ATTENTION: This End-User License Agreement (“Agreement”) is a legal contract between you, whether an individual or a legal entity (the “User”), and Pametne Tehnologije d.o.o. (“Licensor”, “We”, “Us”) regarding your use of the AI Leads Antispam Agent integration for Bitrix24 (the “Application”).

The Application uses artificial intelligence and third-party Large Language Model (“LLM”) services to analyze incoming emails and classify them for spam and lead detection purposes.

By installing, accessing, subscribing to, or using the Application, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you must not install or use the Application.

1. Subject of the Agreement

1.1. The Licensor grants the User a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Application solely for analyzing incoming emails within the User’s Bitrix24 environment and for providing spam and lead detection functionality, subject to the applicable subscription plan, license period, and usage limits.

1.2. The applicable subscription plan determines, among other things, the license period, number of permitted users, volume of processed emails, and/or other applicable usage limitations.

1.3. The Application may automatically analyze incoming emails and may use the resulting AI classification to move emails or related items between stages configured in Bitrix24.

1.4. All rights, title, and interest in and to the Application, its software, algorithms, AI-related configurations, embeddings infrastructure, interfaces, documentation, and related materials remain with the Licensor or its licensors. No ownership rights are transferred to the User.

1.5. The User retains all rights to content and personal data submitted to or processed by the Application, subject to the rights necessary for the Licensor to provide the Application and as otherwise provided by applicable law.

2. Subscription, License Period and Payment

2.1. The Application is provided on a subscription basis. Depending on the selected plan, the subscription may be billed monthly or annually.

2.2. The applicable price, billing period, usage limits, number of users, number of processed emails, and other commercial conditions are determined by the subscription plan selected by the User at the time of purchase or as subsequently changed by the User.

2.3. Unless otherwise specified by the User or required by applicable law, a subscription automatically renews for the same billing period unless the User cancels the subscription before the next renewal date.

2.4. The User is responsible for maintaining valid payment information and paying all applicable subscription fees.

2.5. Failure to make a required payment may result in suspension or termination of access to the Application.

2.6. For Users acting as consumers, mandatory consumer protection rules concerning subscription pricing, renewal, cancellation, withdrawal rights, refunds, and digital services remain applicable.

3. Restrictions

The User is prohibited from:

• modifying, adapting, or attempting to access the source code of the Application, except as expressly permitted by applicable law, including Directive 2009/24/EC on the legal protection of computer programs;
• reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Application, except where such restriction is prohibited by mandatory law;
• circumventing technical protection measures or usage limitations;
• using the Application for purposes that violate applicable EU law, the laws of EU Member States, or other applicable laws;
• providing, reselling, sublicensing, leasing, renting, or otherwise making the Application available to third parties without the Licensor’s prior written consent;
• using the Application to develop, train, benchmark, or provide a competing product or service;
• using the Application to process special categories of personal data within the meaning of Article 9 GDPR unless such processing is permitted by applicable law and the User has an appropriate legal basis and other required safeguards;
• using the Application to make decisions that are prohibited by applicable law or for purposes for which the Application is not intended;
• circumventing subscription, user, email-volume, or other technical limitations imposed by the applicable license plan.

4. AI Processing and Third-Party AI Services

4.1. The Application uses artificial intelligence as a core component of its functionality.

4.2. The Application may process the sender information, subject, and full body of incoming emails obtained from Bitrix24.

4.3. The Application may transmit such data to third-party LLM providers for AI processing.

4.4. The Application currently supports LLM services provided through the Mistral API and OpenAI API.

4.5. For Users located in the European Union, Mistral is automatically selected as the default AI provider.

4.6. For Users located outside the European Union, OpenAI is automatically selected as the default AI provider.

4.7. The User may change the selected AI provider or model where such functionality is available

4.8. Changing the AI provider or model may affect the geographic location in which personal data is processed and may result in an international transfer of personal data.

4.9. For EU Users, selection of an alternative model that may involve processing outside the European Union requires the User to actively confirm the relevant setting, including by selecting the “Use GDPR compliant model” option where such option is provided by the Application.

