Legal document

Terms and Conditions for Using the Smarter Facility Platform

Last updated: 27 November 2025

Version: 1.0

These Terms and Conditions (“Terms”) govern the relationship between “K&P Perfection” Ltd. (in Bulgarian: „Кей Анд Пи Пърфекшън“ ООД), UIC/EIK 208102497, with registered address: Blvd. “Iztochen” No. 1, Eastern District, Plovdiv 4000, Bulgaria, email: [email protected] (hereinafter “Provider” or “Smarter Facility”), and any person using the Smarter Facility platform at: https://smarter-facility.com (hereinafter “User” or “Client”).

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue the use of the Platform.

1. Definitions

For the purposes of these Terms:

“Platform” / “Smarter Facility” – the web-based software-as-a-service (SaaS) system provided by the Provider for property management, rental management, billing, communication, and related services.
“User” – any natural or legal person accessing or using the Platform, including Owners, Tenants, Investors, and other professional clients.
“Owner” – a User who owns or manages real estate units via the Platform.
“Tenant” – a User registered as the occupant of a property listed in the Platform.
“Account” / “Profile” – a User profile created by registration in the Platform.
“Agreement” – these Terms together with any specific services and subscription plans selected by the User.
“Paid Services” – subscriptions, licences, administrative fees, platform fees and other paid functionalities as described in the Pricing section.
“Content” – any data, text, images, documents, contracts, messages, or other information uploaded or entered by the User into the Platform.
“Third-party Providers” – payment processors (e.g. Stripe), hosting providers, email and SMS providers, analytics and other partners used by the Provider.

2. Subject and Scope

2.1. These Terms regulate:

access to and use of the Platform;
creation and management of Accounts;
use of free and paid services, subscriptions and licences;
rights, obligations and responsibilities of the Provider and the Users;
rules for suspension and termination of the Agreement.

2.2. The Terms apply to all categories of Users, including:

visitors of the public website;
registered Users with free or paid access;
business customers and professional clients.

2.3. The Provider may apply additional specific terms for certain services or integrations, which will be communicated in an appropriate manner.

3. Registration and Account

3.1. To use the main functionalities of the Platform, the User must register and create an Account. The User agrees to provide accurate, complete and up-to-date information.

3.2. The User:

is responsible for the confidentiality of their login credentials;
is responsible for all actions performed through their Account;
must immediately notify the Provider in case of suspected unauthorised access.

3.3. The Provider may refuse registration or restrict access to an Account if:

the User provides false or misleading data;
the User violates these Terms or applicable law;
the User endangers the security or normal operation of the Platform.

3.4. By registering, the User confirms that they have the necessary legal capacity and, where acting on behalf of a legal entity, the appropriate authorisation, and that they accept these Terms.

4. Description of the Platform and Services

4.1. The Smarter Facility Platform provides, among others, the following functionalities:

creation and management of rental agreements and annexes;
management of properties, units and assets;
tracking rents, fees, instalments and due dates;
generation of invoices, receipts and other documents;
notifications and reminders regarding payments and key events;
communication between Owners and Tenants;
subscription and licence management;
integration with payment service providers (e.g. Stripe);
recording of expenses, damages, assets and other property-related information.

4.2. The Provider does not participate in:

negotiations between Users;
the legal relationship under rental agreements between Owners and Tenants;
the actual transfer of funds between Owner and Tenant beyond what is facilitated by integrated payment methods.

4.3. The Provider may modify, improve or extend the Platform. Such modifications do not constitute a change in the Agreement, as long as they do not affect essential User rights.

5. Access to the Platform

5.1. Access to the Platform is provided on an “as is” and “as available” basis. The Provider does not guarantee that the Platform will be uninterrupted or free of errors.

5.2. Temporary interruptions may occur, including but not limited to:

planned or emergency maintenance;
internet connectivity problems;
circumstances beyond the Provider’s reasonable control.

5.3. The Provider will make reasonable efforts to remedy technical issues in a timely manner.

6. User Obligations and Acceptable Use

6.1. The User agrees to use the Platform in good faith and in accordance with:

these Terms;
applicable legislation;
generally accepted moral and commercial practices.

6.2. The User must not:

upload illegal, offensive, defamatory or discriminatory content;
distribute viruses, malicious code or other technologies that may harm the Platform;
attempt unauthorised access to other Users’ accounts, systems or data;
bypass technical or organisational security measures;
perform reverse engineering, copying or modification of the Platform’s software.

6.3. The User is responsible for the lawfulness, completeness and accuracy of the data they enter into the Platform.

7. User Content

7.1. All Content uploaded or generated by the User in the Platform is the sole responsibility of the User.

7.2. The User warrants that:

they have all necessary rights to upload the Content;
the Content does not infringe any rights of third parties or applicable law;
the Content does not contain personal data in violation of applicable data protection rules.

