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FC Pulse

Terms of sale

FC Pulse: the ultimate mobile experience for Fluent Community

This English version is provided for convenience. In case of discrepancy, the French version prevails, subject to article 25.8.

CONTENTS

Preamble

These Terms of Sale (the “Terms”) govern the distance and electronic sale of the FC Pulse WordPress plugin and related services, marketed by Sdravobiz S.R.L. from the website https://fcpulse.pro and the store https://sdravobiz.com.

FC Pulse is software that the Client installs and runs on its own WordPress site, on its own hosting. The Publisher provides neither hosting nor any online execution service. It provides software, its updates and its support.

Every Order entails full and unreserved acceptance of these Terms in the version in force on the date of the Order. The Client is invited to read them carefully and to print them or save them on a durable medium before confirming its Order.

The Client is expressly invited to read Articles 8 (License of use and source code), 9 (License Key and activations), 11 (Expiry, license validity and locking), 13 (Dependencies), 15 (Lifetime license), 17 (Withdrawal and refunds) and 20 (Warranties and liability), which define the limits of the product and the allocation of risks between the Parties.

Article 1: Definitions

  • Publisher or Seller: Sdravobiz S.R.L., identified in Article 2.
  • Client: any natural or legal person, whether acting in a professional capacity or not, who places an Order.
  • Consumer: a Client who is a natural person acting for purposes outside their commercial, industrial, craft or professional activity, within the meaning of OUG nr. 34/2014.
  • Professional: a Client acting in the course of its professional activity, including when acting in the name or on behalf of another professional.
  • Product or Plugin: the FC Pulse WordPress plugin, as described on the Site, together with its files, resources and documentation.
  • App: the mobile interface of the Client’s community, served by the Plugin from the Client’s site, as seen by its Members.
  • Site (capitalized, for the purposes of activations): a distinct WordPress installation, identified by its address, on which the License Key is activated.
  • Publisher’s Site: the websites https://fcpulse.pro and https://sdravobiz.com, their subdomains and the client area.
  • License Key: the identifier provided to the Client after payment, which unlocks activations, updates and support.
  • License Server: the service operated by the Publisher that records activations, checks the validity of keys and serves updates.
  • Member: any person registered in the Client’s community who uses the App.
  • Community Data: the information of the Client’s community stored in its database by the Community Platform and by the Plugin: profiles, posts, messages, course progress, certificates and notification history.
  • Community Platform: the Fluent Community WordPress plugin, which manages the Client’s community and on which the Plugin relies.
  • Core: the free SdravoCore WordPress plugin, published by the Publisher, required for the Plugin to operate and subject to its own License Key.
  • Connected Services: the third-party tools that the Client connects to the Plugin on its own initiative, in particular a Maymoune app, an advertising plugin or an automation tool.
  • Third-Party Components: WordPress itself, PHP, the Client’s server, the Community Platform, the Connected Services, and the themes, plugins, libraries, application programming interfaces and services provided by third parties with which the Plugin interacts.
  • Order: the act by which the Client acquires a license under these Terms.
  • Contract: the agreement formed between the Publisher and the Client upon confirmation of the Order, consisting of these Terms, the description of the subscribed offer and the Privacy Policy.

Article 2: Identification of the Publisher

  • Company name: Sdravobiz S.R.L.
  • Legal form: Societate cu Răspundere Limitată (S.R.L.)
  • Registered office: Strada Trandafirilor 51, 307220 Giroc, Romania
  • CUI / Cod Unic de Înregistrare: RO51472367 (transactions in Romania)
  • Intra-community VAT number: RO51472369 (transactions outside Romania)
  • Înmatriculare la Registrul Comerțului: J2025016522009
  • Share capital: 200 RON
  • Email (publisher, legal, GDPR): contact@sdravobiz.com
  • Email (customer service, orders, support): contact@sdravobiz.com
  • Websites: https://fcpulse.pro, https://sdravobiz.com

The Publisher is subject to Romanian VAT at the standard rate of 21% and is registered under the European Union One-Stop-Shop (OSS) scheme for distance sales of electronic services to consumers residing in another Member State.

Article 3: Purpose of the Contract

These Terms define the rights and obligations of the Parties in connection with the supply of the Plugin, its updates and related services.

The Product is marketed worldwide, from Romania, by electronic means.

The Product is downloadable software, installed and run by the Client on its own WordPress site. It is not provided as a hosted service. The Publisher operates no platform on which the Client’s App would run, stores no Community Data, and has no access to the Client’s site or database.

What the Client acquires is a License Key, which gives access, for a set number of Sites, to the updates served by the License Server and to support, under the conditions of Articles 8 to 11.

