Subscription Agreement
Version 02 –16.02.2026
By subscribing to the Fixpoint ERP services (the "Services"), used through a selected plan (the "Instance"), provided by Fixpoint BG Ltd., hosted on the Fixpoint Cloud platforms (the "Cloud Platform"), you (the "Customer") agree to be bound by the following terms and conditions (the "Agreement").
1. Term of the Agreement
The duration of this Agreement (the "Term") shall be 12 (twelve) months, beginning on the date of its conclusion. It shall be automatically renewed for the same term unless either party provides the other party with a written notice of termination at least 30 days prior to the end of the term.
2. Definitions
User: Any user account indicated as active in the Instance, with access to create and/or edit mode. Deactivated user accounts and accounts used by external persons (or systems) who have limited access to the Instance only through portal tools (known as "portal users") are not counted as Users.
Application: An "Application" is a specialized group of functions available for installation in the Instance.
Fixpoint Partner: A Fixpoint Partner is a company or individual chosen by the Customer to work with the Customer for their Fixpoint-related services.
Extra Module: An Extra Module is a directory of source code files or a set of Python-based customizations created in a database that add functions or change the standard behavior of the Instance. It may be developed by Fixpoint, by a Fixpoint Partner on behalf of the Customer, or by third parties.
Covered Extra Module: A Covered Extra Module is an Extra Module for which the Customer chooses to pay a maintenance fee to receive support, upgrade, and bug-fixing services.
STAGING ENVIRONMENT: A localized software and hardware copy of the Production Environment that is identical or as close as possible in configuration, functionality, and database. This environment serves for the deployment, simulation, and verification of new functionalities, modules, system settings, and integrations before they are transferred to the Production Environment.
Bug: A Bug is considered any failure of the Instance or a Covered Extra Module that results in a complete stop, error trace, or security breach and is not directly caused by faulty installation or configuration. Non-compliance with specifications or requirements shall be considered a Bug at Fixpoint's discretion (typically when the Instance does not produce the results for which it was designed, or when a country-specific function no longer meets legal accounting and fiscal requirements).
Covered Versions: Unless otherwise stated, the Services provided under this Agreement are applicable only to the current version of the Instance.
Subscription Plan: The Subscription Plan defines a set of Applications, features, and hosting solutions covered by this Agreement and is specified in writing at the conclusion of this Agreement.
3. Access to the Instance
The Customer may use the Instance hosted on the Cloud Services Platform. The Cloud Platform is fully hosted and managed by Fixpoint, and the Customer accesses it remotely. For the duration of this Agreement, Fixpoint grants the Customer a non-exclusive, non-transferable license to use (execute, modify, execute after modification) the Fixpoint Instance.
The Customer agrees to take all necessary measures to ensure the unmodified execution of the part of the Instance that verifies the validity of the Fixpoint ERP usage and collects statistical data for this purpose. Fixpoint undertakes not to disclose individual or named data to third parties without the Customer's consent and to handle all collected data in accordance with its official privacy policy.
Upon expiration or termination of this Agreement, this license is immediately revoked. If the Customer breaches the terms of this section, they agree to pay Fixpoint an additional fee equal to 300% of the value of the currently used Instance.
4. Services
4.1 Bug Fixing Service
For the term of this Agreement, Fixpoint undertakes to make all reasonable efforts to fix any Bug in the Instance and Covered Extra Modules submitted by the Customer and to begin processing such requests within 2 working days. Both parties acknowledge that Fixpoint cannot be held liable for bugs in the Instance.
4.2 Security Updates Service
Fixpoint undertakes to apply the security fixes for any security bug found in a version of the Instance hosted on the Cloud Platform, without requiring manual action by the Customer.
4.3 Upgrade Services
The Customer may submit upgrade requests to convert an Instance database. The Customer is responsible for verifying and validating the upgraded database within the Staging Environment to detect errors and analyze the impact of changes and new features.
4.4 Cloud Hosting Services
For the duration of this Agreement, Fixpoint undertakes to provide a quality hosting service.
4.5 Support Services
The Customer may open an unlimited number of support tickets exclusively for questions regarding Bugs or guidance regarding the use of the standard functions of the Instance. Other requests, such as development or customization questions, may be covered by additional agreement.
5. Fees and Payments
5.1 Standard Fees
Standard fees are based on the selected subscription plan (Fixpoint Start, PRO, or EXPERT) and are specified in writing as an Annex (Offer). If the number of Users exceeds the plan, the Customer agrees to pay an additional fee according to the current list price.
5.2 Renewal Fees
Upon renewal, the fees will increase to the value of the new list price if it is higher than the previous one.
5.3 Taxes and Charges
All agreed fees and charges are net and do not include VAT. VAT shall be charged on all due amounts according to the effective provisions of the VAT Act in the Republic of Bulgaria. The Provider guarantees that the Instance is configured in accordance with the Bulgarian fiscal localization (VAT ledgers, invoicing, and reporting).
6. Terms of Service
6.1 Customer Obligations
The Customer undertakes to pay the fees on time, notify Fixpoint of changes in the number of users, and ensure the security of their accounts.
6.2 Publicity
Each party grants the other a non-transferable, non-exclusive, royalty-free license to reproduce and display the name and logo of the other party solely for the purpose of referring to the other party as a customer or supplier.
6.3 Confidentiality
The parties undertake to keep secret any "confidential information" related to the business, products, and trade secrets of the other party.
6.4 Data Protection
Personal data in the Customer's database shall be processed by Fixpoint in accordance with Regulation (EU) 2016/679 (GDPR) only upon instructions from the Customer and for the purposes of the Agreement.
6.5 Termination
In the event of a breach not remedied within 30 days of written notice, the Agreement may be terminated. Fixpoint may terminate the Agreement immediately if the Customer fails to pay fees within 10 days after the due date.
7. Warranties, Disclaimer, Liability
7.1 Warranties
Fixpoint owns the copyright or equivalent rights to 100% of the Instance code and undertakes to perform the Services in accordance with generally accepted industry standards.
7.2 Disclaimer
Neither party makes any warranties of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose, except as expressly provided herein.
7.3 Limitation of Liability
To the maximum extent permitted by law, the total liability of either party shall not exceed 10% of the total amount paid by the Customer during the 12 months immediately preceding the date of the event giving rise to such claim.
7.4 Force Majeure
Neither party shall be liable for delay or failure in performance caused by force majeure (war, fire, epidemic, etc.).
8. General Provisions
8.1 Applicable Law and Jurisdiction
This Agreement shall be governed by Bulgarian law. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent court in Sofia, Bulgaria.
8.2 Severability
If any provision is found to be invalid, it shall not affect the validity of the remaining provisions of the Agreement.