in the Service does not constitute any warranty or confirmation of its legality in the Client's jurisdiction.

Recording notification tone: The SIMtrix Bridge Application does NOT emit an automatic notification tone (beep) or voice message informing the other party of the recording. The obligation to inform all parties to the call about the recording — in the manner and form required by applicable law — rests solely with the Client. The Provider bears no liability for failure to inform call participants about the recording.

7.4 Ownership of SIM Card and Compliance with Carrier Terms

  • The Client confirms having the right to use the SIM card installed in the Android device
  • The SIM card is owned by the Client or the Client's telecommunications operator
  • The Client will not use the SIM card without the owner's consent
  • The Client undertakes to comply with the terms and conditions of their mobile carrier agreement, including in particular any restrictions on mass SMS sending, automatic number dialing, SMS volume limits, and use of the SIM card in a manner inconsistent with the purpose defined by the carrier
  • The Provider bears no liability whatsoever for the Client's breach of their mobile carrier agreement, including but not limited to: SIM card blocking by the carrier, additional charges imposed by the carrier, termination of the carrier agreement, restriction of carrier services, or any other consequences arising from violation of the carrier's terms of service

The Client agrees not to:

  • Transfer personal data of third parties to the Service without their consent
  • Infringe on copyrights, trademarks, or patents
  • Violate data protection regulations (GDPR)

7.5a Compliance with Bitrix24 Terms

The Client undertakes to:

  • Maintain an active Bitrix24 account with a plan that supports REST API integrations (including webhooks and marketplace applications)
  • Comply with the Bitrix24 Terms of Service, including all API limits, integration restrictions, and acceptable use policies
  • Ensure that their Bitrix24 region and data location configuration complies with applicable data protection regulations (in particular GDPR), including requirements for cross-border data transfers

The Provider bears no liability for:

  • Changes to the Bitrix24 API or platform that may affect the operation of the Service
  • Suspension or deletion of the Client's Bitrix24 account by Bitrix, Inc.
  • Incompatibility of the Client's Bitrix24 plan with integration requirements
  • The location of the Client's CRM data in Bitrix24 or any legal consequences arising from the Client's chosen data storage region in Bitrix24
  • Consequences of the Client's breach of Bitrix24 terms of service

8. ACCEPTABLE USE POLICY

8.1 Prohibited Activities

The Client will not:

  1. Hacking and Unauthorized Access:

    • Attempt to hack into the Provider's servers or other Clients' accounts
    • Perform port scanning or network scanning
    • Use security testing tools without Provider's consent

  2. System Overloading:

    • Send an abnormally large number of SMS messages or calls
    • Automatically generate traffic to overload the server
    • Use bots or scripts for automation beyond the Service's intended use

  3. Data Scraping:

    • Automatically retrieve large amounts of data from the Service
    • Reverse-engineer the Service's API

  4. Intellectual Property Infringement:

    • Distribute content infringing copyrights
    • Counterfeit the Provider's trademarks

  5. Malicious Activities:

    • Distribute malware, viruses, Trojans
    • Engage in phishing or social engineering
    • Create false accounts for fraudulent purposes

8.2 Monitoring and Enforcement

The Provider reserves the right to:

  • Monitor traffic in the Service to detect violations
  • Block accounts that violate this Terms of Service
  • Disclose information to law enforcement if required by law

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Provider's Ownership

All rights to the Service, including:

  • Source code (server-side and Android Application)
  • User interfaces
  • Documentation
  • Trademarks (SIMtrix, logo)
  • Graphics, text, video on https://simtrix.app

are the exclusive property of ANTENA sp. z o.o.

9.2 Client's License

The Client receives a non-exclusive, non-transferable, revocable license to:

  • Use the Android Application on their device
  • Access the Service through their account
  • This only while the Client remains a subscriber and complies with this Terms of Service

9.3 Prohibition of Modification

The Client will not:

  • Decompile, disassemble, or reverse-engineer the source code of the Android Application
  • Modify the Android Application
  • Distribute modified versions of the Application
  • Remove copyright notices from the Application

Violation results in immediate account suspension and potential legal action.

10. EXCLUSIONS AND LIMITATIONS OF PROVIDER'S LIABILITY

10.1 No Liability for Communication Content

The Provider is not liable for:

  • The content of SMS messages or calls sent by the Client
  • Legality of the Client's communications
  • Privacy violations of SMS message recipients
  • Infringement of copyrights or trademarks in SMS messages
  • Spam sent by the Client
  • Fraud or phishing conducted by the Client

The Client is entirely responsible for the content and legality of communications.

10.2 No Liability for Non-Delivery of SMS or Calls

The Provider does not guarantee and is not liable for:

  • Delivery of SMS messages sent through the Service
  • Timely delivery
  • Quality or reliability of phone calls
  • Lost, delayed, or duplicate SMS messages
  • Dropped or interrupted calls
  • Errors or delays in Bitrix24 integration
  • Unavailability of SIM card or lack of network coverage

SMS messages and calls are delivered on an "AS IS" basis, without any warranties.