The Client acknowledges that, before placing its Order, it has read the essential characteristics of the Product, its price, its terms of performance, its technical requirements, its limits and these Terms. In particular, it acknowledges that FC Pulse is a lead qualification and contact capture tool, and not a custom development service, commercial consulting service or traffic generation service: the results obtained depend directly on its audience, the questions it writes, its settings and the resources it devotes to them.

Article 4: Offers, services and prices

4.1 Annual subscription

The license may be purchased as an annual subscription. For its duration, the subscription grants the right to activate the Plugin on the number of Sites provided for in the offer, access to updates and access to support.

4.2 Lifetime license

The license may also be purchased as a lifetime license: the Client makes a single payment and no longer owes the annual subscription for the duration defined in Article 15.

The Client is expressly informed that the term “lifetime” refers to the commercial and technical lifetime of the Product, and not to a perpetual or unlimited duration. The conditions, limits and termination events of this plan are fully defined in Article 15, which the Client acknowledges having read and accepted before its Order.

4.3 Number of Sites

The offers differ by the number of Sites on which the key can be activated at the same time.

The Product is complete in every offer. The App screens, notifications, themes, templates and settings are identical from the first tier to the last. The offers differ by the number of Sites.

The details of the offers, the number of Sites included and the current prices can be viewed in real time on the Publisher’s Site, which forms an integral part of the Contract.

4.4 Launch offers

The Publisher may offer launch deals, limited in time or in number of Clients, with a preferential price, an increased number of Sites or special benefits.

The conditions of a launch offer are those displayed on the day of the Order. They are secured for the Client for the license concerned and can neither be extended to a later order nor combined with another offer, unless expressly stated otherwise.

4.5 Support

The support included in the licenses is written support, provided from the client area and by email. It does not include phone calls, video calls or one-to-one meetings.

It is not limited by any duration of its own: it is granted for the entire duration of the license, including a lifetime license, for as long as the Publisher continues its business and publishes the Product.

It covers the installation, configuration and operation of the Plugin and the Core. It does not include: the development of specific features, writing content for the Client’s community, configuring the Community Platform or the Connected Services, administering the Client’s hosting, fixing its theme or its other plugins, or auditing or rebuilding its site.

The Publisher aims to provide a first response within a target time of one business day. This time frame is an objective and not a contractual commitment.

4.6 Prices

Prices are displayed in euros (EUR) or in the currency selected by the Client. They are shown exclusive of tax. The amount of applicable VAT is calculated at the time of payment in accordance with the rules of Article 6.

Prices do not include: the Client’s domain name and hosting, the licenses for the Community Platform, the Connected Services and the other plugins it uses, the fees for third-party services it activates on its own initiative, or the commissions charged by payment providers.

4.7 Price changes and add-on modules

The Publisher reserves the right to change its prices at any time. Orders in progress are invoiced at the price in force on the day they are confirmed.

For annual subscriptions, any price increase is notified to the Client by email at least thirty (30) days before it takes effect. A Client who does not accept the new price list may cancel its subscription without penalty before the effective date. Failing cancellation, the new price list applies to it from the next renewal date.

The Publisher also reserves the right to offer, as extras and at their own price, add-on modules whose operation involves recurring costs or reliance on third-party application programming interfaces. These modules are not included in the license, whatever its form, and their absence does not constitute a defect of the Product.

Article 5: Ordering and formation of the Contract

Orders are placed online through the following steps:

  • selection of the offer, the number of Sites and the type of license;
  • entry of billing information (identity, address, VAT number for EU Professionals);
  • express acceptance, through a single checkbox whose label lists each of these items, of these Terms, of the Privacy Policy and, for Consumers, of the immediate provision of the Product entailing the waiver of the right of withdrawal under the conditions of Article 17;
  • secure payment;
  • confirmation of the Order by email, including the download link and the License Key.

The Contract is formed when the payment provider confirms the payment and the confirmation email is sent. The Publisher reserves the right to refuse an Order for a legitimate reason: suspected fraud, an ongoing dispute with the Client, or the planned use being clearly inconsistent with Articles 18 and 19.

Article 6: VAT and invoicing

6.1 Applicable VAT

  • Consumer residing in Romania: Romanian VAT at the standard rate of 21%.
  • Consumer residing in another EU Member State: VAT of the country of residence, applied under the OSS scheme.
  • Professional established in another EU Member State: reverse charge, subject to providing a valid intra-community VAT number verified through the VIES system. Otherwise, VAT is applied.
  • Client established outside the European Union: invoiced without VAT, the Client remaining responsible for the taxes, duties and formalities applicable in its country.

6.2 Invoicing

An invoice compliant with Romanian tax requirements is issued for each Order and sent by email within a maximum of 72 hours after payment is confirmed. For annual subscriptions, an invoice is issued at each renewal date. Invoices are also available in the client area.

The Client is responsible for the accuracy of the information it provides. Any request to correct an invoice resulting from incorrect information provided by the Client may incur administrative fees.

