Version 3.0 — effective 3 September 2026
SCREENish LTD, 2A Angel Kanchev Street, 3rd floor, 4000 Plovdiv, Republic of Bulgaria — UIC 205586868
These Terms of Service (the "Terms") govern access to and use of the SCREENish workforce time-tracking and activity-monitoring platform, including the website at screenish.com, the desktop and mobile applications, the browser extension, dashboards, reports, support services, and any related features made available by SCREENish LTD (together, the "Service").
By creating an account, accepting an order or subscription, installing an application, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.
If you accept these Terms for a company, public body, partnership, or other organisation, you represent that you have authority to bind that organisation. In that case, "Customer", "you", and "your" refer to that organisation. If you use the Service on your own behalf, those terms refer to you.
The Service is intended primarily for business and professional use. Any consumer rights that cannot lawfully be excluded or limited remain unaffected.
You may use the Service only if you are legally capable of entering into a binding agreement, are not prohibited from using the Service by applicable law, and provide accurate registration and billing information.
An individual accepting these Terms for a Customer represents and warrants that the individual has sufficient authority to do so. SCREENish may request reasonable evidence of that authority.
The Service is not directed to children, and, as a matter of SCREENish's own eligibility policy, is not intended for use in relation to persons under the age of sixteen. Any use of the Service in relation to a person under sixteen — including creating an Account for such a person or directing monitoring features at them — is subject to applicable employment, data-protection and child-protection law and requires the prior written approval of SCREENish. This restriction is a contractual eligibility rule of SCREENish; it is not a statement of what data-protection law itself permits or prohibits.
SCREENish provides a software-as-a-service platform for workforce time tracking, activity monitoring, reporting, analytics, security- and integrity-related functions, and related workforce-management functionality.
Depending on the features the Customer activates, the platform may in particular perform, without this list being exhaustive:
Available features depend on the Customer's plan, configuration, device, operating system, and application version. The specific categories of data processed, the purposes, the roles of the parties, and the applicable legal bases are not established by these Terms alone: they are established in the DPA, the Privacy Policy, the applicable worker notices, and the configuration of the Service chosen by the Customer.
The Customer chooses which available features to enable and how to configure them. SCREENish does not decide which individuals are monitored, the purpose of the monitoring, the applicable legal basis, or the employment consequences of information displayed through the Service.
SCREENish may modify, enhance, or introduce additional functionalities that are reasonably related to the purposes and categories of services described in these Terms, provided that any processing of Personal Data remains subject to the applicable DPA, the Privacy Policy, and other applicable data-protection requirements. SCREENish may also improve, replace, or discontinue features. Where a change materially reduces the core functionality of a paid subscription, SCREENish will provide reasonable notice when practicable, unless immediate action is required for security, legal, regulatory, or technical reasons.
Automated Activity Assessment. The Service may include automated indicators, anomaly flags, activity gradings, or similar decision-support information. Such outputs are advisory decision-support information intended to assist human review; they are not conclusive findings or determinations regarding an individual's employment, performance, misconduct, or entitlement to compensation, and SCREENish does not make employment decisions on the Customer's behalf. The Customer remains responsible for any decision affecting an individual. The Customer shall not rely solely on an automated indicator as the basis for an employment decision producing legal effects or similarly significant effects on an individual, and shall ensure meaningful human review before taking such action — a review in which the reviewer examines the underlying information, can assess alternative explanations, and is able to depart from the automated output.
The Customer must provide complete and accurate information and keep it current. SCREENish may reject, suspend, or close an Account where information is materially false, misleading, incomplete, or cannot reasonably be verified.
Each Authorised User must use individual credentials unless SCREENish expressly supports another access method. The Customer is responsible for protecting credentials, devices, authentication factors, recovery codes, and access links. Shared administrator credentials are prohibited unless technically unavoidable and properly controlled by the Customer.
The Customer is responsible for activity performed through its Accounts, including activity by administrators, delegated administrators, employees, contractors, project-share recipients, and anyone who obtains access because the Customer failed to secure or revoke credentials.
The Customer must notify SCREENish without undue delay at info@screenish.com if it becomes aware of unauthorised access, credential compromise, or other misuse of the Service. SCREENish may require password resets, session termination, multi-factor authentication, or other reasonable protective measures.
The Customer controls invitations, role assignments, project access, monitoring assignments, and account removal. The Customer must review access regularly and promptly revoke access when it is no longer required. Any person granted an administrative role may have extensive access to Customer Data; the Customer must assign such roles carefully.
