Terms and conditions

Version TRIAL-1.0 · 9 October 2026

These terms govern the use of the www.optiswift.ro website and of the free OptiSwift trial account. The paid subscription is not governed by these terms but by the documents listed in clause 10.2.

The version of these terms is identified by the code shown at the beginning of the text (TRIAL-1.0). These terms are drawn up in Romanian, and the contract for the trial account is concluded in Romanian.

1. The Provider and contact details

1.1. The Site, the Software and the Service are provided by OPTISWIFT S.R.L., a limited liability company with its registered office at București, Sectorul 3, Str. Nerva Traian nr. 27-33, Scara B, Etaj 1, Birou 6, registered with the Trade Register under no. J2026055914008 (EUID ROONRC.J2026055914008), CUI 55636472, with subscribed and paid-up share capital of 500 lei, hereinafter “the Provider”.

1.2. The Provider can be contacted:

• by email, at contact@optiswift.ro;
• through the form on the Site’s contact page;
• by post, at its registered office.

The Provider has no telephone line for the public.

1.3. The Provider answers messages received by email or through the contact form every day, including Saturdays, Sundays and public holidays: the first reply is sent the same day for messages received by 18:00 (Romanian time), and, for messages received after that time, by 12:00 the following day.

2. Definitions

In these terms:

• “Software” means the OptiSwift application for managing optical practices, which is installed on computers running the Windows operating system or on Mac computers with an Apple processor;
• “Service” means the online components through which the Software works: data hosting, authentication, server-side functions and updates;
• “Practice” means the professional on whose behalf the trial account is requested or opened (a company, an authorised natural person, a sole proprietorship, an individual practice or another form of professional practice), identified by a Romanian tax identification code (CUI);
• “Site” means the www.optiswift.ro website, including the account pages at www.optiswift.ro/cont.

3. Use of the Site

3.1. The information on the Site describes the Software and the Service in their published version and is provided for information only. General tax or legal information on the Site does not constitute advice. Subscription prices, with the statement on VAT, are published on the pricing page.

3.2. The Site’s own texts, images and graphic elements, as well as the OptiSwift name and logo, belong to the Provider and are protected by law. They may be quoted within the limits permitted by law, with the source indicated, but may not be reproduced, modified or used for another product or service without the Provider’s written consent.

3.3. It is forbidden to use the Site to attempt unauthorised access to the Site, the Service or other persons’ data, to circumvent security measures or the usage limits of the forms, or to extract content automatically in large volumes.

3.4. The Site links to pages of other providers, for example to the Software’s installation files, hosted by GitHub, or to Stripe’s payment pages. Those pages operate under the conditions set by their providers.

3.5. How the Provider processes personal data is described in the Privacy Policy, and the cookies and browser storage used by the Site are described in the Cookies and Browser Storage Policy.

3.6. The account pages at www.optiswift.ro/cont are used, for a trial account, under these terms and, for a subscription, under the Subscription Terms (clause 10.2).

4. Who may open a trial account

4.1. The trial account is offered only to professionals, for evaluating the Software with a view to using it in their professional activity. The trial account is not offered to consumers.

4.2. The person who completes the form declares that they are entitled to act on behalf of the Practice and that the data entered are correct.

4.3. Each Practice, identified by its CUI, and each email address may have only one trial account.

4.4. The Provider is not obliged to open a trial account. The Provider may refuse a request that does not meet the conditions of clauses 4.1–4.3 or that exceeds the Site’s sign-up limits (the number of requests sent within one hour from the same network address and the number of requests confirmed within a 24-hour period); the refusal is shown in the form or communicated by email.

5. How the contract for the trial account is concluded

5.1. The request is made through the trial account form, in three steps:

• the Practice’s details: its CUI, name, county and town; from the CUI, the Site fills in the other details, where possible, from the register of ANAF (Romania’s tax authority), and the details filled in can be corrected;
• the contact person’s details: name, email address and telephone number;
• review: a screen showing the data entered, with an “Edit” option on each line, through which any input error can be identified and corrected before the form is submitted.

