Terms and conditions

Updated on: 11.11.2025

This document (together with all the documents mentioned in it) establishes the terms and conditions that govern the use of this website – (hereinafter the “Website”).www.optimoo.ro

The purpose of the Website is to present and sell online the Optimoo system, developed by the OPTIMOO FLEXIBLE SRL company, and to contract through the Website with potential Clients/investors interested in this service.

Please read the present Terms and Conditions, Cookies Policy, Privacy Policy and Product Return Policy before using the Website. If you do not agree with the Terms and Conditions of Use presented, you may not use our services.

By accessing and using the Website, you expressly acknowledge the binding nature of these documents and undertake to fully comply with them.

 

  1. DESCRIPTION OF THE ACTIVITY

OPTIMOO FLEXIBLE SRL (hereinafter the “Company” or “We”) is registered at the Trade Register under no. J2019001340262, has CUI RO41279655 and is the owner and developer of the website and all functions and services included in it.www.optimoo.ro

Optimoo is a complex time tracking and human resource management support system that facilitates the digitization of time and personnel management processes. It provides personalized, accurate and traceable data and the use of the timekeeping system frees up considerable time for HR employees, so they can focus on developing and motivating colleagues.

 

Our contact details are:

Address of the registered office: Târgu Mureș, str. Dr. Knöpfler Vilmos no. 9A, Târgu Mureș, postal code 540331, Mureș county, Romania.

No. they tel./fax: 0365.809.305

Email: ,sales@optimoo.rodpo@optimoo.ro

 

  1. TERMS

Customer – the entity that uses the platform and/or the platform with the identification data entered when registering the account on the platform;www.optimoo.rowww.cloud.optimoo.ro

Provider – OPTIMOO FLEXIBLE SRL, having the capacity of owner and developer of the platform and all the functions and services included in it;www.optimoo.ro

Platform – the website with all subdomains, the OPTIMOO platform/application, together with all the functionalities it offers, including all subdomains;
Service/services – all services offered by the Provider through www.optimoo.ro as they are described, publicly, on the website;www.optimoo.rowww.optimoo.rowww.optimoo.ro

User – means any person or entity, who uses the services provided by the Provider through the authorization received and on behalf of the Client. User is also the Client himself;www.optimoo.ro

Username and password – are the access data required for the user to be able to use the services offered by the Provider through the platform;www.optimoo.ro

Contact data – are the contact data of the Provider, the Client and the user communicated by them on . The customer and the user are directly responsible for the validity of the data and updating it in the platform if it changes;www.optimoo.rowww.optimoo.ro

Subscription – fee paid by the Customer according to the service contract.

Confidential information – includes all information exchanged between the parties to this contract, communicated verbally, in writing or accessible through the Client’s use of the platform and considered confidential;www.optimoo.ro

Active employee – that employee of the Client whose individual employment contract has not terminated. Thus, the active employee includes that employee who has an individual employment contract concluded with the Client, regardless of whether or not he is on monthly leave, or whose contract has been suspended for any reason (penalty, parental leave, etc.). The number of active employees determines the package chosen, the inactive ones not influencing the package. The number of active employees is limited to the maximum number included in the Package. If there is an increase in the number of active employees of the Client, which exceeds the maximum number included in the contracted package, the Client will have to switch to a higher Package, otherwise the package will not support exceeding the maximum number of employees included in the contracted Package.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

 

  1. INTELLECTUAL PROPERTY RIGHTS

3.1. OPTIMOO FLEXIBLE SRL is the exclusive owner of all intellectual property rights related to the content of the website www.optimoo.ro and related services, including, but not limited to, articles, text, photos, illustrations, music, audio and video clips, trademarks, emblems and models.

3.2. No section of the intellectual property content of this site may be reproduced, distributed or published in any form or by any means, without the prior written consent of OPTIMOO FLEXIBLE SRL. Therefore, visitors to the www.optimoo.ro website and users of the Optimoo Platform must understand and agree not to modify, sell, distribute or create derivative works based on the images and information published on this website or platform.

 

  1. USE OF THE OPTIMOO PLATFORM

4.1. By creating an account by the Client, he is granted the right to use the online timekeeping system, through the Platform, the latter party having the correlative obligation to pay the value of the services he benefits from, under the conditions established by the Terms and Conditions and its annexes.

4.2. The opening of the account by the Customer implies the unconditional acceptance of the terms and conditions and its appendices.