4.10. The label “Use GDPR compliant model” is provided solely as an interface indication of the intended data-processing configuration and does not constitute a representation, warranty, certification, or guarantee by the Licensor that the selected AI provider, model, processing configuration, or the User’s particular use of the Application is compliant with the GDPR or any other applicable data-protection law.

4.11. The User remains responsible for determining whether the selected AI provider, model, and configuration comply with the data-protection laws applicable to the User and its organization, taking into account the User’s particular circumstances, purposes of processing, categories of personal data, and applicable international transfer requirements.

4.12. By selecting or confirming an AI model other than the default model, the User acknowledges that the selected configuration may involve different data-processing locations and international transfers.

4.13. The Licensor may add, remove, replace, or change third-party AI providers and supported models where reasonably necessary to maintain, improve, secure, or develop the Application, subject to applicable legal and contractual requirements.

5. AI Results and Automated Classification

5.1. AI-generated classification is the primary mechanism used by the Application to provide spam and lead detection functionality.

5.2. The Application may use AI-generated results to automatically move emails or related items between stages configured in Bitrix24.

5.3. AI-generated results may contain errors, omissions, false positives, or false negatives.

5.4. The Licensor does not guarantee that:

• all spam messages will be detected;
• all legitimate messages or leads will be correctly identified;
• no legitimate message will be classified as spam;
• no spam message will be classified as a legitimate message or lead;
• AI-generated classifications will be accurate, complete, or suitable for every particular purpose; or
• the Application will produce the same result for similar or identical emails at different times.

5.5. The User acknowledges that automated classification may result in an email being moved to a different Bitrix24 stage based on an incorrect AI classification.

5.6. The User is responsible for configuring the Application, reviewing its operation where appropriate, and determining whether the Application is suitable for the User’s particular business processes.

5.7. The Application must not be relied upon as the sole basis for decisions where an incorrect classification could result in legal, financial, employment, health, safety, or other significant consequences, unless such use is expressly permitted by applicable law and the User has implemented appropriate safeguards.

6. Embeddings and AI Data Processing

6.1. The Application may generate mathematical representations (“embeddings”) from processed email content.

6.2. Embeddings are used to compare incoming emails with previously processed email data for the purposes of spam and lead detection.

6.3. Embeddings and AI analysis results may be stored on infrastructure operated for the Licensor within the European Union.

6.4. The User acknowledges that embeddings are derived from email content and may constitute or contain information that can be associated with personal data.

6.5. When the User changes the selected AI model, embeddings associated with the previous model are deleted and may be regenerated using the newly selected model.

7. Third-Party Services and Integrations

7.1. The Application interacts with third-party services, including Bitrix24, Mistral API, and OpenAI API.

7.2. The use of third-party services is subject to the respective provider’s agreements, terms, privacy policies, and technical requirements.

7.3. The Licensor is not responsible for the operation, availability, security, policies, or continuity of third-party services to the extent such matters are outside the Licensor’s reasonable control.

7.4. Changes to third-party APIs, services, technical requirements, pricing, availability, or functionality may affect the Application.

7.5. The Application may cease to function or may require modification if a third-party service changes, becomes unavailable, restricts access, or discontinues an API or functionality.

7.6. The Licensor is not obligated to maintain compatibility with third-party services indefinitely.

8. Data Protection and Privacy

8.1. The Application processes personal data contained in incoming emails, including sender information, subject, email body, embeddings, and AI-generated analysis results.

8.2. The parties undertake to comply with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and other applicable data-protection laws.

8.3. Where the User determines the purposes and means of processing personal data, the User is generally the Data Controller and the Licensor acts as a Data Processor where applicable.

8.4. Where required by Article 28 GDPR, processing of personal data on behalf of the User shall be governed by a separate Data Processing Agreement (“DPA”).

8.5. The Privacy Policy applicable to the Application describes the categories of personal data processed, purposes of processing, retention, deletion, AI providers, and international data transfers.