Article 7: Payment

7.1 Payment methods

Payment is made exclusively online, by bank card, through the payment provider Stripe (Stripe Payments Europe, Limited). Accepted methods include Visa, Mastercard, American Express, Apple Pay and Google Pay.

The Publisher does not store any banking data. Payment information is collected and processed directly by the provider, in accordance with the PCI-DSS standard and its own privacy policy.

7.2 Subscriptions and recurring billing

Annual subscriptions are charged automatically and on a recurring basis at each renewal date, until cancelled by the Client under the conditions of Article 16. The Client expressly authorizes this charge when placing its Order and undertakes to keep a valid payment method throughout the subscription.

7.3 Failed payment

In the event of a missed, rejected or failed payment, the Publisher informs the Client by email and makes new charge attempts.

If the situation is not settled, the subscription ends on its renewal date and Article 11.2 applies: the Plugin keeps working, while updates and support stop.

The Publisher further reserves the right to take any appropriate collection action and to claim the late payment interest and fixed compensation provided for by the applicable law.

Article 8: License of use and source code

8.1 The code is licensed under the GPL

The PHP code of the Plugin is distributed under the GNU General Public License, version 2 or later, in line with the rules of the WordPress ecosystem. The rights this license grants to the Client are neither restricted nor conditioned by these Terms.

8.2 What the GPL does not cover

The following are not covered by the GPL and remain the exclusive property of the Publisher or its licensors: the FC Pulse name and logo, images, illustrations, fonts, style sheets, documentation content, texts of the Publisher’s Site, as well as the Publisher’s services and infrastructure, namely the License Server, update channel, client area, support and community.

8.3 What is sold

What the Client acquires by paying is access to the Publisher’s services: a License Key, a number of activations, the updates served by the License Server, and support. The price is not consideration for the delivery of the code, but for these services.

Consequently, the Client’s exercise of the freedoms granted by the GPL, in particular redistributing the code, places no obligation on the Publisher to give a third party access to its services, or to serve updates or support to a site that does not have a valid activation.

8.4 Trademarks

The Client may not redistribute a modified version of the Plugin under the FC Pulse name, logo or visual identity, or in any way likely to suggest that it is published, endorsed or maintained by the Publisher.

Article 9: License Key, activations and number of Sites

9.1 Activation

The License Key is activated from the Plugin’s license screen, on each Site where it is installed. Activation registers the Site’s address with the License Server and deducts one activation from the quota of the subscribed offer.

During each exchange with the License Server, the Site transmits only: the product identifier, the License Key, the Site’s address, the installed version number and an anti-replay random value. No Community Data, no Member address and no site content is transmitted.

9.2 Releasing an activation

The Client may deactivate the key on a Site at any time from the same screen. If that Site is locked, the Publisher releases the activation upon simple request sent to contact@sdravobiz.com. The activation is then returned to the quota and can be moved to another Site.

Once the quota is reached, activation of an additional Site is refused. It is up to the Client to release an activation or to purchase a higher offer.

9.3 What a Site is

One activation corresponds to one WordPress installation identified by its address. A change of domain name, a hosting migration or the regeneration of the site’s security keys may require reactivation. For this purpose, the Plugin provides a grace period of seventy-two (72) hours and attempts an automatic repair with the License Server.

9.4 Confidentiality of the key

The License Key is personal. The Client keeps it confidential and is responsible for any use made of it. Publicly disclosing a key, reselling it separately or sharing it with third parties outside the scope of Article 14 entitles the Publisher to revoke it without notice or refund.

Article 10: Updates and distribution channel

Updates to the Plugin are offered directly in the Client’s WordPress dashboard, served by the License Server against a valid key. Each package is sealed and verified by cryptographic signature before installation.

The following are included in the license, for its duration: fixes, compatibility updates for new versions of WordPress, PHP and the Community Platform, and new features of the Product, subject to Article 4.7 on add-on modules.

The Publisher makes no commitment as to release frequency, future features or roadmap. Developments announced, presented or mentioned for information purposes do not constitute a contractual commitment.

The Client remains free not to install an update. It is then solely responsible for any resulting malfunctions, incompatibilities or vulnerabilities, and support may be conditional on installing the current version.

The Publisher may end support for a major version of WordPress or PHP that has become obsolete, or for a Third-Party Component that is no longer maintained, without this constituting a lack of conformity.

Article 11: Expiry, license validity and locking

This article describes exactly what happens depending on the status of the license. The Client acknowledges having read it before its Order.

11.1 Before expiry

Fourteen (14) days before a subscription expires, the Plugin displays a reminder in the Site’s dashboard. Nothing is blocked.

11.2 After a subscription expires

When a subscription expires without being renewed, the Plugin keeps working for seven (7) days on the Sites where the license was activated, with a warning banner in the dashboard. After this period, it locks under the conditions of Article 11.3.