5.2. Submitting the form requires two separate ticks: one consenting to the opening of the account and to the sending, by email, of the confirmation and of the link for choosing a password; and, separately, one expressly accepting the clauses listed in clause 16.2. By submitting the form, the Practice accepts these terms.

5.3. The Provider confirms receipt of the request by an email sent to the address in the form, containing the link for confirming the address, which is valid for 48 hours. If the link is not used within this period, the request is closed, and the Practice may submit a new request.

5.4. Once the address is confirmed, the trial account is created automatically. The contract for the trial account is concluded when the account is created. The Provider then sends, to the same address, the link for choosing the password, which is valid for 72 hours and can be used only once; on request, the Provider sends a new link.

5.5. As evidence that the contract has been concluded, the Provider keeps the date and time the request was received and the version of these terms in force on that date. A request cannot be received without both ticks in clause 5.2. For a trial account opened under clause 5.7, the Provider keeps the email in which the Practice confirmed its acceptance.

5.6. The version of these terms in force is permanently published on this page and can be saved or printed. Each published version remains available, unchanged, at its permanent address (for example, www.optiswift.ro/abonament/termeni-proba/TRIAL-1.0). The Provider keeps each published version and sends it free of charge by email on request. The Provider has not subscribed to any code of conduct.

5.7. Where, at the Practice’s request, the trial account is opened without the form on the Site, the Provider first sends these terms by email, and the account is created only after the Practice confirms in writing, by email, that it accepts the terms and, separately, the clauses listed in clause 16.2.

6. What the trial account includes

6.1. The trial account is free and lasts seven days, counted from its creation (clause 5.4), even if the password is chosen later. During the trial, the Software shows the time remaining. The Provider does not request or receive any payment instrument for the trial account.

6.2. The trial account opens the Software on a demo optical practice, with one location and a fictitious activity history: the patients, consultations, orders, sales, stock and other records are fabricated. The only real data in the account are the Practice’s name and CUI, the contact person’s name and their email address, which is used for signing in. The Practice may work in the Software on this data, including by adding or modifying fictitious records.

6.3. Documents printed from the trial account carry on every page the notice “TRIAL PERIOD — NO FISCAL VALUE”. They have no fiscal value and cannot replace the records required by law; during the trial, the Practice keeps its records in the system it already uses.

6.4. The following are not available in the trial account:

• issuing invoices and credit notes, generating files for e-Factura (Romania’s national e-invoicing system) and accounting exports;
• sending SMS or WhatsApp messages;
• importing data from files or from other programs;
• the in-app assistant;
• the Software’s “Issues and suggestions” form, in place of which the Practice uses the channels in clause 1.2;
• adding users, changing permissions and changing the Software’s administrative settings;
• deleting records and a few other operations that are hard to undo, namely the operations that require the “Delete records”, “Backdated sale”, “Write off outstanding balance” and “Reverse completed goods receipt” permissions.

6.5. The Practice chooses a single password, which is used for both stages of signing in to the Software and can be changed later. The Practice keeps the password confidential and notifies the Provider without delay if it suspects that the password has reached an unauthorised person.

7. The trial account contains no real data

7.1. The trial account is used solely for evaluation, on fictitious data. The Practice shall not enter into it real personal data of patients, customers, employees or other persons, for example names, personal numeric codes (CNP), contact details, examination results or prescriptions, nor any real documents.

7.2. The trial account is not covered by a data processing agreement within the meaning of Article 28 of Regulation (EU) 2016/679. The Provider agrees to process the data of the Practice’s patients, as a processor, only after the subscription has been activated and the Data Processing Agreement has been concluded (clause 10.2).