Free and paid features, usage limits, billing periods, and prices are described on screenish.com, in the Service, or in an Order. An Order may contain additional commercial terms. If an Order conflicts with these Terms, the Order prevails only for the specific commercial matter it expressly addresses.
Unless an Order states otherwise, a paid subscription renews automatically for successive periods equal to the previous billing period until cancelled. The Customer authorises SCREENish and its payment providers to charge the applicable recurring fees using the payment method on file.
Payments may be processed through Braintree, Revolut, banks, card networks, or other payment service providers. SCREENish does not control those providers and is not responsible for their separate services. The Customer must comply with any applicable provider terms and ensure that its payment details are valid and authorised.
Fees exclude VAT, sales tax, withholding tax, and similar governmental charges unless expressly stated otherwise. The Customer is responsible for applicable taxes, except taxes based on SCREENish's net income. If the Customer is legally required to withhold an amount, it must provide valid evidence and, where permitted, gross up the payment so that SCREENish receives the invoiced amount.
If an undisputed amount remains unpaid after its due date, SCREENish may restrict paid features or suspend access after reasonable notice. The Customer remains responsible for accrued fees and reasonable recovery costs permitted by law.
SCREENish may change prices for a future renewal period by giving reasonable prior notice. Continued use after the new price takes effect constitutes acceptance. The Customer may cancel before renewal if it does not accept the new price.
Except where an Order states otherwise or applicable law requires a refund, fees already paid are non-refundable. If SCREENish terminates a prepaid subscription without cause, it will refund the unused prepaid fees on a pro-rata basis. Refund rights arising from a sub-processor objection are governed by the DPA. Where you use the Service as a consumer, any statutory right of withdrawal, and any other consumer refund right that cannot be excluded, remains unaffected.
The Customer is responsible for its use of the Service and for the acts and omissions of its Authorised Users. The Customer is responsible for the lawfulness of the purposes, the legal basis, and the employment-related use of its monitoring activities: in particular, for determining whether its use of employee monitoring, screenshots, location tracking, face verification and other monitoring features is permitted under the laws applicable to the Customer and to the individuals being monitored — which are frequently not the same jurisdiction — and for obtaining any notices, consents, authorisations or other legal bases required by applicable law. SCREENish remains responsible for its own obligations under applicable data-protection law in respect of the processing activities it performs as processor or, where applicable, as controller; nothing in this section transfers those obligations to the Customer. Without limiting the Customer's responsibility described above, the Customer must:
SCREENish provides software and factual product information, not legal, employment, tax, or human-resources advice. The Customer should obtain advice appropriate to each jurisdiction in which the Service is used.
The Customer acknowledges that workforce monitoring can create significant privacy and employment-law risks. The Customer alone determines whether the Service is suitable for its circumstances and remains the controller of Customer Personal Data as described in the DPA.
The Customer must not use the Service for covert, unlawful, discriminatory, retaliatory, or excessive surveillance. The Customer must not use Customer Data to discriminate unlawfully, harass individuals, interfere with protected rights, or make decisions prohibited by applicable law.
Features such as screenshots, activity counters, application names, window titles, location information, free-text notes, and face-verification materials may capture personal or confidential information. The Customer must configure and use those features responsibly and must instruct its personnel not to expose unnecessary third-party data.
Free-text fields. Project titles and descriptions, notes, report names, and similar free-text fields are authored by the Customer and its personnel; SCREENish applies no semantic restriction to their contents. The Customer and its Authorised Users must not use them to record special categories of personal data, or other sensitive or confidential information, that is not reasonably necessary for the work being recorded. This restriction allocates responsibility for what is entered; it does not relieve SCREENish of its obligations as processor where such data nevertheless enters the Service.
Special categories of data. The Customer is responsible for determining whether, and under what legal conditions, its monitoring configuration may capture special categories of personal data — for example health information visible in captured screens, window titles, or free-text fields. SCREENish processes any such data only as necessary to provide the Service and in accordance with the Customer's documented instructions, applicable data-protection law, and the DPA; it does not search for, extract, or use such data for any purpose of its own.
Face verification deserves particular care: laws governing biometric and workplace-monitoring technologies differ materially between jurisdictions, and the Customer must determine that the feature may lawfully be enabled for particular personnel, and establish any required legal basis, condition, notice, consent or other authorisation under the law that applies to them, before enabling it.