4.3. Acceptance of the terms and conditions by the Customer is done by ticking the box: “I have read the Terms and conditions of use of the Optimoo platform” and the boxes related to the annexes.

4.4. The provider, as the author/owner/administrator of the Platform, reserves the right to change and update at any time the content of the Platform, the Terms and Conditions, the Privacy Policy, as well as the other annexes. The Provider will inform the Clients about the changes applied to the Platform, when they appear. The information will be provided by email or through the Platform. The obligation to acknowledge and accept rests exclusively with the Customer.

4.5. From the moment of transmission or publication of the new Terms and Conditions, tariffs or any changes, the Customer has 10 (ten) calendar days to raise objections to the changes. If the Client does not raise any objection within the term specified by this article, the changes are considered valid and accepted by the Client.

4.6. The version of the Terms and Conditions applicable to a Customer is the one in force published on the Platform at the time the Customer’s account is created on the Platform.

 

  1. OPTIMOO PLATFORM DESCRIPTION

5.1. The implementation of the Optimoo system will ensure the record of working hours provided by employees, the computer system being more flexible, easy to use, and the entered data can be processed much faster and efficiently. At the same time, on the one hand, employees have the opportunity to track their own record of hours worked, and on the other hand, employers have the opportunity to track and verify the record of working hours, including by generating reports.

5.2. Depending on the Customer’s option, tipping can be done by several means:

  1. a) Processing the name and surname of the employee (the processing can be carried out based on the legitimate interest of the employer to ensure an accurate record of the hours of work performed by employees).
  2. b) Processing the employee’s holographic signature (the processing can be carried out based on the employee’s consent, obtained in full compliance with the GDPR; in the case of employees who refuse to give consent, the posting will be carried out by processing the first and last name).
  3. c) Processing the employee’s photo (the processing can be carried out based on the employee’s consent, obtained in full compliance with the GDPR; in the case of employees who refuse to give consent, the posting will be carried out by processing the name and surname).

5.3. If the employee’s holographic signature or photo is collected, to ensure the confidentiality of personal data, they will only be accessible to the employee registered in the personal account available on the Optimoo Platform. In well-founded cases, the employer will be able to access this data following a prior notification of the employee.

5.4. The data and information uploaded to the system by the Client (except for photos) will be stored by the Provider for 5 (five) years, calculated from the date of entering the information.

5.5. Photos uploaded to the system are stored for a period of 60 days, after which they will be automatically deleted (in the case of processing the employee’s holographic signature/photo).

5.6. At the express request of the Client, before the expiration of the terms mentioned in Art. 5.4. and Art. 5.5., the Provider is obliged to permanently delete the data stored in the system within 5 working days from the communication of the request.

5.7. In case of non-compliance with the payment obligations of the Client, access to the account will be suspended from the moment the Client exceeds the payment obligation of the subscription by 14 calendar days. If within 30 calendar days from the date of the notice of non-payment of the subscription, the Customer does not make the payment, his account will be deleted from the system.

5.8. The Provider has the right to access the account owned by the Client on the Optimoo platform, exclusively through an Optimoo technical support agent, expressly authorized by the Client, for the purpose of providing technical assistance. Accessing the account owned by the Client is done by using the user and the access password, expressly granted by the Client under the conditions of the given Power of Attorney.

5.9. The Provider declares and guarantees that it has implemented security measures that encrypt all data entered into the Platform by the Client, as well as other technical and organizational measures to avoid potential information security risks.

 

  1. OPTIMOO PLATFORM FUNCTIONS

6.1. For the correct calculation of the hours worked by employees, the Optimoo solution has the role of calculating and highlighting:

  • total ore pontate;
  • overtime 1 (overtime worked on working days)
  • overtime 2 (overtime performed at weekends)
  • overtime 3 (overtime performed on public holidays)
  • rounded hours;
  • break;
  • time spent within the company;
  • time spent outside society;
  • periods of absence of the employee;

6.2. In the Optimoo application, the Client has the opportunity to enter and highlight the following information related to the employment relationship with the employee:

  • type of employment contract;
  • the delegation periods for the days/times when the employee is in the delegation;
  • vacations of the employee;
  • medical leaves of the employee – referring exclusively to the start and end date of the medical leave, without collecting information about the illness suffered by the employee or other personal information;
  • the employee’s unpaid leave;
  • technical unemployment;
  • the legal free periods established by the legal provisions or the collective labor agreement/internal regulation applicable at the level of the employer;
  • situations of absence of the employee from the workplace, defined by the employer according to the legal provisions and the collective labor agreement/internal regulation;
  • the periods in which the individual employment contract is suspended;
  • civic obligations;
  • occupational diseases;
  • blood donation;
  • work accidents;
  • the employee’s email address, phone number;
  • data about family members and data about their health status.

