User Agreement

1.1. This User Agreement (hereinafter referred to as the "Agreement") is a public offer and defines the terms and conditions for providing services through 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 "Service").

1.2. The Agreement is a legally binding contract between the User and the Company.

1.3. Acceptance of this Agreement occurs when the User performs any of the following actions:

• Registration on the Website;
• Beginning use of the Service;
• Payment for any services;
• Clicking the "I accept the terms" button or similar.

1.4. If you do not agree with any terms of this Agreement, you have no right to use the Service.

1.5. The Agreement is governed by the laws of the Republic of Serbia, taking into account European Union consumer protection law provisions.

2.1. Service Provider:

2.2. Customer (User):

A natural or legal person who has accepted the terms of this Agreement by performing acceptance.

2.3. The parties have equal rights and bear obligations in accordance with this Agreement and applicable legislation.

3.1. The subject matter of this Agreement is the provision by the Service Provider to the Customer of paid services for creating, configuring, and managing digital loyalty cards (hereinafter referred to as "Services").

3.2. Services are provided through a software and hardware complex — the SmartKartica web platform, accessible via the Internet.

3.3. The Service Provider grants the Customer a non-exclusive right to use the Service in accordance with the selected pricing plan.

3.4. A detailed description of functionality and limitations for each pricing plan is posted on the Service's official website.

3.5. The Service Provider reserves the right to change the Service functionality, having notified the Customer at least 30 days in advance.

4.1. To gain access to extended Service features, the Customer must undergo a registration procedure.

4.2. During registration, the Customer undertakes to:

• Provide accurate and complete information about themselves;
• Keep the provided data up to date;
• Ensure confidentiality of login and password;
• Immediately notify of any cases of unauthorised access.

4.3. The Customer bears full responsibility for all actions performed under their account.

4.4. The Service Provider has the right to:

• Refuse registration without explaining reasons;
• Request additional documents for verification;
• Block the account for violating Agreement terms;
• Delete inactive accounts after 365 days of inactivity.

4.5. One Customer may have only one account, unless otherwise agreed with the Service Provider.

5.1. Within the Service, the Service Provider provides the following main services:

5.2. The specific list of available functions depends on the selected pricing plan.

5.3. The Service Provider provides technical support in accordance with the selected plan and service regulations.

6.1. The Customer has the right to:

• Use the Service in accordance with the selected pricing plan;
• Receive technical support within the SLA framework;
• Require confidentiality of personal data;
• Receive notifications about Service changes;
• Export data when terminating Service use;
• Change the pricing plan according to Service procedures;
• Submit complaints and suggestions.

6.2. The Customer undertakes to:

• Pay for services timely according to the selected plan;
• Provide accurate information during registration;
• Comply with the terms of this Agreement;
• Not violate third party rights when using the Service;
• Not use the Service for illegal purposes;
• Ensure security of access to their account;
• Report any technical problems;
• Comply with applicable legislation requirements;
• Not take actions that disrupt Service operation.

6.3. Customer Responsibility:

The Customer bears full responsibility for compliance with legal requirements when using the Service, including obligations for tax accounting, protection of customer personal data, and compliance with consumer rights.

7.1. The Service Provider has the right to:

• Change Service functionality with advance notice;
• Set and change service tariffs;
• Suspend service provision for Agreement violations;
• Restrict access to the Service during technical work;
• Request additional information from the Customer;
• Remove content violating Agreement terms;
• Transfer obligations to third parties with notification;
• Use anonymised data to improve the Service.

7.2. The Service Provider undertakes to:

• Provide services according to stated characteristics;
• Ensure Service operation with uptime of at least 99.5%;
• Take measures to protect Customer data;
• Provide technical support within SLA framework;
• Notify about scheduled technical work 24 hours in advance;
• Ensure data backup;
• Comply with personal data protection requirements;
• Not disclose Customer confidential information.

7.3. Service Level Agreement (SLA):

8.1. The cost of services is determined according to current tariffs posted on the Service's official website.

8.2. Payment for services is made:

• For monthly plans — monthly, in advance;
• For annual plans — annually, in advance;
• According to prepaid model for one-time services.

8.3. The following payment methods are accepted:

8.4. All prices are stated including applicable taxes.

8.5. If payment is overdue by more than 7 days, the Service Provider has the right to suspend service provision until debt settlement.

8.6. The Service Provider has the right to change tariffs with 30 days' notice to the Customer. Changes do not apply to already paid periods.