Where the Service offers blur, selective capture, single-monitor capture, scheduling, or similar minimisation controls, the Customer is responsible for enabling and validating them in its own environment. Blur is a data-minimisation feature available to the Customer, not a guarantee: its effectiveness depends on the applicable client application version, configuration, and proper operation, and it must not be relied upon as the sole safeguard against the capture or disclosure of sensitive information. No configuration control eliminates the Customer's duty to assess risk and verify lawful deployment.
As between the parties, the Customer retains all right, title, and interest in Customer Data. SCREENish does not acquire ownership of Customer Data because it is processed through the Service.
The Customer grants SCREENish and its sub-processors a limited, non-exclusive, worldwide right to host, copy, transmit, display, adapt technically, secure, back up, and otherwise process Customer Data only as necessary to provide, support, maintain, and protect the Service, comply with law, and exercise rights under these Terms and the DPA. In the case of Customer Personal Data this licence is subject always to the DPA, and nothing in it authorises any processing beyond the Customer's documented instructions under the DPA.
The Customer represents that it has all rights, permissions, notices, and lawful bases necessary for Customer Data and for the instructions it gives SCREENish. The Customer must not submit data that it has no right to process through the Service.
The Service may provide exports, reports, print views, and emailed reports. The Customer is responsible for selecting recipients and protecting exported files and destination mailboxes after data leaves SCREENish-controlled systems.
SCREENish does not use Customer Data to train machine-learning models, to build benchmarks, profiles or datasets, to develop or improve products, or for any other purpose of its own, whether or not aggregated or de-identified, and does not sell it. Processing that is necessary to provide, secure, support, back up, bill for and operate the Service — including administrative reporting on service configuration and operational health, used to run, support and safely change the Service — is part of providing the Service and is not such a use. Operational reporting does not permit SCREENish to use captured content for cross-customer analytics, model training, profiling, benchmarking, dataset creation, or product development. Such reporting never aggregates captured content: screenshots, application names, window titles and notes are not included in any cross-customer statistic. This mirrors, and for Customer Personal Data is governed by, clause 3.4 of the DPA.
Where SCREENish processes Customer Personal Data on the Customer's behalf, you are the controller and SCREENish acts only as your processor, and the DPA at https://www.screenish.com/dpa forms part of these Terms. The DPA governs the parties' controller-processor relationship, instructions, confidentiality, security, sub-processors, assistance, breach notification, deletion, audits, international transfers, and related matters.
Customer Data is stored and processed with the sub-processors listed in the DPA, which names each provider, its location, and the transfer mechanism that applies to it; transfers outside the European Economic Area are covered by the Standard Contractual Clauses. The Privacy Policy describes the current storage locations. Changes to sub-processors are governed by the DPA, including the Customer's right to object.
Where SCREENish processes personal data for its own purposes, including account administration, billing, fraud prevention, service security, customer support, and legal compliance, that processing is governed by the SCREENish Privacy Policy.
If these Terms conflict with the DPA regarding Customer Personal Data, the DPA prevails. Nothing in these Terms limits rights granted directly to data subjects by applicable law.
Each party may receive non-public information that is identified as confidential or that a reasonable person would understand to be confidential, including business plans, security information, pricing, technical material, and Customer Data ("Confidential Information").
The receiving party must use Confidential Information only to perform or exercise rights under the agreement, protect it using reasonable care, and disclose it only to personnel, advisers, and contractors who need to know it and are bound by confidentiality duties.
Confidential Information does not include information that the receiving party can demonstrate: was lawfully known without restriction; becomes public through no breach; is received lawfully from a third party without a duty of confidentiality; or is independently developed without use of the other party's Confidential Information.
A party may disclose Confidential Information where required by law, court order, or competent authority, provided it gives advance notice where legally permitted and reasonably assists with protective measures. These duties survive termination for five years, except that trade secrets and Customer Personal Data remain protected for as long as required by law or while they retain their confidential nature.
The Customer and Authorised Users must not:
SCREENish may investigate suspected misuse and may remove access, preserve evidence, or report conduct to competent authorities where legally required or reasonably necessary to protect rights and safety.
SCREENish and its licensors retain all right, title, and interest in the Service, software, algorithms, interfaces, designs, Documentation, trademarks, logos, domain names, and related intellectual property. Except for the limited subscription right expressly granted below, no rights are transferred to the Customer.
During the Subscription Term and subject to these Terms, SCREENish grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to permit its Authorised Users to access and use the Service for the Customer's internal business purposes.
The Customer may make a reasonable number of copies of Documentation for internal use. The Customer must preserve proprietary notices and may not use SCREENish branding without prior written permission.
