Evaluation Period Terms

What this document is about

Before any paid engagement begins, Segmentic gives the customer an evaluation period in which to try the service with their own real data and real campaigns. This document says how long that period is, what is open and what is limited inside it, what happens when it ends, and what becomes of the data gathered during it.

This is the English rendering. The Persian version is the authoritative one and governs if the two are ever read differently.

We deliberately write "evaluation period" and not "trial period". The latter is the term used in article 11 of the Labour Act and belongs to the relationship between an employer and an employee. The relationship here is one of services, and borrowing a word from labour law only colours that relationship without gaining anything. What is being assessed in this period is the service, not a person.

There is no self-service sign-up and accounts are created by invitation. So an evaluation period does not begin by itself either; we switch it on for the customer's account.

Article 1How long it runs and when it starts

The length is set per account and written into that customer's invitation or order. It starts on the day the account is activated. The end date is recorded on the subscription and is visible in the panel, and the date the panel shows is the one that counts.

--- Note: an extension is possible but never automatic. We apply it to the subscription and the new date appears in the panel.

Article 2What is open during the evaluation

The version you see during the evaluation is the version a paying customer sees. There is no separate reduced build, because evaluating an incomplete product is not an evaluation. The features are those the plan recorded on the account allows.

Data is held in Iran during the evaluation exactly as it is afterwards. Where data lives does not change when the account becomes paid.

Article 3What is limited during the evaluation

There are three limits and each has a plain reason:

• **A volume ceiling.** Each evaluation account is given a ceiling on the number

of events and the number of sends. Those figures are recorded when the account is created and shown in the panel.

• **The sending channel.** Real sending to recipients is not switched on until

the Messaging Policy has been accepted and the customer's own sending account is connected. That policy applies during the evaluation exactly as it does afterwards, and being an evaluation softens none of its clauses.

• **The service level commitment.** There is no availability or service credit

commitment during the evaluation. Support answers, but response time is not guaranteed. For that reason we advise against putting business-critical load on the system during this period.

Article 4Nothing is charged for this period

No amount is taken for the evaluation itself, no invoice is issued, and no card details are collected. Not collecting payment details is deliberate: the surest way for the end of a period not to result in an unwanted charge is for there to be no instrument to charge with.

--- Note: the cost of a sender ID, SMS credit and any service the customer buys directly from a gateway or an operator is the customer's own, and the evaluation being free has no bearing on it.

Article 5The end of the period, with no automatic conversion

When the end date arrives the account does not convert itself to a paid plan. Continuing requires an explicit act: signing a contract, or the customer confirming an order in writing. Silence, continued use, and a panel that stays open are none of them acceptance.

Changing plan is not self-service and there is no upgrade button. The customer states their decision and applying it to the subscription is our operator's work. We write this down so that nobody waits for a button that does not exist.

If no decision is taken by the end date, sending stops and access to the panel stays open for 30 days so the data can be taken out.

Article 6The data gathered during the evaluation

The data belongs to the customer, during the evaluation as much as afterwards.

If the customer continues, nothing is reset. The same account, the same audiences and the same events carry on, and there is no need to start again.

If they do not continue:

• They have 30 days to take their data out.
• After that, the account's data is deleted within

30 days.

• Opt-outs recorded by recipients during this period are not deleted. If the

customer returns later those opt-outs still stand, because an opt-out is the recipient's right and not a setting on the customer's account.

--- Note: event retention has no default. Until the customer sets a window, events are kept and nothing is purged automatically. Setting that window during the evaluation is the right thing to do.

--- Note: technical logs and traffic data are counted separately and a customer's deletion request does not remove them. The figure we have set in the system today is 180 days. Whether the statutory duty to retain traffic data applies to us exactly is not clear, so we do not declare it as a settled obligation of ours. The detail is in the Data Retention and Deletion Policy and that document governs.

Article 7Ending the period, from either side

The customer may end the period at any time, without a reason and without a penalty. Written notice is enough.

We may also end it early, in these cases: a breach of the Messaging Policy, use that harms the stability of the system or other customers, recipient complaints against the sending line, or a requirement imposed by a competent authority. Except for the first, which may be immediate, these are done with prior notice.

--- Note: because no money has changed hands during this period, ending it early creates no financial claim for either side.

Article 8This period is not a commitment to a later contract

The customer is not committed to buy and we are not committed to sell. Neither side may infer from the evaluation a right to continue or any particular pricing.

Prices, the product roadmap and anything else disclosed to the customer during the evaluation are confidential, and passing them outside, including to competitors, is not permitted.

Article 9The seven-day right of withdrawal does not apply here

Article 2 of the Electronic Commerce Act defines a "consumer" as a person transacting for a purpose other than trade or a professional occupation, and the right of withdrawal of at least seven working days in article 37 of the same Act is written for that person. Our customer acquires the service in the course of its own business and is not a consumer within the meaning of that Act, so that right of withdrawal does not apply.

The evaluation period serves the same function in the form that makes sense for enterprise software: instead of a right to return after buying, a period before buying in which no money moves.

Article 10Changes to this document

Changes to this document are announced at least 60 days before they take effect. A change in terms does not alter evaluation periods already running, and each period stays with the version accepted at its start until it ends.

Contact

Questions about this document: support@segmentic.net

Kargostaran Nasl Javan Bakhtar https://segmentic.net