Medius terms of service

These terms govern the use of Medius, a communication workspace for businesses, provided by DALMOS SYSTEMS, obrt za informatičke usluge, vl. Noa Matas, Šibenik, Ulica Sedmog kontinenta 1 (MBO 99393786) ("Dalmos Systems", "we"). They apply to the business customers that use Medius ("the customer") and to the people the customer allows to use it ("users"). Medius is offered only to businesses, not to consumers.

1. Agreement and order of precedence

The customer accepts these terms by signing an order form or another agreement that refers to them, or by using Medius. The agreement consists of the order form or agreement, the data processing agreement (section 6) and these terms.

If the customer and Dalmos Systems have signed a separate written agreement, that agreement prevails over these terms wherever they differ.

2. The service

Medius lets the customer’s staff receive, route and answer e-mail, website chat, WhatsApp, Facebook Messenger, Instagram and telephone conversations in one place, and connects to the customer’s own systems, such as its mailboxes and its Microsoft Dataverse or Dynamics 365 environment.

The features, limits (for example the number of mailboxes, users and storage) and optional services available to a customer are those stated in its order form or agreement. We develop Medius continuously and may change, add or remove features; we inform customers in advance of changes that substantially reduce a function they use.

3. Accounts and access

Users sign in with their organisation’s Microsoft Entra ID account. The customer decides who has access and with which role, keeps its accounts secure, and is responsible for what is done under its users’ accounts. The customer tells us without delay if it suspects unauthorised access.

4. The customer’s own accounts and services

Medius connects to services that the customer chooses and contracts for itself: its e-mail provider (for example Microsoft 365, Google Workspace or another IMAP and SMTP provider), Meta for WhatsApp, Facebook Messenger and Instagram, other messaging providers, its telephone system and carrier, and its Microsoft Dataverse or Dynamics 365 environment with the Microsoft licences it needs.

The customer is responsible for having these accounts and licences, for complying with their terms and policies (including Meta’s and WhatsApp’s business policies), and for the fees those providers charge, such as Meta’s charges for WhatsApp messages. Medius depends on these services; we are not responsible for their availability, their changes or their charges.

5. Lawful use and the customer’s compliance

The customer uses Medius lawfully and is responsible for the content its users send through it. Medius must not be used to send spam or unlawful, misleading or harmful content, to attack or overload Medius or other systems, or to circumvent its security or usage limits.

The customer is responsible in particular for: having a legal basis for processing the personal data of the people it communicates with, and informing them; deciding whether to record calls, announcing recordings and obtaining consent where the law requires it; complying with the rules on direct marketing and call campaigns, including consent, the Croatian "Ne zovi" register and its own do-not-call list; and the retention periods that apply to it by law, which it can set in Medius.

6. Data protection

For the personal data that Medius processes on the customer’s behalf, the customer is the controller and Dalmos Systems is the processor. Dalmos Systems processes that data only on the customer’s documented instructions and under a data processing agreement in accordance with Article 28 GDPR, which the parties sign together with the order form and which forms part of the agreement.

Under it, Dalmos Systems in particular: keeps the data confidential and obliges the people who access it to confidentiality; protects it with appropriate technical and organisational measures; uses sub-processors only as described in the Medius privacy policy and informs the customer in advance of new ones, to which the customer may object; helps the customer to answer requests from individuals and to meet its other obligations; informs the customer without undue delay of a personal data breach; and deletes the data at the end of the service as described in section 11.

How Medius processes personal data, where it is stored and how long it is kept is described in the Medius privacy policy; how individuals can request deletion is described on the Medius data deletion page (links below).

7. Availability and support

We provide Medius with reasonable care and skill and make reasonable efforts to keep it available. We do not guarantee uninterrupted or error-free operation: Medius may be unavailable during maintenance and updates, or when services it depends on are disrupted, such as Microsoft Azure, Cloudflare, Meta or the customer’s own providers.

Specific availability or support levels apply only if they are agreed in a separate written agreement (service level agreement). Support is provided by e-mail at hello@dalmossystems.com.

8. Fees and payment

Fees, the billing period and the term are set out in the customer’s order form or agreement. We invoice in euros, and invoices are payable within the period stated on them. We may change fees for a following term with at least 30 days’ notice. Fees for third-party services (section 4) are paid by the customer directly to those providers.

9. Suspension

We may suspend access to Medius, in whole or in part, if an invoice remains unpaid 14 days after a reminder, if the customer’s use breaches these terms or the law, or if it endangers the security or operation of Medius or of other customers. Where possible we give notice before suspending, and we restore access once the reason has been removed. Suspension does not delete the customer’s data.

10. Term and termination

The agreement runs for the term stated in the order form or agreement. Either party may terminate it with the notice stated there or, if none is stated, with 30 days’ written notice to the end of a billing period. Either party may terminate with immediate effect if the other party materially breaches the agreement and does not remedy the breach within 14 days of written notice.

11. End of the service: return and deletion of data

When the agreement ends, the customer’s access ends. The customer’s data is then kept for a notice period of 30 days, unless agreed otherwise, during which the customer can ask us to cancel the termination or to help with reasonable requests to hand over its data. After that period all of the customer’s data is deleted from Medius, and backup copies expire as described in the Medius privacy policy.

Data that Medius read from or wrote into the customer’s own systems, such as its mailboxes and its CRM, stays there under the customer’s control.

12. Intellectual property and licence

Medius, its software, design and documentation belong to Dalmos Systems or its licensors. For the term of the agreement we grant the customer a non-exclusive, non-transferable right to use Medius for its own business purposes through its users. The customer may not copy, modify, resell or reverse-engineer Medius, except where the law expressly allows it.

The customer keeps all rights to its data and content and grants us the right to process them only to provide the service. We may use suggestions the customer gives us to improve Medius.

13. Confidentiality

Each party keeps the other party’s confidential information confidential and uses it only to perform the agreement, during the agreement and for five years after it ends. This does not apply to information that is public, that the receiving party already knew, or that must be disclosed by law. Customer data is also protected as described in section 6, without time limit.

14. Liability

Each party is liable without limitation for damage it causes intentionally or through gross negligence, and wherever the law does not allow liability to be limited.

Otherwise, to the extent Croatian law allows: neither party is liable for indirect or consequential damage, such as lost profit, lost revenue or loss of business; and the total liability of Dalmos Systems for all claims under the agreement is limited to the fees the customer paid for Medius in the 12 months before the event giving rise to the claim. Dalmos Systems is not liable for failures of third-party services (section 4) or for events beyond its reasonable control.

The customer is responsible towards Dalmos Systems for damage caused by unlawful content sent through its accounts or by a breach of section 5.

15. Changes to these terms

We may change these terms. We publish the new version on this page with its effective date and inform customers by e-mail at least 30 days before a material change takes effect; a customer that does not agree may terminate the agreement before then. Changes required by law may take effect sooner.

16. Governing law and disputes

These terms and the agreement are governed by the law of the Republic of Croatia. The parties will first try to resolve disputes amicably; otherwise the competent court in Šibenik has jurisdiction.

17. Contact

Dalmos Systems: hello@dalmossystems.com, or by post to Ulica Sedmog kontinenta 1, 22000 Šibenik, Croatia.