If the Customer or an Authorised User provides ideas, suggestions, requests, or feedback about the Service, SCREENish may use and incorporate that feedback without restriction, payment, or attribution. Feedback does not include Customer Data or Confidential Information merely because it is communicated during support.
The Service may rely on or interoperate with third-party services, including hosting, storage, email, mapping, authentication, analytics, support, payment, banking, and communications providers. Third-party services are governed by their own terms and policies.
SCREENish is not responsible for a third party's products, acts, omissions, availability, security, or content, except to the extent SCREENish remains responsible for a sub-processor under the DPA. Links to external websites do not constitute endorsement.
SCREENish will use commercially reasonable efforts to operate and support the Service. Unless an Order or separate service-level agreement states otherwise, SCREENish does not guarantee any uptime percentage, response time, resolution time, or uninterrupted availability.
The Service may be unavailable because of maintenance, upgrades, emergency changes, internet or telecommunications failures, third-party outages, cyberattacks, power failures, customer configuration, device incompatibility, or events beyond reasonable control.
The Customer must maintain suitable devices, supported software, connectivity, security controls, and backups of information it is required to retain independently. SCREENish may require installation of updates to maintain functionality or security.
SCREENish may offer free, trial, beta, preview, early-access, or experimental features. Such features may be incomplete, changed, or discontinued at any time and may be subject to additional conditions or limits.
To the maximum extent permitted by law, beta and free features are provided "as is" without service commitments, warranties, support obligations, or indemnities. The Customer should not use them for high-risk or legally critical processes unless expressly agreed in writing.
SCREENish may suspend all or part of the Service where reasonably necessary to: protect security or integrity; prevent harm; investigate suspected misuse; comply with law or a binding authority request; address non-payment; prevent excessive load; or respond to a material breach.
Where practicable, SCREENish will notify the Customer and provide a reasonable opportunity to cure. Immediate suspension may occur where delay would create material risk. SCREENish will limit the scope and duration of a suspension where reasonably possible.
These Terms begin when first accepted and continue while the Customer has an Account or uses the Service. Paid rights continue for the applicable Subscription Term.
The Customer may cancel renewal through available account controls or by contacting info@screenish.com. Cancellation takes effect at the end of the then-current paid period unless the Customer requests earlier closure. Earlier closure does not create a refund right except where required by law or expressly agreed.
Either party may terminate the agreement by written notice if the other party materially breaches it and, where the breach can be cured, fails to cure within thirty days after notice. A party may terminate immediately for an incurable material breach, insolvency event, unlawful use, or conduct creating serious security or legal risk.
SCREENish may terminate a free Account or discontinue a free Service on reasonable notice. SCREENish may also terminate the Service if continued operation becomes commercially impracticable, unlawful, or materially affected by a third-party dependency, provided that prepaid unused fees for the terminated paid period are refunded on a pro-rata basis unless termination results from the Customer's breach.
On termination or expiry, the Customer's right to use the Service ends and SCREENish may disable Accounts and access. Accrued payment obligations remain due.
Customer Personal Data is returned, retained, and deleted in accordance with the DPA. Other personal data is handled under the Privacy Policy. The Customer should export any available data before termination and remains responsible for its own legal recordkeeping obligations.
Sections concerning ownership, confidentiality, fees accrued, disclaimers, limitations of liability, indemnity, dispute resolution, and any provisions that by nature should survive will remain effective.
Each party warrants that it has authority to enter into the agreement.
SCREENish warrants that it will provide the paid Service with reasonable skill and care. If SCREENish materially breaches this warranty and the Customer gives sufficiently detailed notice, SCREENish will use reasonable efforts to correct the affected Service. If SCREENish cannot do so within a reasonable period, the Customer may terminate the affected paid Service and receive a pro-rata refund of prepaid unused fees. This is the Customer's exclusive contractual remedy for breach of this warranty.
Except for the express warranty above and to the maximum extent permitted by law, the Service, Documentation, beta features, and support are provided "as is" and "as available". SCREENish disclaims implied or statutory warranties, including merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted operation, and error-free performance.
SCREENish does not warrant that the Service will satisfy every legal or employment requirement, prevent misconduct, identify every irregularity, or produce a particular business result. The Customer remains responsible for its configuration, interpretation, policies, and decisions.
22.1 Carve-outs. Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, intentional (wilful) misconduct, gross negligence, or any other liability to the extent that it cannot lawfully be excluded or limited under applicable law.