9.1. Service Provider Liability Limitation:

• The Service is provided "as is" without additional warranties;
• The Service Provider does not guarantee uninterrupted Service operation;
• The Service Provider is not liable for losses caused by third party actions;
• Maximum liability is limited to the amount paid in the last 12 months;
• The Service Provider is not responsible for lost profits and indirect losses.

9.2. Customer Liability:

• The Customer bears full responsibility for violating Agreement terms;
• The Customer compensates for losses caused by improper Service use;
• The Customer is responsible for actions of their employees;
• The Customer must reimburse legal defence costs for violations.

9.3. Force majeure circumstances:

Parties are released from liability when obligations cannot be fulfilled due to force majeure circumstances (natural disasters, military actions, man-made disasters, government actions, cyber attacks).

9.4. SLA breach compensation:

10.1. Parties undertake to maintain confidentiality of received information and not disclose it to third parties without written consent.

10.2. Confidential information includes:

• Personal data and contact information;
• Commercial data and sales statistics;
• Technical information about Service settings;
• Customer data and their purchasing behaviour;
• Financial information and payment data.

10.3. Personal data processing is carried out in accordance with the Privacy Policy and GDPR requirements.

10.4. The Service Provider has the right to use anonymised aggregated data to improve the Service and for research purposes.

10.5. Upon Agreement termination, parties undertake to return or destroy confidential information.

11.1. All intellectual property rights to the Service belong to the Service Provider or are used under licence.

11.2. The Customer is granted a limited, non-exclusive, revocable licence to use the Service.

11.3. The Customer is prohibited from:

• Copying, modifying, or creating derivative works;
• Decompiling, disassembling software;
• Selling, leasing, or transferring usage rights;
• Removing copyright notices;
• Using trademarks without permission.

11.4. Rights to content created by the Customer (logos, texts, images) belong to the Customer.

11.5. The Customer grants the Service Provider a licence to use their content for service provision.

11.6. Violation of intellectual property rights is grounds for immediate Agreement termination.

12.1. When using the Service, the Customer is strictly prohibited from:

12.2. Upon discovering violations, the Service Provider has the right to:

• Issue a warning;
• Temporarily restrict functionality;
• Block the account;
• Terminate service provision;
• Report information to law enforcement agencies.

12.3. The Customer undertakes to compensate for damage caused by violating restrictions.

13.1. The Agreement may be terminated:

At Customer's initiative:

• At any time by refusing services;
• With 30 days' notice for corporate plans;
• Immediately for monthly plans.

At Service Provider's initiative:

• For Agreement term violations;
• For payment overdue by more than 14 days;
• For account inactivity over 365 days;
• Upon termination of Service Provider operations.

13.2. Upon Agreement termination:

• Access to the Service ceases;
• Data is retained for 90 days for export;
• Unused funds are returned proportionally;
• Parties perform mutual settlements.

13.3. The Customer has the right to export their data within 90 days from Agreement termination.

13.4. Provisions on confidentiality, liability, and dispute resolution remain in force after Agreement termination.

14.1. Parties are released from liability for non-performance of obligations if this occurred due to force majeure circumstances.

14.2. Force majeure circumstances include:

• Natural disasters (earthquakes, floods, fires);
• Military actions, terrorist acts;
• Government actions;
• Mass cyber attacks on internet infrastructure;
• Man-made disasters;
• Epidemics and pandemics;
• Strikes and blockades.

14.3. The party unable to fulfil obligations must notify the other party within 5 days of force majeure occurrence.

14.4. For force majeure lasting more than 90 days, either party has the right to terminate the Agreement.

15.1. The laws of the Republic of Serbia apply to this Agreement.

15.2. All disputes are resolved in the following order:

15.3. For consumers from EU countries, additional guarantees apply in accordance with European consumer protection law.

15.4. The Customer may refer to the ODR (Online Dispute Resolution) platform for online dispute resolution.

16.1. This Agreement constitutes the complete agreement between the parties and supersedes all previous arrangements.

16.2. Changes to the Agreement are made by posting a new version on the website with 30 days' notice to Customers.

16.3. If any provision of the Agreement is deemed invalid, the remaining provisions remain in force.

16.4. Parties confirm that conclusion, modification, and termination of the Agreement in electronic form has legal force.

16.5. All notifications are sent to email addresses specified during registration.

16.6. The Agreement enters into force from the moment of acceptance and remains valid until termination on grounds provided for in the Agreement.