8.6. The User is responsible for ensuring that the collection, use, transfer, and processing of personal data contained in emails through the Application are lawful.

8.7. The User is responsible for ensuring that it has an appropriate legal basis for processing personal data contained in incoming emails and for transmitting such data to the Application and, where applicable, third-party AI providers.

8.8. The User must not use the Application to process special categories of personal data unless the processing is permitted by applicable law and all required legal bases and safeguards are in place.

8.9. The User must inform individuals, where required by applicable law, about the processing of their personal data through the Application.
9. International Data Transfers

9.1. The User acknowledges that the geographic location of AI processing may depend on the selected AI provider and model.

9.2. EU Users are provided with Mistral as the default AI provider in order to provide a GDPR-oriented default configuration.

9.3. The User may select another available model or provider using the Application interface.

9.4. Where a User selects a model that may involve processing or transfer of personal data outside the European Union or European Economic Area, the User acknowledges that such processing may constitute an international transfer of personal data.

9.5. The User is responsible for assessing whether such transfer is lawful under the laws applicable to the User.

9.6. The Licensor will apply legally required safeguards for international transfers within the scope of its own obligations as a Data Processor, including applicable contractual or other recognized transfer mechanisms where required.

9.7. Selection of an alternative AI provider does not transfer the User’s responsibility as Data Controller for ensuring that the User’s processing activities comply with applicable data-protection law.

10. Updates and Support

10.1. The Licensor may, at its discretion, release updates, patches, fixes, improvements, security updates, changes to AI models, and other modifications to the Application.

10.2. The Licensor does not guarantee the development or release of any particular feature or functionality.

10.3. The Licensor may modify or discontinue particular AI models or third-party AI providers where reasonably necessary.

10.4. Support is provided free of charge upon request, within a reasonable timeframe, and may be limited in scope, duration, language, or communication channels.

10.5. No service-level agreement (“SLA”) or guaranteed uptime is provided unless expressly agreed separately in writing.

11. Intellectual Property

11.1. The Application and all associated intellectual property rights are owned by or licensed to the Licensor.

11.2. This Agreement grants the User only the limited right to use the Application described herein.

11.3. The User receives no ownership rights in the Application, its source code, algorithms, architecture, AI configurations, interfaces, documentation, or other intellectual property.

11.4. Any suggestions, feedback, bug reports, feature requests, or other information voluntarily provided by the User concerning the Application may be used by the Licensor to improve the Application without compensation or obligation to the User, provided that such use does not grant the Licensor ownership of the User’s personal data or confidential business information.

12. Availability and Disclaimer of Warranties

12.1. To the maximum extent permitted by applicable law, the Application is provided on an “AS IS” and “AS AVAILABLE” basis.

12.2. The Licensor does not warrant that the Application will:

• operate continuously or without interruption;
• be available at all times;
• be free from errors or defects;
• detect all spam;
• identify all leads;
• correctly classify every email;
• produce accurate or complete AI results;
• be compatible with every version or configuration of Bitrix24; or
• remain compatible with all third-party services.

12.3. The User acknowledges that AI systems and third-party APIs may produce unpredictable or incorrect results.

12.4. Nothing in this Agreement excludes or limits any warranty or statutory right that cannot lawfully be excluded or limited under applicable law.

13. Limitation of Liability

13.1. To the maximum extent permitted by applicable law, the Licensor shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, or data.

13.2. The Licensor shall not be liable for:

• incorrect AI classifications;
• false positives or false negatives;
• failure to identify spam or leads;
• business decisions made based on AI-generated results;
• automatic movement of emails or related items between Bitrix24 stages resulting from an incorrect AI classification;
• failures, interruptions, or changes in third-party services;
• changes to Bitrix24 APIs or functionality;
• changes to Mistral API, OpenAI API, or other AI providers;
• incompatibility with the User’s systems or infrastructure;
• unauthorized or unlawful processing caused by the User;
• the User’s failure to comply with applicable data-protection laws; or
• events outside the Licensor’s reasonable control.

