Terms of Service

1. Definitions

• "Service" — the Brivio software-as-a-service platform available at brivio.ro, including web applications, APIs, mobile-optimized interfaces, integrations, and related documentation.
• "Organization" — the tenant workspace created within the Service, which constitutes the boundary of data isolation between customers.
• "Customer Data" — all data, documents, invoices, contracts, accounting records, contact data and other content uploaded to or generated within your Organization.
• "User" — any natural person authorized by the Customer to access the Organization.
• "Subscription" — the paid or free plan governing your access to Service features and limits.
• "Signatory" — a third party invited via a public link to review and sign a document generated by a Customer through the Service.

2. Description of the Service

Brivio is a business management platform providing, among other modules: invoicing and e-Factura submission to ANAF, document management, contract lifecycle management including electronic signing, double-entry accounting, inventory, banking reconciliation, payroll support, client relationship management, e-commerce tools, and AI-assisted features.

The Service is a software tool. Brivio does not provide accounting, tax, legal, or financial advisory services. Outputs of the Service (including AI-generated suggestions, accounting postings proposals, or tax computations) are aids that must be reviewed by you or your qualified advisors before being relied upon. You remain solely responsible for the accuracy, completeness and legality of your fiscal declarations, accounting records and contractual documents.

3. Account Registration and Security

You must provide accurate, current and complete information at registration and keep it updated. You are responsible for all activity under your account and for maintaining the confidentiality of credentials, including passkeys and two-factor authentication devices.

You must notify us without undue delay at security@brivio.ro of any unauthorized use or suspected compromise of your account. The Service is intended for business use by persons at least 18 years old with the capacity to contract.

4. Subscriptions, Fees and Taxes

Access to paid features requires an active Subscription. Fees, plan limits and billing cycles are displayed on the pricing page at the time of ordering and confirmed at checkout. Payment processing is performed by our payment processor; we do not store full card numbers.

Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. Price changes take effect at the next renewal and are notified at least 30 days in advance. All fees are stated exclusive of VAT and any applicable taxes, which are added where required by law.

Downgrade or cancellation takes effect at the end of the current billing cycle. Refund rules, including the consumer 14-day withdrawal right under Romanian GEO 34/2014, are set out in the Billing & Refund Terms, which form part of these Terms.

5. Customer Data and Responsibilities

You retain all rights in Customer Data. You grant Brivio a limited, non-exclusive licence to host, process, transmit and display Customer Data solely to provide and maintain the Service, comply with law, and as otherwise instructed by you.

You warrant that you have all rights and legal bases needed to upload Customer Data (including personal data of your own clients, employees and contacts), and that Customer Data does not infringe third-party rights or applicable law. Where you process personal data of third parties in the Service, you act as controller and Brivio acts as your processor under the Data Processing Agreement.

6. Fiscal Integrations (ANAF e-Factura, e-Transport, SAF-T)

The Service can transmit documents to Romanian public authorities (ANAF) on your behalf, using authorizations (e.g., SPV OAuth tokens) that you grant. You are solely responsible for the correctness of transmitted data, for the timeliness of submissions, and for monitoring authority responses. Statutory deadlines, penalties and fiscal obligations remain yours.

Availability of authority systems (ANAF SPV, e-Factura, e-Transport) is outside our control; we are not liable for their downtime, rejections, or changes in technical specifications, though we make commercially reasonable efforts to adapt promptly to published changes.

The Romanian e-invoicing mandate covers B2B and B2G transactions and, from 1 January 2025, B2C transactions. The statutory transmission deadline (currently 5 calendar days from issuance) and any penalties for late or missing transmission apply to you as the issuer; the Service surfaces deadlines and statuses as an aid only.

7. Electronic Signing

The contract-signing module enables simple electronic signatures (SES) within the meaning of Regulation (EU) 910/2014 (eIDAS, as amended by Regulation (EU) 2024/1183). For each signature the Service records an audit trail including timestamp, IP address, user agent, the document content hash, and the specific consents given by the Signatory.

Under eIDAS art. 25, an electronic signature shall not be denied legal effect or admissibility as evidence solely because it is in electronic form. A simple electronic signature with a robust audit trail is generally sufficient for ordinary B2B commercial contracts; however, documents for which Romanian law requires authentic form or a qualified electronic signature (e.g., certain real-estate transfers, acts subject to notarization, some employment and public-authority filings) cannot validly be executed by SES. You are responsible for determining whether SES is legally sufficient for your specific document type. Brivio is not a qualified trust service provider; where qualified seals are needed, the Service can route documents to qualified trust service providers configured by you.

Signatories interacting with the public signing page are shown, and must accept, both the document terms defined by the Customer and Brivio's Terms and Privacy Policy applicable to their use of the signing page.