11.3 Locking

The Plugin locks immediately when the license has never been activated on the Site, has been revoked, refunded or deactivated, is invalid, has been detected on a cloned Site, when the Plugin’s files have been modified, or in the case provided for in Article 11.4. Locking has exactly the following effects:

  • The Plugin’s admin area closes. Its screens are replaced by the activation screen. Only entering a key remains possible.
  • The App is no longer served. It displays a neutral message inviting Members to come back very soon.
  • The Plugin’s admin area closes. Only the license screen remains accessible, to enter a valid key.
  • The Client’s community is not affected. The Community Platform and the site keep working normally.
  • Nothing is deleted. No data is erased, altered or made unreadable. The Client recovers all of its settings and Community Data as soon as a valid key is activated.

As the Client’s data remains in its own database, it retains in all cases the ability to access it by its own means: backup, database export, or its hosting’s administration tools.

11.4 Periodic license confirmation

The Site confirms its license with the License Server automatically every week. Each confirmation is valid for forty-five (45) days. A temporary unavailability of the License Server or a network outage therefore does not lock the Site: the recorded status is never downgraded by a communication failure, and the Plugin reconnects on its own.

If the Site cannot reach the License Server for more than forty-five (45) consecutive days, the Plugin locks under the conditions of Article 11.3. It unlocks on its own at the first successful contact, with no action required from the Client. It is up to the Client to ensure that its hosting allows outgoing connections to the License Server.

11.5 Outcome guaranteed by the Publisher

If the Site remains locked for a reason not attributable to the Client, in particular a prolonged unavailability of the License Server or an error by the Publisher, the Publisher undertakes, upon simple request sent to contact@sdravobiz.com, to restore the operation of the Plugin on that Site within five (5) business days, free of charge. It does so by any suitable means: a new license confirmation, a version of the Plugin that works without contacting the License Server, or assistance in restoring the Site’s connection.

If the Product is permanently discontinued, Article 15.3 c) applies: the source code is published without any license mechanism, and the Sites already installed keep working without the License Server.

Article 12: Installation, Client environment and requirements

12.1 Requirements

The Plugin requires a standalone WordPress site meeting the requirements published on the Publisher’s Site and restated in the Product package, in particular a minimum version of WordPress and PHP. It is up to the Client to check, before its Order, that its environment meets them.

12.2 The Client is in control of its site

The installation, configuration, security, backup, performance and maintenance of the Client’s site are its sole responsibility. The Publisher does not access the Client’s site, except through delegated access that the Client may grant on an ad hoc basis for support purposes, revocable at any time.

12.3 Backups

As the Publisher holds no copy of the Client’s data, it cannot under any circumstances restore it. It is up to the Client to set up and check its own backups, in particular before any update of the Plugin, WordPress, its theme or its other plugins.

12.4 Scheduled tasks

Some functions, such as automatic purges, statistics aggregation and checks, rely on the WordPress task scheduler, whose execution depends on the site’s traffic. On a low-traffic site, these processes may be delayed. The Publisher recommends setting up a server-level scheduled task. Its implementation is the responsibility of the Client or its hosting provider.

Article 13: Dependencies: community platform and third-party services

13.1 The Plugin builds on existing tools

FC Pulse does not replace the Client’s Community Platform: it builds on it. Its operation therefore relies on interoperability with Third-Party Components that the Publisher does not control and whose terms, interfaces, formats and prices may change independently of its will.

13.2 Consequences accepted by the Client

The Client accepts that the occurrence of any of the following events, this list not being exhaustive, is beyond the Publisher’s control and cannot give rise to its liability:

  • the modification, restriction, degradation or removal of a function, an application programming interface or an entry point of the Community Platform, a Connected Service or any other Third-Party Component;
  • changes to WordPress, PHP, a theme, a third-party plugin or a hosting configuration that make a function unavailable or degraded;
  • the cessation of business, acquisition, change of policy or disappearance of a third-party publisher or a hosted scheduler;
  • a conflict between the Plugin and other software installed by the Client on its site;
  • any decision by a third-party provider, a hosting provider or a public authority affecting the operation of the Client’s site.

13.3 The Publisher’s right to adapt

If any of these events occurs, the Publisher may, at its sole discretion and without this constituting a breach of contract: adapt the Plugin, modify or restrict the functions concerned, end support for a Third-Party Component, or offer an alternative solution. It will favor, in order, the solutions that are least disadvantageous for the Client, and will inform the Client as far in advance as possible.

13.4 No guarantee of universal compatibility

No provision of the Contract, no statement on the Publisher’s Site, no documentation and no commercial exchange may be interpreted as a guarantee that the Plugin is compatible with all existing or future themes, plugins, caching systems, web application firewalls, hosting services, browsers, phones or Connected Services.