 

  1. OPTIMOO SERVICE PACKAGES. PAYMENT OF SUBSCRIPTIONS AND OTHER TRANSACTIONS

7.1. The price and duration of the services is determined according to the package that the Client chooses.

7.2. Tariff plans can be discussed at the the following phone number: 0741-229-420.

7.3. Payment for services is made at the beginning of the period for which the services are purchased. The Services will be available to the Customer until the expiration of the period for which they were paid.

7.4. Invoices are issued monthly, five working days before the beginning of the month in question. The due date of each tax invoice is 5 calendar days from the date of its issuance.

7.5. According to the Provider, the Client will be notified by email at least 3 calendar days before the expiration of the period paid for using the services. In this period between the day of the notification and the day of expiry of the period paid for the use of the services, the Client can make a new payment for the purchase of the services offered by the Provider through www.optimoo.ro for the next period, according to the current tariff plan at the time of making the payment.

7.6. Payment for services can be made by bank transfer.

7.7. The Provider will be able to offer discounts, reductions, promotions through voucher codes that the Customer can use according to their own conditions of use that the Customer will receive together with the respective codes. A Customer will not be able to use a voucher code more than once. The customer will not be able to use several voucher codes consecutively and/or cumulatively.

7.8. The provider has the right to unilaterally change the rates applicable to subscriptions on the Platform at the end of each contractual year.

7.9. Any changes in rates or regarding the availability of services will be communicated by email to the Customer’s contact address in the user account at least 30 days before any change. Application maintenance services are announced through the application or by email.

 

  1. TERMS OF USE OF THE PLATFORM

8.1. In relation to users:

  • The Customer himself determines to which person he grants the user right, what is his role, what is the user’s level of access to the information held/entered by the Customer on the Platform;
  • The Client is directly responsible for any action of the user in his use of the services offered by the Provider through the Platform on behalf of the Client;
  • The Client controls the level of access of each user to the services offered by the Provider, may cancel or restrict the user’s right of access to the account created on the Platform at any time;
  • Any conflict that arises between the Client and the User with reference to the use of the services offered through the Platform will be managed exclusively by the Client, without the Provider being involved in any way in the conflict or in the process of its resolution.

 

  1. CUSTOMER RIGHTS AND OBLIGATIONS

a). has the obligation to pay the consideration for the services within the established term;

b). has the obligation to assume full responsibility for the data entered in his own account on the Platform, for the correctness, accuracy and integrity of the information contained in his own account;

c). has the obligation to update the identification data contained in his own account;

d). has the obligation to assume responsibility and bear the consequences for violating the rights of a third person by using the services provided by the Provider;

e). has the right to use the services offered by the Provider in full legality;

f). has the obligation to comply with the legal provisions related to copyright and the protection of personal data entered by the Customer in his own name or on behalf of third parties;

g). has the obligation to assume full responsibility for the creation, personalization, administration, management, accuracy and legality of the documents issued through the services provided by the Provider;

h). has the obligation to indemnify the Provider for any damage, costs or profit limitations arising as a result of any fraudulent actions on its part;

i). has the obligation to provide the Provider through the Platform with its own valid, valid and current contact data, throughout the period in which the Client uses the services offered by the Provider. In case of modification of these data, it is obliged to communicate any changes made to the contact data within 3 calendar days from the date of the intervention, otherwise the Provider does not assume responsibility for the loss/deletion of the Customer’s data;

j). has the right to request the deletion by the Provider of all information entered by him in the Platform;

k). has the right to renounce the services offered by the Provider when the subscription already paid expires;

it). The customer is solely responsible for all content existing in his account or for any violation of the law or the rights of a third party;

m). The account created by the Client on the www.optimoo.ro portal can be used for a limited period of 45 days and with the data of an inactive commercial company, but at the end of the 45 days the account will work exclusively with the data of an active company (valid tax code, valid ORC registration number, valid registered office, etc.), otherwise the account will be terminated.

n). if the Client is not satisfied with the services offered by the Provider through the Platform, he must expressly renounce the account, the continued use of the account means the express agreement given to the contractual terms and conditions.