8. AI Features

Certain features use artificial intelligence provided through our AI infrastructure provider (codai). AI outputs are probabilistic, may be inaccurate or incomplete, and must be verified before use — in particular for accounting entries, tax classifications, or legal text. Details, limitations and your controls are described in the AI Transparency Disclosure.

You must not use AI features to generate unlawful content or to make automated decisions producing legal effects on natural persons without meaningful human review.

9. Acceptable Use

Use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms. In summary: no unlawful activity, no infringement of third-party rights, no interference with the Service's integrity or security, no misrepresentation of identity in signed documents, and no resale of the Service without authorization.

10. Storefronts, Public Pages and Hosted Content

Where you use commerce features (storefronts, public pages, client portals), you are the trader and content provider for everything published there; Brivio acts as a hosting intermediary within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, applied in Romania by Law 50/2024) and of Law 365/2002. We do not monitor hosted content generally, but we act on valid notices of illegal content.

Anyone may report allegedly illegal content hosted on Customer storefronts or public pages to legal@brivio.ro, indicating the exact URL and the reasons. We review notices diligently and may remove or disable access to content, suspend the page, and inform the Customer, preserving evidence where required.

If you sell to consumers through commerce features, you — not Brivio — are responsible for all consumer-law obligations (pre-contractual information, withdrawal rights, guarantees, pricing rules including the lowest-prior-price rule for reductions under Directive (EU) 2019/2161 as transposed in Romania, and review-authenticity rules).

11. Payment Acceptance, Connected Accounts and the Platform Fee

Where you enable payment acceptance, Brivio acts as a technology platform, not as your payment institution. Funds from your customers are processed by a licensed payment service provider — Stripe, Netopia, PayU or EuPlătesc — under that provider’s own terms, which you accept directly with them. We never take custody of your funds and we never store card numbers; card data is entered on the provider’s hosted page.

For Stripe, onboarding creates a Stripe Express connected account in your name. Stripe is the account holder’s counterparty for the money: it performs its own identity and anti-money-laundering verification, it decides whether to accept you, and it controls payouts, reserves and, where applicable, chargebacks. Brivio can neither compel a payout nor reverse Stripe’s decision. If Stripe restricts or closes your connected account, your ability to accept payments through Brivio stops with it.

Platform fee. Brivio may retain a percentage of payments collected through a connected account, deducted at the moment of settlement before the balance reaches you. The rate is disclosed in your billing settings before you enable payment acceptance and is 0% unless a rate has been agreed and shown there. Any change to the rate takes effect only for payments initiated after we notify you, with at least 30 days’ notice; you may disable payment acceptance instead of accepting the new rate. Each retained amount is recorded against the underlying payment and is visible to you.

Your obligations as the merchant of record. You, not Brivio, are the seller in the contract with your customer. You are responsible for the lawfulness of what you sell, for the accuracy of prices and the descriptions in your storefront, for fiscal receipts and invoices, for consumer information and withdrawal rights, for handling refunds and complaints, and for your own data protection obligations towards your customers. Where a refund or chargeback reverses a payment, the corresponding platform fee is reversed with it.

Prohibited and restricted activities. You may not use payment acceptance for anything prohibited by the Acceptable Use Policy or by the payment provider’s own restricted-business list. We may suspend payment acceptance for your organisation, without prior notice where the risk is immediate, if we are directed to do so by a payment provider, a card scheme or a competent authority, or where we have reasonable grounds to suspect fraud or illegality.

PCI DSS. Brivio does not process, transmit or store cardholder data. Card entry, tokenisation and authorisation take place within the payment provider’s own environment, and the provider is the entity certified against PCI DSS for those operations. Our role is limited to redirecting the payer, receiving the outcome and reconciling it against your records.

12. Intellectual Property

The Service, its software, design, and all associated intellectual property rights belong to Interactive Media Solutions S.R.L. or its licensors. No rights are granted except the limited right to use the Service per these Terms. Feedback you provide may be used by us without restriction or compensation.

13. Availability, Support and Modifications

We target the availability levels described in the Service Level Agreement. We may modify, add or remove features, provided that material reductions of paid functionality are notified at least 30 days in advance, in which case you may terminate and receive a pro-rata refund of prepaid unused fees.

Support is provided via support@brivio.ro and in-product channels, per your plan level.

14. Warranties and Disclaimers

The Service is provided "as is" and "as available" to the maximum extent permitted by law. We do not warrant that the Service will be error-free or uninterrupted, or that outputs (including fiscal computations and AI outputs) are accurate or fit for a particular purpose. Statutory warranties owed to consumers under Romanian law remain unaffected.