The list of supported Connected Services is the one published on the Publisher’s Site at the relevant date. It may change.

13.5 Services activated by the Client

The Connected Services that the Client connects to the Plugin fall under its own accounts and the specific terms of those services. The Publisher is neither their agent, guarantor nor intermediary, and has no access to those accounts or their content.

Article 14: White label, resale and use on behalf of third parties

14.1 White label

White labeling is included in the Product at no extra cost: the Client may rename the Plugin in its site’s dashboard and turn off the brand mention displayed by default.

This option is a commercial feature. It changes neither the ownership of the Publisher’s rights, nor the nature of the license, nor the allocation of responsibilities defined in Articles 18 and 20. It does not exempt the Client from complying with Article 8.4 in the event of redistribution.

14.2 Use on behalf of third parties

A Client acting as an agency, integrator or service provider may install the Plugin on its own clients’ sites, within the limit of the number of Sites in its offer. With respect to the Publisher, it remains the sole license holder, the sole contact for support and solely responsible for compliance with these Terms on each of those Sites.

It is responsible for providing first-level assistance to its end clients itself, as they have no contractual relationship with the Publisher.

14.3 Prohibition of resale

The resale or redistribution of License Keys is prohibited. The only exception: the Client may use its keys for its own clients’ projects, as provided for in Article 14.2, provided that it never charges them for the License Key itself, separately from its service.

14.4 Commercial reference

Unless the Client objects by notice sent to contact@sdravobiz.com, the Publisher may cite the Client’s name and logo as a commercial reference in its communication materials. This right is exercised without prejudice to the white label defined in Article 14.1, and never extends to the Client’s Community Data or figures.

Article 15: Lifetime license

15.1 Scope

In return for a single payment, the lifetime license exempts the Client from paying the annual subscription for the duration defined in this article. It grants the right to activate the Plugin on the number of Sites in the offer, access to updates and access to support, under the same conditions as a valid subscription.

Support under it is not limited by any duration: it is owed for as long as the Publisher continues its business and publishes the Product.

It is attached to a specific Client. It may not be assigned, transferred or divided, except with the Publisher’s prior written consent.

15.2 Definition of the term: essential provision

The term “lifetime” means the commercial and technical lifetime of the Product, and not a perpetual, unlimited or guaranteed duration.

By confirming its Order, the Client expressly acknowledges having understood and accepted that the lifetime license:

  • does not constitute a guarantee of the continued existence of the Product, the publishing company, a technology or a Third-Party Component;
  • places the Publisher under no obligation to maintain the Product beyond what the components and ecosystem on which it depends allow;
  • creates no perpetual obligation on the Publisher;
  • does not prevent the Publisher from exercising the rights provided for in Articles 4.7, 10, 13.3 and 15.3.

This provision is a decisive condition of the price granted, without which the Publisher would not have contracted at this price.

15.3 Termination of the lifetime license

a) Discontinuation decided by the Publisher. When the Publisher decides, on its own initiative, to stop publishing and supporting the Product, for strategic or economic reasons or to reposition its offer, it notifies the Client by email and gives six (6) months’ notice before the License Server is actually shut down.

Throughout this notice period, updates and support continue to be provided under normal conditions, and the Publisher gives the Client the information useful for continuing its business. No new amount is charged under the lifetime plan.

b) Discontinuation imposed on the Publisher. The six (6) month notice period does not apply, and discontinuation may take place within a shorter period, or even immediately, when it results from a cause outside the Publisher’s control: a decision by a public authority, a case of force majeure within the meaning of Article 22, or the cessation of business, dissolution, liquidation or insolvency proceedings of the Publisher itself. The Publisher then undertakes, as far as is materially possible, to pass on to the Client the notice it receives itself and to inform the Client without delay. These undertakings are a best-efforts obligation.

c) What remains in all cases. Termination of the lifetime license ends updates and support. It does not take away from the Client the code already installed on its Sites, the rights the GPL grants it over that code, or its data, which remains in its own database.

If the Product is permanently discontinued, the Publisher undertakes to publish the full source code, free of any commercial condition, and to remove the license mechanism from it, so that the Sites already installed keep working without the License Server. This undertaking applies in case a) as well as in case b), within the limit, for the latter, of what remains materially possible.

d) No compensation. On expiry of the applicable notice period, or on the date of discontinuation where no notice could be given, the lifetime license terminates automatically. This termination gives rise to no refund, no indemnity, no compensation and no damages, whatever the amount paid, whatever the date of the Order and whatever the actual period of use, subject to the mandatory provisions protecting Consumers.

The Client acknowledges that this absence of compensation is the direct counterpart of the flat-rate price granted, which is significantly lower than the total of the corresponding subscriptions, and that it is a decisive condition of the offer.

e) Breach by the Client. The lifetime license may be terminated automatically, under the conditions of Article 16.4, in the event of a serious breach by the Client of these Terms, in particular of Articles 18 and 19.