10.3 No Liability for Service Interruptions

The Provider does not guarantee and is not liable for:

  • Interruption of access to the Service
  • Server failure
  • Inability to communicate between server and Android Application
  • Errors in the Android Application
  • Bitrix24 integration issues (resulting from Bitrix24 API)
  • Lack of SLA (Service Level Agreement)

The Service is provided on an "AS AVAILABLE" basis — available at any given time.

10.4 No Liability for Data Breach and Cyberattacks

The Provider is not liable for:

  • Unauthorized account access resulting from Client's negligence
  • Data leaks caused by compromised Client passwords
  • Data theft as a result of cyberattacks that the Provider could not reasonably foresee or prevent

The Provider takes reasonable security steps, but absolute security does not exist.

10.5 No Liability for Bitrix24 Failures

The Provider is not liable for:

  • Failures, errors, or unavailability of Bitrix24 API
  • Changes in Bitrix24 API leading to incompatibility
  • Deletion of Bitrix24 account by Bitrix24
  • Inability to integrate with Bitrix24

The Service is dependent on the availability of Bitrix24 API — there is no guarantee of its continuity.

10.6 No Liability for Telecommunications Operator Failures

The Provider is not liable for:

  • Lack of mobile network coverage
  • Telecommunications operator network failure
  • Blocking of SMS messages by the operator
  • SIM card closure by the operator
  • Operator-imposed restrictions on SMS sending (rate limiting)

The Service is dependent on the reliability of the telecommunications operator.

10.7 Exclusion of Indirect Damage Liability

THE PROVIDER EXCLUDES LIABILITY FOR:

  • Lost profits
  • Lost revenue
  • Lost data
  • Loss of reputation
  • Business interruption of the Client
  • Cover costs
  • All indirect, unintended, incidental, or consequential damages

even if the Provider has been notified of the possibility of such damages.

10.8 Limitation of Liability

The Provider's total liability for all claims is limited to the lesser of:

(a) THE SUM OF FEES PAID BY THE CLIENT IN THE LAST 3 MONTHS (or less if the Client has used the Service for less than 3 months), or (b) €5,000 EUR (five thousand euros) — whichever is lower.

If the Provider's liability would be $0 USD/EUR (e.g., during trial period or without any payments), the Provider's liability is $0 USD/EUR.

This limit applies to the aggregate of all Client claims against the Provider arising from this Terms of Service, the Privacy Policy, the DPA, and any other legal basis. This limit applies regardless of the legal basis of the claim (contract, tort, strict liability, or otherwise).

10.9 No Liability for Client Actions

The Provider is not liable for:

  • Application malfunction caused by Client's modifications to Android
  • Account deletion due to violation of this Terms of Service
  • Service suspension resulting from law enforcement requests
  • Losses incurred due to Client's failure to meet obligations

10.10 Force Majeure

The Provider shall not be liable for failure to perform or improper performance of obligations under this Terms of Service if caused by force majeure circumstances, including but not limited to:

  • Natural disasters, epidemics, pandemics, acts of war, acts of terrorism
  • Failures of telecommunications or power infrastructure beyond the Provider's control
  • Changes, restrictions, failures, or discontinuation of the Bitrix24 API or platform by Bitrix, Inc. (including changes to access policies, API limits, marketplace closure)
  • Changes in Google policies regarding Android, Play Protect, or APK application distribution
  • Failures or restrictions imposed by the server infrastructure provider (OVH SAS)
  • Failures or restrictions of Google Firebase services (FCM)
  • Decisions of regulatory authorities, court orders, or changes in legislation
  • Cyberattacks on the Provider's infrastructure of a scale exceeding reasonable protective measures (DDoS, APT)

In the event of force majeure, the Provider shall make reasonable efforts to inform Clients of the situation and the expected duration. The duration of force majeure shall not constitute grounds for claims for compensation, fee refunds, or restitution.

11. DATA PROTECTION AND PRIVACY

11.1 Privacy Policy

The processing of Client's personal data is regulated by:

11.2 GDPR and Data Protection

The Provider, as a Data Controller:

  • Processes Client's personal data in accordance with GDPR (Regulation (EU) 2016/679)
  • Does not retain SMS messages or call content longer than required by law
  • Client has the right to access, rectify, delete data, and the right to be forgotten
  • Data-related requests: support@simtrix.app

11.3 Data Security

  • The Provider implements reasonable security measures (TLS encryption, access control)
  • The Provider does not guarantee absolute security
  • The Client is responsible for secure storage of credentials (login/password)

11.4 SMS and Call Content

  • SMS messages and calls are transmitted through the Provider's servers and may be logged (for diagnostic purposes)
  • The Client should not transmit sensitive data (passwords, credit card numbers) through the Service
  • The Provider does not read or analyze the content of SMS messages (except for security logs)

11.5 Data Breach Notification

In the event of a personal data breach (data breach) affecting the Provider's infrastructure that may impact Client data, the Provider will:

  • Notify the Client of the breach without undue delay, no later than within 72 hours of confirming the breach, via the email address associated with the Client's account
  • Provide the Client with available information about the nature of the breach, the categories of data affected, and the remedial measures taken
  • Bear no liability for breaches resulting from: the Client's actions, attacks on the Client's device, security breaches on the part of Bitrix24 or the Client's telecommunications operator, or events outside the Provider's infrastructure

The notification obligation set forth in this section applies solely to confirmed breaches of the Provider's infrastructure and does not cover incidents on the part of third parties (Bitrix24, telecommunications operator, Google Firebase).