 

  1. RIGHTS AND OBLIGATIONS OF THE PROVIDER

a). has the obligation to provide the Client with access to its services offered through the Platform;

b). has the obligation to delete the data entered by the Customer within the term established by this agreement;

c). has the obligation to reactivate the Customer’s account within a maximum of 5 days from the Customer’s payment of the new subscription in the event that the Customer’s access to the services has been suspended due to non-payment of the subscription;

d). has the obligation to ensure against the cost of the Client, at the request of the latter, support or assistance in the use of the services offered by the Provider through the Platform under good conditions by the Client throughout the period of use by the Client of the services offered by the Provider. The services will be offered from Monday to Friday, according to the work schedule displayed on the website www.optimoo.ro and communicated to the Client at the email address provided;

e). has the obligation not to access the data entered by the Customer on the Platform, except for those that are useful for the conclusion and performance of this contract;

f). has the obligation to notify the Client in advance, at least 30 calendar days before proceeding to stop/terminate the Cloud;

g). has the right to modify the tariff plans according to the Terms and Conditions;

h). has the right to collect anonymous data about the use of its services by Customers and to make them public in aggregate;

i). has the right to transmit all data and any information from the Client’s account to investigative bodies, if the Provider receives a reasoned request from an authorized public institution;

j). has the right to send the Client, by email, notifications for the purpose of marketing the Platform, for the purpose of informing the Client about updates or changes made to the services offered through the Platform and for the purpose of informing the Client about maintenance periods which may also mean periods of temporary suspension of services;

k). has the right to access the account held by the Client on the Optimoo platform, exclusively through an Optimoo technical support agent, expressly authorized by the Client, for the purpose of providing technical assistance. Accessing the account owned by the Client is done by using the user and the access password, expressly granted by the Client under the conditions of the given Power of Attorney.

 

  1. RESPONSIBILITY OF THE CLIENT

11.1. The Customer guarantees the data entered and bears full responsibility for the manner and purpose in which he uses the services provided by the Provider as well as for the manner in which he configures the system of users who have access to the Customer’s account and their behavior.

11.2. The Customer guarantees the information he enters into the Platform; is solely responsible for presenting the information in a fair and complete manner, as well as for keeping the information accurate or up-to-date.

11.3. The Customer agrees that it is solely responsible for and will indemnify the Provider for any damage, costs or profit limitations arising as a result of any fraudulent actions on its part. The Customer will assume responsibility and bear the consequences for violating the rights of a third party by using the services provided by the Provider.

11.4. The Customer will be held liable if he uses the applications and services made available by the Provider for illegal or immoral purposes.

 

  1. RESPONSIBILITY OF THE PROVIDER

12.1. The provider provides sufficient guarantees for the implementation of appropriate technical and organizational measures, so that the storage of personal data on the Optimoo Platform complies with the requirements of the GDPR.

12.2. The Provider cannot be held responsible in any way if the Client uses the applications and services made available for illegal or immoral purposes.

12.3. The Provider does not assume responsibility for the situation in which the user who creates, for the Customer, an account on the Platform is not authorized by the Customer to do so. The Provider will delete the account thus created at the express written request of the Client’s legal representative, accompanied by an up-to-date ascertaining certificate issued by the ONRC showing the capacity of the legal representative of the economic operator in whose name the account was created on the Platform.

12.4. The provider does not assume responsibility, under any circumstances, for any damage or error caused directly or indirectly, for any direct or indirect lack of profit (including, but not limited to this enumeration: damages for loss of profit, business interruption, or other pecuniary damages), suffered as a result of the use or interruption of use or the lack of regularity of the information and services provided by the site.

12.5. The provider does not guarantee the accuracy, correctness or current nature of the information or services provided by the site.

12.6. The Customer’s data is his property, the Provider only provides conditions/interface for the storage of the Customer’s data.

 

  1. TERMINATION OF USE OF THE OPTIMOO PLATFORM

13.1. This Agreement may be terminated by:

1). agreement of the parties, at the term agreed between the parties,

2). reaching the deadline, following the notification by any contracting party of the non-renewal of the agreement,

3). by unilateral termination by any contracting party, with a prior notice of 30 days, without the obligation to give reasons,

4). unilateral termination, immediately, due to the co-contractor’s fault.

13.2. In the event that one of the parties does not comply with the obligations established by this agreement, it will be terminated by law without any formality (notification, request for summons), this resulting from the simple fact of non-execution – commission pact, within the meaning of art. 1553 of the Civil Code, with the payment of compensation to the party at fault. If the Customer misuses the account, as well as if there are indications that the Customer uses the account for illegal or immoral purposes, the Provider has the right to immediately terminate this agreement, as well as to block the Customer’s access to the account registered on the Platform.