15.4 Changes and add-on modules

The Client accepts that certain functions covered by the lifetime license may be modified or restricted under the conditions of Articles 10 and 13.3, without the lifetime plan preventing the exercise of these rights and without these changes giving rise to any refund, even partial.

The add-on modules referred to in Article 4.7 are not included in the lifetime license. If the Client chooses not to purchase them, its license is not terminated, but the functions concerned are excluded.

Article 16: Term and termination

16.1 Term

Subscriptions are taken out for one year and renew automatically by tacit renewal for an identical period, until terminated. The lifetime license is governed by Article 15.

16.2 Termination by the Client

The Client may cancel its subscription at any time from its client area, without notice or justification. Cancellation takes effect at the end of the current period, which has already been paid and is non-refundable, including in the event of early cancellation.

On the effective date, updates and support stop and Article 11.2 applies.

16.3 Termination by the Publisher

a) For convenience. When the Publisher decides on its own initiative to end a subscription offer, it notifies the Client by email and gives three (3) months’ notice. The Client is refunded pro rata for periods already paid and not used.

b) For an external cause. When discontinuation results from one of the causes listed in Article 15.3 b), the three (3) month notice period does not apply. The Publisher passes on to the Client the notice it receives itself, informs the Client without delay and refunds pro rata the periods already paid and not used, subject to its actual ability to do so in the event of insolvency proceedings.

c) Lifetime license. This article does not apply to the lifetime license, which is governed by Article 15.3.

16.4 Termination for breach

In the event of a serious breach by the Client of any of its obligations, in particular persistent failure to pay, violation of Articles 18 or 19, unauthorized disclosure or resale of a key, or circumvention of the license mechanisms, the Publisher may immediately revoke the key and then terminate the Contract automatically fifteen (15) days after a formal notice that has remained without effect.

In the event of a serious and immediate threat to security, legality or the rights of third parties, revocation and termination may take place without notice.

Termination for breach gives rise to no refund, including for a lifetime license, and is without prejudice to any claim for damages.

Article 17: Right of withdrawal and refunds

17.1 Exclusion for digital content

In accordance with Article 16 lit. m) of OUG nr. 34/2014, the fourteen (14) day right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium where performance has begun with the Consumer’s prior express consent and the Consumer’s acknowledgment that they thereby lose their right of withdrawal.

By confirming the Order, the Consumer:

  • expressly consents to the immediate provision of the Product and its License Key, and
  • expressly acknowledges that they thereby lose their right of withdrawal as soon as it is provided.

This acceptance is recorded by the checkbox the Consumer ticks when placing the Order, whose label expressly mentions the immediate provision and the resulting waiver of the right of withdrawal.

17.2 No refunds, and the only exception

No refunds are granted. The Product is software made available immediately: delivery is complete as soon as the key and download link are provided.

This rule has a counterpart: before ordering, the Client has the means to assess the Product, namely the detailed description on the Publisher’s Site, screenshots of every screen, videos, documentation, and the option to request a live demo. The Client is invited to use them before buying.

There is only one exception, and both conditions must be met:

  • the License Key has never been activated, on any Site, as the License Server can establish with certainty; and
  • the request is sent to contact@sdravobiz.com within fifteen (15) days of the Order.

When both conditions are met, the refund is in full and no supporting document is required. It is made to the original payment method within fourteen (14) days of the request being accepted, and the key is revoked.

After the fifteenth day, no refund is possible, even if the key has never been activated.

And once a license has been activated, even briefly, even on a single Site, even if deactivated since, no refund is possible, including within the fifteen (15) day period. Activation gives access to the download, the updates and all the functions of the Product: it constitutes full use of what was sold. The Client is invited to check the requirements of Article 12 and the compatibility of its environment before activating its key.

This policy is not to be construed as a waiver of the provisions of Article 17.1, and does not affect the Consumer’s mandatory rights in the event of a proven lack of conformity, governed by Article 20.1.

17.3 Double charge

When the same Order has been charged twice, the extra charge is returned upon simple request sent to contact@sdravobiz.com. This is not a license refund within the meaning of Article 17.2, but the return of a payment made without cause.

Article 18: Obligations and liability of the Client

The Client is solely responsible for:

  • its website, domain name, hosting, security, backups and their restoration;
  • the content published in its community and the spaces, courses and notifications it creates, their lawfulness and their relevance;
  • the moderation of its community and the rules it sets for its Members;
  • the information it owes its Members about the use of their data;
  • its role as data controller for the Community Data, under the conditions of Article 21;
  • the retention periods it applies to the Community Data;
  • the notifications it writes and sends from the Plugin, and their compliance with the applicable rules;
  • the Connected Services it connects and the specific terms of those services;
  • the confidentiality of its License Key, its client area login details and the access it grants to its team members;
  • the accuracy of the information provided to the Publisher, in particular for invoicing;
  • the compliance of its business with the regulations applicable to it: consumer law, pre-contractual information, sector-specific regulations, professional obligations, taxation.