12. SUSPENSION AND TERMINATION OF AGREEMENT

12.1 Account Suspension by Provider

The Provider may immediately suspend the Client's account without compensation if the Client:

  • Violates this Terms of Service
  • Violates applicable law
  • Sends spam or malicious messages
  • Attempts to hack into accounts
  • Infringes on intellectual property rights or privacy of third parties
  • Poses a threat to the security of the Service or other Clients

12.2 Subscription Cancellation by Client

The Client may cancel the subscription at any time by:

Upon cancellation:

  • Access to the Service is immediately terminated or extended to the end of the current billing period
  • No refund for the remaining portion of the billing period (unless a withdrawal right applies)

12.3 Contract Termination

The contract is deemed terminated:

  • Upon subscription cancellation by the Client (Client-initiated termination)
  • After account suspension by the Provider for 90 days without reactivation (Provider-initiated termination)
  • Upon loss of Client status (e.g., deletion of Bitrix24 account)

12.4 Rights and Obligations After Termination

Upon contract termination:

  • Access to the Service and data is immediately revoked
  • The Client is obligated to promptly remove the Android Application from all devices
  • SMS messages and calls sent before termination may still be in delivery
  • The Provider is not liable for SMS messages or calls sent after account closure

13. CHANGES TO TERMS OF SERVICE

13.1 Right to Modification

The Provider reserves the right to modify this Terms of Service at any time. Changes will be communicated at least 14 days before taking effect.

13.2 Notification

The Provider will notify the Client of changes through:

  • Email to the address provided in the account
  • In-account notification
  • Announcement on https://simtrix.app

13.3 Continued Use

If the Client continues to use the Service after 14 days from notification, it is assumed that the Client has accepted the modified Terms of Service.

If the Client does not accept the changes, they have the right to cancel the subscription without penalties.

14. COMPLAINTS AND DISPUTE RESOLUTION

14.1 Complaint Procedure

If the Client wishes to file a complaint, they should:

  1. Contact Support: support@simtrix.app
  2. Provide Details: Date, description, screenshot if necessary
  3. Provider will review the complaint within 14 days of filing

14.2 Dispute Resolution

Before the Client files a lawsuit, they are obligated to:

  1. Resume dialogue with the Provider (email to support@simtrix.app)
  2. Give the Provider 30 days to resolve the dispute in good faith
  3. If the dispute is not resolved, the Client may file a lawsuit (see Section 15)

14.3 Mediation (Optional)

The parties may agree to mediation instead of litigation to resolve the dispute.

15. GOVERNING LAW AND JURISDICTION

15.1 Governing Law

This Terms of Service and all agreements between the Provider and the Client are governed by the law of the Republic of Poland, excluding conflict of law provisions.

15.2 Jurisdiction and Competent Court

The competent court for resolving disputes is the district or general court in Gdynia or Gdańsk, depending on the value of the claim and subject matter jurisdiction.

15.3 Exceptions

The above provision does not exclude:

  • Appeals to the highest courts if the Client is a consumer
  • The Provider's enforcement of claims in a court having jurisdiction over the Client

16. FINAL PROVISIONS

16.1 Severability

If any provision of this Terms of Service is found to be invalid, unreasonable, or unenforceable, the remaining provisions remain in force, and the invalid provision is modified to the minimum extent necessary to be valid.

16.2 Entire Agreement

This Terms of Service, together with the Privacy Policy and DPA (if applicable), constitutes the entire agreement between the Provider and the Client and supersedes all prior agreements, understandings, and discussions.

16.2a Governing Language

This Terms of Service is prepared in Polish and English. In the event of any discrepancy between the language versions, the English version shall prevail. The Android Application and Administration Panel interface may be available in additional languages; however, the legal documents (Terms of Service, Privacy Policy, DPA) are available only in Polish and English.

16.3 Waiver

The Provider's failure to exercise any right under this Terms of Service does not constitute a waiver of that right.

16.4 Assignment

The Client cannot assign its rights and obligations under this Terms of Service without written consent from the Provider. The Provider has the right to assign its rights to a successor (e.g., in case of merger or acquisition).

16.5 Contact Information

For questions regarding this Terms of Service:

ANTENA sp. z o.o.
E-mail: support@simtrix.app
Website: https://simtrix.app
Address: ul. Działdowska 16, 81-208 Gdynia, Poland

16.6 Effective Date

This Terms of Service takes effect on April 1, 2026 for all new clients and for existing clients within 14 days of publication.

END OF TERMS OF SERVICE

Questions? Contact us at support@simtrix.app