Website Terms of Use

1.1. These Website Terms of Use (hereinafter referred to as the "Terms") govern the procedure for access to and use of the SmartKartica website, located at https://smartkartica.rs/, https://ru.smartkartica.rs/, https://en.smartkartica.rs/, https://sr.smartkartica.rs/ and all related subdomains (hereinafter referred to as the "Website").

1.2. The Website Administrator is VMTech DOO Beograd (hereinafter referred to as the "Administration", "Company"), a limited liability company registered in the Republic of Serbia:

• Full legal name: VMTech DOO Beograd
• Registration number (Matični broj): 22069152
• Tax identification number (PIB): 114779614
• Legal address: 11050, Serbia, Belgrade, Topalovićeva 4

1.3. Use of the Website by any person constitutes full and unconditional acceptance of these Terms.

1.4. If you do not agree with any provision of these Terms, you must immediately cease using the Website.

1.5. These Terms constitute a legally binding agreement between the User and the Administration.

2.1. The following terms are used in these Terms:

• Website — the SmartKartica website, including all pages, subdomains, mobile versions, and related resources;
• User — any natural or legal person visiting or using the Website;
• Administration — VMTech DOO Beograd, the owner and operator of the Website;
• Service — services for creating and managing digital loyalty cards provided through the Website;
• Content — any information posted on the Website, including texts, images, videos, software;
• Account — a User's personal account on the Website;
• Personal Data — any information relating to an identified or identifiable natural person.

3.1. The Website provides information about the Service for creating and managing digital loyalty cards for businesses.

3.2. Through the Website, Users can:

• Learn about the Company's service descriptions;
• Register to use the Service;
• Access their personal dashboard;
• Manage created loyalty cards;
• Receive technical support;
• Make payments for services.

3.3. The Administration reserves the right to modify the Website's functionality without prior notice.

4.1. User Rights:

• Obtain information about the Service;
• Create an Account to access extended features;
• Use the Service in accordance with these Terms;
• Contact customer support;
• Request protection of personal data.

4.2. User Obligations:

• Comply with these Terms and applicable legislation;
• Provide accurate information during registration;
• Ensure confidentiality of Account access credentials;
• Notify the Administration of unauthorised access to the Account;
• Not use the Website for unlawful activities;
• Not infringe intellectual property rights;
• Not take actions that could disrupt the Website's operation;
• Pay for provided services in a timely manner according to the selected plan.

5.1. Administration Rights:

• Modify the content and functionality of the Website;
• Restrict or terminate Users' access to the Website;
• Remove Content that violates these Terms;
• Request additional information from Users;
• Suspend Website operations for maintenance;
• Establish and modify service tariffs;
• Transfer rights and obligations under these Terms to third parties.

5.2. Administration Obligations:

• Ensure the Website functions in accordance with its intended purpose;
• Take reasonable measures to protect personal data;
• Notify of substantial changes to the Terms;
• Provide technical support within the selected plan;
• Comply with applicable legislation requirements.

6.1. When using the Website, Users are prohibited from:

• Uploading, posting, or transmitting malicious software;
• Attempting unauthorised access to the Website or its components;
• Using automated access tools without written permission;
• Creating false Accounts or impersonating another person;
• Distributing spam, phishing materials, or fraudulent content;
• Infringing intellectual property rights;
• Collecting data from other Users without consent;
• Using the Website for purposes contrary to legislation;
• Posting content containing extremist, pornographic, or discriminatory materials.

6.2. In case of violation of these restrictions, the Administration has the right to immediately block the User's access to the Website without prior notice.

7.1. All intellectual property rights to the Website, including design, software, texts, images, trademarks, belong to the Administration or are used with the permission of rights holders.

7.2. The User is granted a limited, non-exclusive, revocable licence to use the Website exclusively for personal or commercial purposes within the scope of the provided Service.

7.3. The User has no right to:

• Copy, modify, distribute, or create derivative works;
• Decompile, disassemble, or study source code;
• Remove copyright notices;
• Use the Administration's trademarks without written permission.

7.4. Violation of intellectual property rights entails liability in accordance with applicable legislation.

8.1. The Website is provided on an "as is" basis without any warranties.

8.2. The Administration does not guarantee:

• Uninterrupted operation of the Website;
• Absence of software errors;
• Complete protection from cyber attacks;
• Compliance of the Service with User's specific needs.

8.3. The Administration is not liable for:

• Direct, indirect, incidental, or special damages;
• Lost profits;
• Loss of data or information;
• Actions of third parties;
• Technical failures beyond the Administration's control.

8.4. The Administration's maximum liability is limited to the amount paid by the User for the Service in the last 12 months.

8.5. The User bears full responsibility for violating these Terms and shall compensate the Administration for all related losses.

9.1. Personal data processing is carried out in accordance with the Privacy Policy, which constitutes an integral part of these Terms.

9.2. By using the Website, the User consents to personal data processing in accordance with GDPR requirements and the legislation of the Republic of Serbia.

9.3. The Administration takes technical and organisational measures to protect personal data.

9.4. The User has the right to access, correct, delete, and port personal data.

10.1. The legislation of the Republic of Serbia applies to these Terms.

10.2. All disputes arising in connection with the use of the Website shall be resolved through negotiations.

10.3. If pre-trial settlement is impossible, disputes shall be considered by competent courts of the Republic of Serbia.

10.4. For users from EU countries, relevant European law provisions regarding consumer rights protection also apply.

11.1. The Administration reserves the right to amend these Terms unilaterally.

11.2. Notice of changes is posted on the Website at least 30 days before taking effect.

11.3. Substantial changes are sent to registered Users by email.

11.4. Continued use of the Website after amendments constitutes acceptance of the new version of the Terms.

12.1. These Terms take effect from the moment they are posted on the Website.

12.2. If any provision of the Terms is deemed invalid, the remaining provisions remain in force.

12.3. The Administration's inaction in case of User violation of the Terms does not waive the right to demand compliance in the future.

12.4. All notifications are sent to addresses specified during registration or published on the Website.

12.5. For matters related to these Terms, please contact:

• Email: legal@smartkartica.rs
• Postal address: VMTech DOO Beograd, Topalovićeva 4, 11050 Belgrade, Serbia