15. Limitation of Liability

To the extent permitted by law, Brivio's aggregate liability arising out of or related to the Service in any 12-month period is limited to the fees paid by you for the Service in that period. Neither party is liable for indirect, incidental or consequential damages, loss of profit, loss of data (beyond restoration from our backups), or fiscal penalties imposed on you by authorities.

Nothing in these Terms limits liability for intent (dol) or gross negligence (culpă gravă), death or personal injury, or any liability that cannot be limited under Romanian law. Consumer rights under mandatory law are not affected.

16. Indemnification

You will indemnify Brivio against third-party claims arising from (a) Customer Data, (b) your breach of these Terms or of applicable law, or (c) documents you issue or sign through the Service, except to the extent caused by our breach.

17. Term, Suspension and Termination

These Terms apply while you use the Service. You may terminate at any time by cancelling your Subscription and deleting your Organization. We may suspend or terminate access for material breach (with notice and a cure period of 15 days where the breach is curable), for unlawful use, non-payment, or where required by law.

Upon termination, you may export Customer Data for 30 days, after which we delete it per our retention schedule, subject to statutory retention duties (e.g., accounting records). Clauses on liability, indemnity, IP and governing law survive termination.

18. Switching Provider (Regulation (EU) 2023/2854)

You may ask at any time to switch to another data processing service provider or to your own infrastructure, under chapter VI of Regulation (EU) 2023/2854 (Data Act). The notice period is at most 2 months; you can send the request from settings or to legal@brivio.ro.

The transition period is at most 30 days from the end of the notice period. If, for technical reasons, the transition cannot be completed within 30 days, we tell you within 14 days of the request, with reasons, and set a period of at most 7 months; throughout, the Service continues at the same level and we give you reasonable assistance.

Exportable data and formats: accounting (SAF-T D406 XML, trial balances and ledgers in XLSX/CSV), issued and received invoices (UBL 2.1 / RO_CIUS XML and PDF), contacts and products (CSV), uploaded documents (the original files, in a ZIP archive), contracts and their audit trail (PDF and JSON), organization settings (JSON). The full list and the steps are on the Switching provider page.

We charge no switching or data-egress fees. After the transition ends, your data stays available for export for at least 30 days, then is deleted per our retention schedule, subject to statutory retention duties.

19. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control within the meaning of art. 1351 of the Romanian Civil Code — including natural disasters, war, cyber-attacks of exceptional scale, general failures of energy or telecommunications infrastructure, or acts of public authority. The affected party must notify the other without undue delay and resume performance as soon as reasonably possible. Payment obligations already accrued are not excused.

20. Assignment and Subcontracting

You may not assign or transfer these Terms or your Subscription without our prior written consent, except to a successor in a merger, acquisition or sale of substantially all assets, with notice to us. We may assign these Terms to an affiliate or successor in interest, and we may use subcontractors (including the sub-processors listed on the Sub-processors page), remaining responsible for their performance.

Brivio's successor. We intend to transfer the operation of the Service to BRIVIO OPERA S.R.L., a company in the process of registration with the Trade Registry. The transfer — the assignment of these Terms, your Subscription and the Data Processing Agreement to BRIVIO OPERA S.R.L. — takes place only after its registration and only after a notice by email and in the application sent at least 30 days in advance, stating the new operator's identification details and the transfer date. Until that date you may object and terminate at no cost, with a full export of your data. If you do not terminate, the Terms, your Subscription and the DPA continue with BRIVIO OPERA S.R.L. on the same conditions, and it takes over all our rights and obligations, including the role of processor. The transfer does not change prices, the data processed or the sub-processor list.

21. Miscellaneous

Limitation period: claims arising from these Terms are subject to the general 3-year limitation period under art. 2517 of the Romanian Civil Code, unless mandatory law provides otherwise.

Severability: if any clause is held invalid, the remainder stays in force, and the invalid clause is replaced by a valid one closest to its economic intent. No waiver is implied from failure to enforce a right. These Terms, together with the documents they incorporate (AUP, DPA, Billing & Refund Terms, Payment Terms, SLA), constitute the entire agreement regarding the Service.

Notices to Brivio go to legal@brivio.ro; notices to you go to your account email — keep it current.

22. Changes to these Terms

We may update these Terms. Material changes are notified at least 30 days before taking effect, via email and in-product notice, and may require renewed acceptance. Continued use after the effective date constitutes acceptance. The version and effective date appear at the top of this document; prior versions are available on request at legal@brivio.ro.

23. Governing Law and Jurisdiction

These Terms are governed by Romanian law. Disputes are subject to the competent courts of Gorj county, Romania, except that consumers may bring or defend proceedings in their domicile jurisdiction as provided by mandatory law. Consumers may also use the SAL/ANPC mechanisms described on the Consumer Disputes page.

These Terms are drafted in Romanian and English. In case of divergence, the Romanian version prevails.