The Client shall indemnify the Publisher against any complaint, action, claim or judgment brought by a Member, a third party or an authority, based on the Client’s use of the Product, the data it collects or a breach of its obligations, and shall bear the resulting defense costs and damages awarded.

Article 19: Prohibited uses

The Client is prohibited, in particular, from:

  • circumventing, disabling, neutralizing or altering the license, verification, activation or update sealing mechanisms, or attempting to obtain updates without a valid activation;
  • publicly disclosing, reselling separately, sharing or making available a License Key, outside the scope of Article 14;
  • activating the Plugin on more Sites than its offer allows, in particular by duplicating an installation;
  • undermining the integrity, security or availability of the License Server, the update channel, the client area or the Publisher’s Site;
  • using the Product to collect banking data or government identifiers from its Members;
  • using the Product for any unlawful, misleading or fraudulent activity, or for unsolicited marketing in breach of the applicable rules;
  • setting up refusal or redirection rules based on a prohibited discriminatory criterion;
  • using the FC Pulse name, logo or visual identity in a way likely to create confusion about the origin of a modified version (Article 8.4);
  • requesting support for a Site that does not have a valid activation.

Any mention of “unlimited” on the Publisher’s Site refers to normal professional use in good faith.

Any breach entitles the Publisher to revoke the key and terminate the Contract under the conditions of Article 16.4.

Article 20: Warranties and liability of the Publisher

20.1 Conformity guarantee

The Publisher guarantees that the Product conforms to the essential characteristics described on the Publisher’s Site. In the event of a proven lack of conformity, it corrects the defect or provides a conforming version within a reasonable time.

Where a substantial lack of conformity cannot be corrected within a reasonable time, the Consumer retains the rights granted by the applicable mandatory law, including, where appropriate, termination of the Contract and a refund.

20.2 Best-efforts obligation

The Publisher is bound by a best-efforts obligation. The Product is provided “as is”. The Publisher does not guarantee uninterrupted operation free of errors or bugs, or compatibility with all existing or future environments, themes, plugins, hosting services and third-party services.

20.3 Warranty exclusions

The following are expressly excluded from the warranty: defects, malfunctions or unavailability resulting from:

  • use that does not comply with the documentation or these Terms;
  • a modification of the Plugin’s code by the Client or by a third party;
  • the Client’s environment: hosting, PHP or WordPress version, theme, other plugins, cache, web application firewall, server configuration, scheduled tasks;
  • a Third-Party Component, the Community Platform or a Connected Service (Article 13);
  • the settings, questions, thresholds, routing rules and texts defined by the Client;
  • failure to install an update published by the Publisher;
  • a fault in a Member’s device, network, connection or browser;
  • a case of force majeure (Article 22).

20.4 No guarantee of commercial results

The Publisher does not guarantee any commercial result. In particular, it guarantees no volume of contacts collected, number of orders, average order value, conversion rate, revenue or return on investment.

The screens, communities, members, figures and examples shown on the Publisher’s Site are fictitious and provided for illustration purposes. They do not constitute a contractual commitment.

20.5 Limitation of liability

To the fullest extent permitted by the applicable law, the Publisher’s total aggregate liability, for all causes and all losses combined, is limited:

  • for annual subscriptions: to the amounts actually paid by the Client during the twelve (12) months preceding the event giving rise to liability;
  • for the lifetime license: to one third (1/3) of the price actually paid for that license.

20.6 Excluded damages

Under no circumstances shall the Publisher be liable for indirect or intangible damages, including: loss of data not backed up, business interruption, loss of revenue, loss of margin, loss of customers, loss of opportunity, orders not placed, contacts not collected, migration or reconstruction costs, damage to image or reputation, or the consequences of any unavailability of the Client’s site or of a third-party service.

20.7 Reservation

The limitations and exclusions of this article do not apply in the event of fraud or gross negligence by the Publisher, in the event of personal injury, or where mandatory law prohibits them, in particular for the benefit of Consumers.

Article 21: Personal data

21.1 Client data

The processing of the Client’s personal data by the Publisher (account, order, invoicing, license, support) is governed by Regulation (EU) 2016/679 (GDPR), Legea nr. 190/2018 and the Privacy Policy, which forms an integral part of the Contract.

21.2 Data of the Client’s Members: the Publisher is not a processor

Community Data is stored in the database of the Client’s site, on its own hosting. It does not pass through any server of the Publisher, is never transmitted to it and is not accessible to it.

