Terms of Service
Version 2026-11-13, effective from 13 Nov 2026. The Croatian version is legally binding; this translation is provided for convenience.
1. General
1.1. These terms govern the use of the PencilCRM service (the "Service") available at https://app.pencilcrm.com. The Service is provided by [NAZIV TVRTKE], OIB [OIB], [ADRESA] (the "Provider").
1.2. The customer is a legal entity or individual acting in the course of business who registers for the Service (the "Customer"). The Service is intended for business customers only, not for consumers. People the Customer gives access to the Service (e.g. employees and contractors) are referred to as authorised persons.
1.3. The Data Processing Agreement (https://app.pencilcrm.com/legal/dpa) forms part of these terms.
2. Conclusion of the contract
2.1. The contract is concluded when a person authorised to act for the Customer completes registration and accepts these terms and the Data Processing Agreement.
2.2. The Customer warrants that its registration details are accurate and keeps them up to date.
3. Trial period
3.1. A new Customer receives a free trial for the period stated at registration. No fee is charged during the trial.
3.2. If the Customer does not choose a plan by the end of the trial, access is locked and the data is kept for at least 30 more days.
4. Subscription and payment
4.1. The Service is billed as a monthly subscription according to the chosen plan. Prices and plans are shown in the Service.
4.2. Card payments are processed by Paddle.com Market Limited as merchant of record. Paddle issues invoices and charges VAT, and its terms also apply to payments. The Provider does not see or store card details.
4.3. The subscription renews automatically every month until cancelled. Cancellation takes effect at the end of the paid period. Fees for a started period are not refunded unless the law requires otherwise.
4.4. The Provider may change prices with at least 30 days' notice. The new price applies from the first billing period after that notice. A Customer that disagrees may cancel its subscription.
4.5. If a payment fails, the Provider may lock access after repeated collection attempts until the amount is paid.
5. Customer's obligations
5.1. The Customer uses the Service lawfully, in particular in line with data protection law. The Customer is the controller of the data it enters into the Service or that the Service collects on its behalf, and is responsible for the legal basis of processing, informing data subjects and responding to their requests.
5.2. The Customer must not use the Service to send unsolicited messages, store unlawful content, access other customers' data or disrupt the Service.
5.3. The Customer keeps its authorised persons' credentials safe, grants only the roles they need and promptly informs the Provider of any suspected unauthorised access.
5.4. The Customer is responsible for the settings it enters (e.g. mailbox access, Meta Lead Ads) and for the permissions it grants third parties for that purpose.
6. Sensitive data and sector-specific rules
6.1. The Service is a general-purpose tool for managing enquiries and communication and is not designed for any particular industry. The Customer alone assesses whether the Service is suitable for the data it intends to enter.
6.2. If the Customer enters special categories of personal data under Article 9 GDPR (e.g. health data) or other data subject to special rules, the Customer warrants that it has a legal basis for processing it, enters only data that is necessary, and complies with the laws and professional rules that apply to its sector.
6.3. The Service is not certified for or compliant with HIPAA (USA), PCI DSS or similar sector-specific laws and standards that require special certification or a specific agreement with the provider. The Service must not be used for processing subject to such rules unless a separate written agreement has been concluded with the Provider.
7. Data protection
7.1. For data the Customer enters into the Service or that the Service collects on its behalf (e.g. enquiries it receives), the Customer is the controller and the Provider is the processor, under the Data Processing Agreement.
7.2. Data about the Customer and its authorised persons that the Provider processes for its own purposes (account, billing, support) is processed by the Provider as controller under the Privacy Policy (https://app.pencilcrm.com/legal/privacy).
8. Availability and support
8.1. The Provider makes reasonable efforts to keep the Service available but does not guarantee uninterrupted availability. Planned maintenance is scheduled outside business hours where possible.
8.2. Support is provided by email at vas@email.com on business days.
8.3. The Provider may change and improve the Service as long as its core functions are not materially reduced.
9. Limitation of liability
9.1. The Provider is not liable for indirect damage, lost profit, or data loss caused by the Customer or third parties, nor for damage resulting from use of the Service contrary to section 6.
9.2. The Provider's total liability under this contract is limited to the amount the Customer paid for the Service in the 12 months before the damage occurred.
9.3. These limits do not apply to damage caused intentionally or by gross negligence, or where the law does not allow a limitation.
10. Intellectual property
10.1. All rights in the Service, software and documentation belong to the Provider or its licensors. During the contract the Customer receives a non-exclusive, non-transferable right to use the Service for its own business.
10.2. Data entered by the Customer remains the Customer's property.
11. Term and termination
11.1. The contract is concluded for an indefinite period. The Customer may terminate it at any time by cancelling the subscription.
11.2. The Provider may terminate with 30 days' notice, or immediately if the Customer seriously breaches these terms or fails to pay an overdue fee after a reminder.
11.3. After termination the Customer may request an export of its data for 30 days. The Provider then deletes the Customer's data as set out in the Data Processing Agreement.
12. Changes to these terms
12.1. The Provider may change these terms with at least 30 days' notice by email or in the Service. A Customer that disagrees may terminate before the changes take effect.
13. Governing law
13.1. The contract is governed by the laws of the Republic of Croatia. The competent court at the Provider's registered seat has jurisdiction.
14. Contact
[NAZIV TVRTKE], [ADRESA], vas@email.com