22.2 Data subjects and the SCCs. The limitations and exclusions in this section do not apply to the extent that their application would unlawfully restrict the rights of data subjects, or would exclude or limit liability that cannot lawfully be excluded or limited under applicable data-protection law or the applicable Standard Contractual Clauses. Nothing in this section shall be interpreted as limiting or excluding any liability, obligation, or remedy to the extent such limitation or exclusion is prohibited by the applicable SCCs. Subject to the foregoing, this section governs the parties' claims against each other under the agreement; it does not govern claims of data subjects, which are exercised under applicable law, the DPA, and, where applicable, the SCCs.
22.3 Excluded categories of loss. Subject to clauses 22.1 and 22.2, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, anticipated savings, business opportunity, goodwill, or reputation, whether direct or indirect, arising from or related to the agreement.
22.4 Aggregate cap. Subject to clauses 22.1 and 22.2, SCREENish's total aggregate liability to the Customer arising out of or related to the Service, the DPA, and these Terms, under all theories of liability, will not exceed the fees actually paid or payable by the Customer for the Service during the twelve months immediately preceding the event giving rise to the claim. This cap and the cap in clause 13 of the DPA are one and the same aggregate amount, calculated once across both instruments; they are not two separate caps.
22.5 Relationship with indemnities and exclusions. The indemnification obligations in Section 23 are subject to this section, including the aggregate cap in clause 22.4, except to the extent expressly stated otherwise in Section 23 or to the extent a limitation is prohibited as described in clauses 22.1 and 22.2. Where clauses 22.1 or 22.2 disapply a limitation, they prevail over the exclusions in clause 22.3 to the same extent.
22.6 General. The limitations apply to the maximum extent permitted by law, even if a remedy fails of its essential purpose and whether or not a party was advised that a loss was possible. They do not reduce payment obligations owed by the Customer.
The indemnities in this section allocate risk according to which party determines or controls the circumstances giving rise to the claim. They do not determine or alter either party's controller or processor role under applicable data-protection law, which is assessed for each processing activity on the basis of the actual determination of the purposes and means of that processing.
23.1 Indemnity by the Customer. The Customer will defend, indemnify, and hold harmless SCREENish, its affiliates, and their directors, officers, employees, and contractors from third-party claims, regulatory proceedings, damages, penalties, costs, and reasonable legal fees arising from:
The Customer has no indemnity obligation under this clause to the extent a claim or loss was caused by SCREENish's breach, negligence, wilful misconduct, or other wrongful act.
23.2 Indemnity by SCREENish. SCREENish will defend, indemnify, and hold harmless the Customer and its directors, officers, and employees from third-party claims, regulatory proceedings, damages, penalties, costs, and reasonable legal fees arising from:
The intellectual-property indemnity does not apply to claims arising from Customer Data, the Customer's instructions, modifications not made by SCREENish, combination of the Service with items not supplied by SCREENish, or use of the Service outside the scope of these Terms. SCREENish has no indemnity obligation under this clause to the extent a claim or loss was caused by the Customer's breach, instructions, negligence, wilful misconduct, or other wrongful act.
23.3 Procedure. The indemnified party will promptly notify the indemnifying party of an indemnified claim, allow the indemnifying party to control the defence and settlement, provide reasonable assistance at the indemnifying party's cost, and use reasonable efforts to mitigate the loss. The indemnifying party may not settle a claim in a manner that admits fault on behalf of the indemnified party, imposes non-monetary obligations on the indemnified party, or fails to fully release the indemnified party, without the indemnified party's prior written consent.
23.4 Relationship with Section 22. Indemnification obligations under this section are subject to the limitations of liability in Section 22, including the aggregate cap, except to the extent expressly carved out there or to the extent a limitation is prohibited by applicable law or the applicable Standard Contractual Clauses.
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil disorder, labour action, governmental measures, epidemics, utility failures, internet disruption, cloud-provider failure, widespread cyberattack, or failure of critical suppliers. Payment obligations for Services already provided are not excused.
The affected party will use reasonable efforts to reduce the impact and resume performance. If a force-majeure event materially prevents a paid Service for more than sixty consecutive days, either party may terminate the affected Service on written notice, and SCREENish will refund prepaid unused fees for the terminated period.
SCREENish may update these Terms to reflect changes in law, the Service, security practices, commercial arrangements, or business operations. Material changes will be notified by email, through the Service, or by another reasonable method before they take effect, except where immediate change is required by law or urgent security need.