13.3. Termination of this Agreement shall have no effect on obligations already due between the contracting parties.

 

  1. CONFIDENTIALITY

14.1. The Customer has access to the Provider’s services offered through the Platform through a secure communication protocol and based on a username and password that the Customer or user defines. The data and information entered in the Platform are saved and stored in the “cloud” system on the Provider’s own or rented servers.

14.2. The customer or user is strictly and directly responsible for the confidentiality and safe keeping of their own data (username and password) to access the Platform.

14.3. The Provider does not assume responsibility for the Client’s loss of access data (username and password) or for activities that may compromise the Client’s account.

14.4. The customer or user will immediately notify the Provider if they suspect improper or unauthorized use of their own account and will request the modification of the access data.

14.5. If the Provider receives a notification regarding the existence of potentially illegal activities, carried out by the Client or on his behalf through , he reserves the right to suspend the user account or block access to it.www.optimoo.ro

14.6. The Provider cannot guarantee 100% security of the information stored or transmitted by the Client through the Platform. The Provider will make all reasonable efforts to ensure the confidentiality of the data received from the Customer and entered into the user account.

14.7. Unauthorized and abusive access or intervention to services and data stored on the Platform on behalf of the Provider or on behalf of the Clients, access by other persons other than those authorized by the Provider or by the Clients is a crime of unauthorized access to an IT system and will be sanctioned according to the Romanian legislation in force.

14.8. The Provider does not monitor or exercise any control over the Customer’s data and documents.

 

  1. PERSONAL DATA PROCESSING

15.1. The processing of personal data takes place in compliance with the GDPR and national data protection legislation.

15.2. In relation to the client (Data Operator), the developer of the Optimoo application has the capacity of Authorized Person within the meaning of Article 28 of the GDPR. The data processing activity will be carried out in accordance with the terms of the Personal Data Processing Agreement.

 

  1. FORCE MAJEURE

16.1. Force majeure exempts the parties from liability, in case of partial or total non-execution of the obligations assumed by this agreement. Force majeure means an event independent of the will of the parties, unforeseeable and insurmountable, occurring after the conclusion of the contract and which prevents the parties from fully or partially fulfilling the obligations assumed.

16.2. The party invoking force majeure has the obligation to inform the other party, in writing, within a maximum of 5 days from its occurrence.

16.3. The party invoking force majeure has the obligation to inform the other party of the termination of its cause within 15 days after the termination.

16.4. If these circumstances and their consequences last for more than 2 months, each partner can waive the further execution of the agreement. In this case, neither party has the right to demand compensation from the other party, but they have the duty to honor all their obligations up to this date.

 

  1. DISPUTES

17.1. The parties undertake to fulfill in good faith all obligations assumed by the Terms and Conditions and the Personal Data Processing Agreement.

17.2. Any disagreement arising regarding the conclusion, execution, violation, termination, validity or interpretation of the Terms and Conditions and the Personal Data Processing Agreement will be resolved amicably, if this is not possible, the dispute thus arising will be referred to the competent courts at the Provider’s headquarters.

 

  1. CHANGE OF THE TERMS OF THIS AGREEMENT

18.1. The provider, as the author/owner/administrator of the Optimoo Platform, reserves the right to change and update the content of the Platform at any time, as well as the Terms and Conditions and the Personal Data Processing Agreement. The Provider will inform the Clients about the changes applied to the Platform, the Terms and Conditions and the Personal Data Processing Agreement, when they appear. The information will be provided by email and through the Platform. The obligation to acknowledge and accept rests exclusively with the Customer.

18.2. From the moment of transmission or publication of the new Terms and Conditions, tariffs or any changes, the Customer has 10 (ten) calendar days to raise objections to the changes. If the Client does not raise any objection within the term specified by this article, the changes are considered valid and accepted by the Client.

18.3. The version of the Terms and Conditions applicable to a Customer is the one in force published on the Platform at the time the Customer’s account is created on the Platform.

 

  1. CONTACT

19.1. For any details or questions about OPTIMOO FLEXIBLE SRL, or the OPTIMOO system, please contact us at the e-mail address: or at the phone/fax number: +40365.809.305, from Monday to Friday, between the hours: 09:00 – 17:00.sales@optimoo.ro