13.3. Except where liability cannot be limited under mandatory applicable law, the Licensor’s total aggregate liability arising out of or relating to the Application or this Agreement shall not exceed the license fees actually paid by the User for the Application during the twelve (12) months preceding the event giving rise to the claim.

13.4. The limitations in this section do not apply to liability that cannot legally be excluded or limited under applicable law, including mandatory consumer protection rights and any other liability that cannot be limited under applicable law.

13.5. The Licensor shall not be liable for failures caused by force majeure events, including natural disasters, war, sanctions, strikes, telecommunications failures, internet outages, cyberattacks by third parties, or failures of third-party infrastructure, to the extent permitted by applicable law.

14. Term and Termination

14.1. This Agreement enters into force when the User installs, subscribes to, accesses, or first uses the Application.

14.2. The license remains valid for the applicable subscription period and automatically renews according to the selected monthly or annual subscription unless cancelled by the User or otherwise terminated in accordance with this Agreement.

14.3. The User may terminate or cancel the subscription in accordance with the applicable subscription and cancellation procedure.

14.4. The Licensor may suspend or terminate access to the Application if:

• the User materially breaches this Agreement;
• the User fails to pay applicable fees;
• continued provision of the Application would violate applicable law;
• the User abuses or attempts to circumvent technical or subscription restrictions; or
• continued operation of the Application becomes technically or legally impossible.

14.5. Where reasonably practicable, the Licensor may provide notice before suspension or termination, except where immediate suspension or termination is reasonably necessary.

14.6. Upon termination or expiration of the license, the User’s right to use the Application immediately ceases.

14.7. Following expiration of the license, data associated with the Application may be retained for up to one month solely for purposes permitted by the Privacy Policy and applicable law and will then be deleted, subject to any legally required retention.

14.8. If the User uninstalls the Application, associated data will be deleted in accordance with the Privacy Policy and applicable deletion procedures.

14.9. Termination does not affect provisions which by their nature are intended to survive termination, including intellectual property, confidentiality, limitation of liability, dispute resolution, and applicable data-protection obligations.

15. Consumer Rights

15.1. If the User is a consumer, nothing in this Agreement limits mandatory rights granted to the consumer under applicable consumer protection laws.

15.2. Where applicable, consumers may have statutory rights relating to conformity of digital services, remedies, withdrawal, termination, refunds, and other consumer protections.

15.3. Where mandatory law grants the consumer a right that conflicts with a provision of this Agreement, the mandatory legal provision shall prevail.

16. Governing Law and Dispute Resolution

16.1. This Agreement is governed by the laws of the Republic of Slovenia and applicable European Union law, without prejudice to mandatory consumer protection provisions applicable to consumers.

16.2. For Users acting as businesses or organizations, the courts of Ljubljana, Slovenia, shall have exclusive jurisdiction over disputes arising out of or in connection with this Agreement, unless mandatory law provides otherwise.

16.3. For Users acting as consumers, mandatory provisions of applicable consumer protection law apply, including any right to bring claims before the courts of the Member State in which the consumer resides.

17. Miscellaneous

17.1. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

17.2. The Licensor may amend this Agreement where reasonably necessary, including to reflect changes to the Application, AI providers, third-party services, applicable law, security requirements, or business operations.

17.3. Where required by applicable law, the Licensor will notify Users of material changes in advance and provide any rights required by law in connection with such changes.

17.4. Continued use of the Application after the effective date of amended terms constitutes acceptance of the amended Agreement, except where applicable law requires express consent.

17.5. Notices may be provided electronically, including by email, through the Application interface, or through the Licensor’s website.

17.6. This Agreement, together with the applicable Privacy Policy, DPA where applicable, and subscription terms, constitutes the agreement between the Licensor and the User concerning the Application.

17.7. In the event of a conflict between this Agreement and a mandatory provision of applicable law, the mandatory provision shall prevail.

Pametne Tehnologije d.o.o.
Dunajska cesta 113
1000 Ljubljana
Slovenia
apps@pamteh.si