The updated Terms apply from the stated effective date. If the Customer does not agree to a material change, it must stop using the Service and cancel before the change takes effect. Continued use after that date constitutes acceptance, to the extent permitted by law.
Migration to Version 3.0. For a Customer whose agreement was previously governed by Version 2.0, Version 3.0 becomes binding when it is affirmatively accepted on behalf of that Customer through the Service or by another recorded written or electronic acceptance method. Mere publication of Version 3.0 does not by itself replace Version 2.0 for such a Customer.
Supersession. Upon its valid acceptance by the Customer, this Version 3.0 supersedes all previous versions of the SCREENish Terms applicable between SCREENish and that Customer, including Version 2.0, except to the extent that a separate written agreement expressly preserves a particular provision. SCREENish maintains numbered versions of these Terms and records, per Customer, which version was accepted, when, and by what method.
SCREENish may send operational and legal notices to the email address associated with the Customer's Account, display them in the Service, or publish them on screenish.com where appropriate. The Customer must keep contact details current.
Formal notices to SCREENish under these Terms must be sent to info@screenish.com and, where the notice concerns termination, material breach, indemnity, or litigation, also by tracked post or courier to SCREENish LTD, 2A Angel Kanchev Street, 3rd floor, 4000 Plovdiv, Bulgaria.
Email notices are deemed received on the next business day after sending unless the sender receives a delivery failure. Posted notices are deemed received upon recorded delivery.
These Terms and any non-contractual obligations arising from them are governed by the laws of the Republic of Bulgaria, excluding conflict-of-law rules.
Subject to mandatory law, the competent courts of the Republic of Bulgaria have exclusive jurisdiction over disputes arising out of or related to these Terms or the Service. Either party may seek urgent interim or protective relief in any competent court to protect confidential information, intellectual property, systems, data, or property.
Disputes concerning Customer Personal Data are also subject to the DPA and, where applicable, the Standard Contractual Clauses; the governing-law and forum provisions of those instruments prevail over this section to the extent of any inconsistency. Nothing in these Terms restricts a data subject's rights or remedies under applicable data-protection law, including the right under Article 79 GDPR to proceedings before the courts of the Member State in which the data subject is habitually resident.
Where the Customer is legally a consumer, this section does not deprive the Customer of mandatory protections or courts available under the law of the Customer's habitual residence.
These Terms, the applicable Order, the DPA, and any expressly incorporated policy constitute the entire agreement concerning the Service and replace prior proposals, discussions, and agreements on the same subject. A Customer purchase order applies only for administrative purposes; any additional or conflicting terms in it are rejected unless accepted in writing by SCREENish.
If documents conflict, the following order applies, in each case only to the extent the instrument is applicable: mandatory applicable law; the applicable Standard Contractual Clauses, for the international transfer they govern; a signed negotiated agreement or rider; the applicable Order; the DPA, for the processing of Customer Personal Data; these Terms; and incorporated online policies. A document prevails only for the subject it specifically governs.
The Customer may not assign or transfer the agreement without SCREENish's prior written consent, not to be unreasonably withheld in connection with a genuine merger, reorganisation, or sale of substantially all relevant assets. SCREENish may assign the agreement to an affiliate or in connection with a merger, financing, reorganisation, or sale of business or assets.
SCREENish may use affiliates and contractors to perform the Service. Its use of sub-processors for Customer Personal Data is governed by the DPA.
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency.
Except for persons entitled to rely on an indemnity, rights granted directly by law, and the third-party beneficiary rights that the Standard Contractual Clauses expressly grant to data subjects — which data subjects may enforce in accordance with those Clauses — no third party has a contractual right to enforce these Terms.
A failure or delay to exercise a right is not a waiver. A waiver must be explicit and applies only to the specific circumstance for which it is given.
If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving its purpose, or severed if modification is impossible. The remaining provisions continue in effect.
Headings are for convenience only. "Including" means "including without limitation". References to law include amendments and replacements. Singular includes plural and vice versa where the context permits.
The English version of these Terms is the governing version unless SCREENish expressly states that another language version is legally controlling. A translation may be provided for convenience. Mandatory local-language requirements remain unaffected.
Electronic acceptance, online registration, use of the Service, and electronic records have the same effect as a handwritten signature to the extent permitted by law.
Questions about these Terms may be sent to:
SCREENish LTD
2A Angel Kanchev Street, 3rd floor
4000 Plovdiv
Republic of Bulgaria
Email: info@screenish.com
Website: screenish.com