7.3. The Practice is liable for any real data it enters into the trial account in breach of clause 7.1.

8. Closure of the trial account by the Provider

8.1. The Provider may close the trial account before it expires, by a notice sent to the email address in the form stating the reason, without formal notice of default and without court intervention, if: (a) the account was opened with false data or by a person not entitled to represent the Practice; (b) the account breaches the rule in clause 4.3; (c) real data have been entered into the account, in breach of clause 7.1; (d) the Site, the Software or the Service is used in breach of clause 3.3 or clause 11.3. From closure, the account is no longer accessible, and clause 9.2 applies, with its periods counted from the date of closure. (Clause expressly accepted under Article 1203 of the Civil Code; see clause 16.)

8.2. The Practice may stop using the trial account at any time, without any obligation to the Provider.

9. Day 8: expiry, deactivation and deletion of the trial account

9.1. When the seven days have elapsed, that is, on day 8, at the time of day at which the account was created, the trial account expires: the Software no longer opens the demo practice, and the data in it are no longer accessible. After expiry, signing in remains possible until the account is deleted (clause 9.2), so that the Practice can activate the subscription (clause 10).

9.2. Three days after expiry, the trial account is deactivated. Ten days after expiry, the trial account and the data in it, including uploaded files, are permanently deleted, except as set out in clause 9.3, and can no longer be recovered by the Practice. The daily database backups that still contain this data expire no later than 7 days after deletion. The Provider does not offer a period for recovering or exporting data from the trial account. Deactivation and deletion normally take place during the night after each period ends. (Clause expressly accepted under Article 1203 of the Civil Code; see clause 16.)

9.3. After deletion, the only data kept from the trial account are the Practice’s name, the date of deletion, the number of records deleted and the list of files deleted, held in the Provider’s internal deletion records as evidence of the deletion; at the request of the Practice or of the contact person, sent to contact@optiswift.ro, the Practice’s name is removed from these records.

The data in the request to open the account, the data in any request to activate the subscription and the Software’s automatic error reports are not part of the trial account; they, and the periods for which they are kept, are described in the Privacy Policy.

9.4. The trial account is a non-production version of the Service, made available for testing and evaluation for a limited period. Under Article 31(2) of Regulation (EU) 2023/2854 (the Data Act), the obligations in Chapter VI of that regulation on switching between data processing services, including data export, the minimum period of 30 days for data retrieval and the complete erasure of the data after that period, do not apply to the trial account. They apply to the subscription, under the Subscription Terms. This notice is the information required by Article 31(3) of the same regulation.

10. Moving to a subscription

10.1. The trial account does not turn into a subscription by itself and does not give rise to any payment.

10.2. The subscription is concluded only by activation, separately from these terms. On activation, the Practice accepts:

• the Subscription Terms, published at www.optiswift.ro/abonament/termeni, in the version in force on the date of activation (on the date of these terms, version ABON-1.1);
• the Data Processing Agreement on the processing of personal data, published at www.optiswift.ro/abonament/contract-imputernicire, together with Annex I, published at www.optiswift.ro/abonament/anexa-i, and the list of sub-processors, published at www.optiswift.ro/abonament/subimputerniciti.

At the same time, the Practice takes note of the Privacy Policy, published at www.optiswift.ro/confidentialitate.

10.3. The subscription, the processing of the data the Practice enters into the Software and the use of the Software and the Service by a subscribing practice are governed by the documents in clause 10.2. On activation, these terms cease to apply to the trial account; clause 3 continues to apply to the use of the Site.

10.4. Activation is done from the Software or from the Site, through the option to activate the subscription when it is shown, or by writing to the Provider. On activation, the trial period ends, and any remaining trial days are not added to the paid period. The Practice receives a new account for its optical practice, without the demo data, which it signs in to with the same email address and the same password.