Consequently:

  • the Client is the sole data controller within the meaning of Article 4(7) of the GDPR: it determines the purposes and means, defines the legal bases and retention periods, informs its Members, obtains the necessary consents, publishes its own privacy policy and responds to requests to exercise rights;
  • the Publisher is neither a data controller nor a processor within the meaning of Article 28 of the GDPR for this data. It provides software, not a processing service. No data processing agreement is required on this basis, and none may be inferred from these Terms.

The only exception is where the Client requests support that requires access to its site: the Publisher then acts as a processor, on the Client’s specific and documented instruction, for the duration of the intervention only, under the conditions set out in the Privacy Policy.

21.3 What the Plugin makes available to the Client

The Plugin relies on the Client’s WordPress accounts and Community Platform: access and erasure requests from its Members are handled with the tools of WordPress and the Community Platform.

The Client is expressly informed that the default value of this setting does not trigger any purge: it is up to the Client to set a period that complies with its own policy. These functions are tools made available to the Client. Their configuration and use are its sole responsibility.

21.4 Confidentiality

Each Party undertakes to keep confidential the non-public information of the other Party that comes to its knowledge, for the duration of the Contract and for five (5) years after it ends.

Article 22: Force majeure

Neither Party shall be held liable for a failure to perform that is prevented by a case of force majeure within the meaning of Article 1351 of the Romanian Civil Code.

The following are considered as such, in particular: natural disasters, fires, floods, armed conflicts, terrorist attacks, general strikes, pandemics, widespread failures of telecommunications or electricity networks, large-scale cyberattacks, and any decision by a public authority making performance of the Contract impossible.

The affected Party notifies the other as soon as possible. If the situation lasts more than sixty (60) days, either Party may terminate the Contract without compensation.

Article 23: Complaints and disputes

23.1 Prior complaint

Any complaint must first be sent to contact@sdravobiz.com. The Publisher undertakes to provide a first response within a target time of seventy-two (72) business hours and to propose a solution within a reasonable time.

23.2 Amicable resolution

A Client who is a Consumer may use an amicable dispute resolution mechanism, and in particular refer the matter to:

23.3 Jurisdiction

Failing amicable resolution:

  • Professional Clients: exclusive jurisdiction of the Romanian courts with territorial competence for the Publisher’s registered office.
  • Consumer Clients: jurisdiction determined by the applicable public policy rules, in particular Regulation (EU) No 1215/2012, which allows the Consumer to bring proceedings, at their choice, before the courts of the Member State where they are domiciled.

Article 24: Governing law

These Terms and the Contracts concluded under them are governed by and construed in accordance with Romanian law, to the exclusion of any other law, subject to the mandatory provisions of the law of the Consumer’s country of habitual residence that cannot be derogated from by contract (Regulation (EU) No 593/2008 “Rome I”, Article 6).

The GNU General Public License applicable to the code remains governed by its own terms.

Article 25: Final provisions

25.1 Changes to the Terms. The Publisher may change these Terms at any time. The version applicable to each Order is the one in force on the date it is confirmed. For current subscriptions and lifetime licenses, any substantial change is notified at least thirty (30) days before it takes effect. A Client who does not accept it may cancel its subscription without penalty before that date.

25.2 Entire agreement. These Terms, the description of the subscribed offer and the Privacy Policy constitute the entire agreement between the Parties and prevail over any prior or conflicting exchange, quote, presentation or document, including the Client’s purchasing terms.

25.3 Severability. If any provision of these Terms is declared void, unlawful or unenforceable, the other provisions remain fully in force. The Parties will endeavor to replace it with a valid provision having an equivalent economic effect.

25.4 No waiver. A Party’s failure to invoke a breach by the other Party shall not be construed as a waiver of its right to invoke it later.

25.5 Assignment. The Client may not assign the Contract without the Publisher’s prior written consent. The Publisher may assign the Contract to any company in its group or as part of a merger, contribution or transfer of business, provided that the assignee assumes its obligations.

25.6 Subcontracting. The Publisher may use subcontractors to perform the Contract and remains responsible for them towards the Client.

25.7 Evidence agreement. Electronic records, such as License Server logs, emails, online forms and payment provider receipts, kept in the systems of the Publisher or its subcontractors are admissible as evidence, unless the Client proves otherwise. This applies in particular to the finding that a key has never been activated, within the meaning of Article 17.2.

25.8 Language. These Terms are drafted in French. Translations are provided as a courtesy. In the event of discrepancy, the French version prevails for Clients outside Romania, and the Romanian version prevails for Clients established in Romania and for any proceedings brought before a Romanian court.

25.9 Contact details. All correspondence relating to these Terms should be sent to:

Sdravobiz S.R.L.
Strada Trandafirilor 51
307220 Giroc, Romania
Legal and GDPR: contact@sdravobiz.com
Customer service, orders and support: contact@sdravobiz.com

Last updated: 5 October 2026

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