7.3. The User grants the Provider a non-exclusive, royalty-free licence to process, store and reproduce such Content only as necessary for the functioning of the Platform.

7.4. The Provider may remove Content that:

violates these Terms or the law;
is requested to be removed by a competent authority.

8. Intellectual Property Rights

8.1. All intellectual property rights in the Platform, including the software, design, databases, brand names and trademarks, are owned by the Provider or used under a valid legal basis.

8.2. The User is granted a limited, revocable, non-transferable right to use the Platform solely for its intended functional purposes.

The User may not:

copy, modify, distribute or create derivative works based on the Platform;
use the Provider’s trademarks without prior written consent.

9. Free and Paid Services. Prices

9.1. The Platform may offer both free and paid services (subscriptions, licences, administrative fees, transaction fees and others).

9.2. Up-to-date information about prices and plans is published at:

9.3. The Provider may change prices and fees, publishing updated information and, where necessary, notifying Users in advance.

10. Subscriptions, Billing and Payments

10.1. Subscription plans may be monthly, six-monthly, annual or other durations specified by the Provider.

10.2. Before confirming payment, the User will see the final price, including all applicable fees and VAT.

10.3. Payments are processed via integrated payment service providers (e.g. Stripe), under their respective terms and policies.

10.4. After successful payment, the Platform issues an electronic confirmation and/or invoice containing:

date and time of the transaction;
transaction identifier;
breakdown of amounts;
details of the payer and the recipient.

10.5. Subscription plans may include automatic renewal according to the chosen plan. The User can disable auto-renewal through their Account.

11. Platform Fees and Administrative Fees

11.1. The Provider may charge subscription, administrative, transaction and other fees, which are clearly described in the relevant sections of the Platform and/or the checkout interface.

11.2. Payment processor fees (e.g. Stripe) may be charged separately or included in the final price, where indicated.

11.3. The refund policy applies in accordance with applicable law and any specific conditions explicitly stated in the Platform.

11.4. The Platform Fee, charged on each rental instalment or other applicable transaction, is calculated as a percentage specified in the active pricing plan, but in any event not less than 1.50 BGN or its equivalent in EUR. Where the calculated amount of the fee is lower than this minimum threshold, the minimum fee shall apply.

12. Formation of the Agreement

The Agreement between the User and the Provider is considered concluded when:

the User registers in the Platform and accepts these Terms; or
the User uses the Platform, including without registration, to the extent such use is possible.

12.2. The Agreement is concluded in electronic form and has the effect of a written contract.

13. Pre-contractual Information

13.1. Before making a payment, the User receives clear information about the type of service, duration, final price including VAT and fees, as well as information about the right of withdrawal (if applicable).

14. Right of Withdrawal (Consumers Only)

14.1. Where the User is a consumer (natural person acting outside a business activity), they may have a right to withdraw from the contract within 14 days in accordance with applicable law, except in cases where the service has been fully performed with their explicit consent.

14.2. To exercise the right of withdrawal, the User may use the standard withdrawal form (Annex 1) or send a clear statement to: [email protected].

15. Communication and Notifications

15.1. Communication between the Provider and the User is carried out mainly via:

email;
notifications within the Platform;
other electronic means, where applicable.

15.2. The User agrees to receive service messages related to the operation of the Platform, payments and changes to these Terms.

16. Electronic Statements and Evidence

16.1. Log files and electronic records generated by the Provider’s systems may be used as evidence of actions performed through the User’s Account.

17. Changes to the Terms

17.1. The Provider may update these Terms to reflect changes in legislation, services or other circumstances.

17.2. In the event of material changes, Users will be notified in an appropriate way, including via the Platform or by email.

17.3. The updated Terms are published on the website and become effective from the date specified therein. Continued use of the Platform after that date constitutes acceptance of the new Terms.

18. Personal Data Processing

18.1. The Provider processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), national data protection law, and the Smarter Facility Privacy Policy.

18.2. Detailed information on categories of data, purposes, retention periods, and data subject rights is provided in the Privacy Policy available at: https://smarter-facility.com/en/privacy .

19. Data Subject Rights

19.1. Data subjects have rights under GDPR, including:

right of access to their personal data;
right to rectification;
right to erasure (“right to be forgotten”), where legal grounds exist;
right to restriction of processing;
right to data portability;
right to object to certain types of processing;
right to withdraw consent where processing is based on consent.

19.2. Users may exercise their rights by contacting the Provider at: [email protected].

19.3. The competent supervisory authority for personal data in the Republic of Bulgaria is the Commission for Personal Data Protection (CPDP).