11. Licence and intellectual property rights

11.1. The Provider holds the economic rights of copyright in the Software, the Service and the Site, except for the open-source components and other third-party components included in them, which remain subject to their own licences; clauses 11.2 and 11.3 do not restrict the rights that those licences grant directly to users. The OptiSwift name and logo belong to the Provider.

11.2. For the duration of the trial account, the Provider grants the Practice a free, non-exclusive, non-transferable licence, without the right to sublicense, to install the Software on its own computers and to use the Software and the Service, solely to evaluate them for the purposes of the Practice’s activity. The licence ends when the trial account expires or is closed and does not transfer any copyright to the Practice (Article 76(2) of Law no. 8/1996 on copyright and related rights).

11.3. The Practice may not copy, modify, adapt, decompile or disassemble the Software, may not rent it, sell it or make it available to other persons, and may not host the Software or the Service for others, except for the acts permitted by Articles 77–81 of Law no. 8/1996.

11.4. The Provider may freely use, for developing the Software, the ideas and suggestions received from the Practice, without any obligation to it.

12. Availability and liability

12.1. The trial account is free and is made available as is. For the trial account, the Provider does not guarantee that the Software and the Service will operate without interruption or errors and does not commit to any service level. The Software receives updates, and its functions may change during the trial. (Clause expressly accepted under Article 1203 of the Civil Code; see clause 16.)

12.2. Within the limits of Article 1355 of the Civil Code, the Provider is not liable for pecuniary loss caused to the Practice through mere imprudence or negligence in connection with the use of the Site or of the trial account. (Clause expressly accepted under Article 1203 of the Civil Code; see clause 16.)

12.3. Clauses 12.1 and 12.2 do not apply to damage caused intentionally or through gross negligence, to harm to a person’s life, physical or mental integrity or health, or in the other cases in which the law does not allow liability to be excluded or limited. These terms do not limit the rights that data subjects have under Regulation (EU) 2016/679.

12.4. Neither party is liable for non-performance caused by force majeure or a fortuitous event, within the meaning of Article 1351 of the Civil Code; the affected party notifies the other without delay.

13. Communications

13.1. Communications between the parties are made in writing. The Provider communicates with the Practice by email, at the address in the form; the Practice communicates with the Provider by email, at contact@optiswift.ro, through the contact form or by post, at the registered office. An email sent to these addresses is a valid written communication.

14. Changes to the terms

14.1. The Provider may at any time publish a new version of these terms on this page, with a new version code and the date of publication.

14.2. A trial account is governed by the version of these terms in force when the request was received (clause 5.5), including the trial duration set by that version. A new version applies only to requests received after its publication.

14.3. For the use of the Site, the new version applies from the date of publication.

15. Governing law and disputes

15.1. These terms and the contract for the trial account are governed by Romanian law. (Clause expressly accepted under Article 1203 of the Civil Code; see clause 16.)

15.2. The parties first try to settle any disagreement amicably, through the communications in clause 13. Disputes not settled amicably are resolved by the Romanian courts having jurisdiction under the law.

16. Declaration of express acceptance of unusual clauses

16.1. The clauses listed in clause 16.2 limit the Provider’s liability, give the Provider the right to close the trial account, provide for the permanent deletion of data or choose the governing law. Under Article 1203 of the Civil Code, they take effect only if they are expressly accepted in writing. This acceptance is given separately from the acceptance of the other provisions: through the separate box, not pre-ticked, in the last step of the form on the Site, which lists these clauses, or, for an account opened without the form, through the written confirmation in clause 5.7. Using the Site or the trial account does not replace this acceptance.

16.2. The Practice declares that it has read and expressly accepts, in writing, the following clauses:

• clause 8.1 (Closure of the trial account by the Provider);
• clause 9.2 (Deactivation and permanent deletion of the trial account and of the data in it, with no recovery period);
• clause 12.1 (The trial account as is, with no guarantee of availability);
• clause 12.2 (Exclusion of the Provider’s liability for mere imprudence or negligence);
• clause 15.1 (Governing law).