20. Processors and Third Parties

20.1. The Provider may use external service providers (processors) that supply hosting, payment, email, analytics and other services necessary for the operation of the Platform.

20.2. Contracts are concluded with such processors to ensure adequate data protection standards in line with GDPR requirements.

21. Data Retention

21.1. Personal data is stored for periods specified in the Privacy Policy and/or as necessary to fulfil legal obligations (e.g. accounting and tax requirements).

22. Security Measures

22.1. The Provider applies appropriate technical and organisational measures to protect personal data and information in the Platform.

23. Cookies

23.1. The Platform uses cookies and similar technologies to ensure functionality, enhance user experience and for analytical purposes.

23.2. Detailed information about types of cookies, purposes and how to manage them is available in the Privacy Policy at: https://smarter-facility.com/en/privacy .

24. Privacy Policy

24.1. The Smarter Facility Privacy Policy forms an integral part of these Terms and is published at: https://smarter-facility.com/en/privacy .

25. Temporary Restriction and Suspension of Access

25.1. The Provider may restrict or suspend a User’s access to the Platform in cases of:

breach of these Terms;
use of the Platform for unlawful or abusive purposes;
non-payment of due amounts;
other cases where this is necessary to protect the Platform or third parties.

26. Termination of the Agreement

26.1. The User may terminate their use of the Platform at any time by closing their Account or by sending a written notice to the Provider.

26.2. The Provider may terminate the Agreement with a User in the event of:

material violation of these Terms;
persistent delay or non-payment of fees;
a request by a competent authority;
other grounds stipulated in applicable law.

27. Provider’s Liability

27.1. The Platform is provided on an “as is” and “as available” basis. The Provider does not warrant that the Platform will operate without errors, interruptions or delays.

27.2. The Provider is not liable for:

direct or indirect damages, loss of profits or data arising from the use or inability to use the Platform;
the content of data and documents entered by Users;
relationships between Owners and Tenants, including rental payments;
issues related to external service providers (hosting, payment processors, etc.) beyond the Provider’s reasonable control.

28. Limitation of Liability

28.1. In all cases where the Provider may be held liable, the maximum liability shall be limited to the total amount paid by the relevant User for the last 12 months prior to the occurrence of the event giving rise to the liability.

28.2. If the User has not paid any amounts during this period, the Provider’s maximum liability is limited to 50 (fifty) EUR.

29. User’s Liability

29.1. The User is fully responsible for:

the Content they upload and process in the Platform;
the lawfulness of the entered data and documents;
any damages caused to the Provider or third parties through improper use of the Platform.

30. Disclaimer of Warranties

30.1. To the extent permitted by law, the Provider excludes any express or implied warranties, including but not limited to fitness for a particular purpose, merchantability, or non-infringement of rights.

31. Force Majeure

31.1. The parties shall not be liable for failure to perform their obligations due to force majeure events such as natural disasters, war, strikes, epidemics, acts of public authorities or other events beyond their reasonable control.

32. Provider Identification

The Smarter Facility Platform is provided by:

“K&P Perfection” Ltd.
(in Bulgarian: „Кей Анд Пи Пърфекшън“ ООД)
UIC/EIK: 208102497
Registered address: Blvd. “Iztochen” No. 1, Eastern District, Plovdiv 4000, Bulgaria
Email: [email protected]

33. Complaints and Support

33.1. Users may submit questions, signals and complaints at: [email protected].

34. Governing Law

34.1. These Terms and any disputes arising out of or in connection with them shall be governed by the laws of the Republic of Bulgaria.

35. Disputes

35.1. The parties will endeavour to resolve any disputes amicably.

35.2. If an amicable resolution is not possible, the competent court to hear the dispute shall be the Plovdiv District Court, unless mandatory provisions prescribe otherwise.

36. Final Provisions

36.1. If any provision of these Terms is held invalid, this shall not affect the validity of the remaining provisions.

36.2. The failure of the Provider to exercise a right shall not constitute a waiver of that right.

37. Entry into Force

37.1. These Terms enter into force on 27 November 2025 and remain applicable until replaced by a new version.

Annex 1 – Standard Withdrawal Form (Example)

To: “K&P Perfection” Ltd.
Address: Blvd. “Iztochen” No. 1, Eastern District, Plovdiv 4000, Bulgaria
Email: [email protected]

I hereby notify you that I withdraw from the contract for the provision
of services via the Smarter Facility Platform.

Date of conclusion of the contract: _______________

Name of consumer: ________________________________
Address of consumer: _____________________________
Email used for registration: _____________________

Date: _______________

Signature (if submitted on paper): _______________