TEMPO savjetovanje d.o.o.

Address: Hrvatskih branitelja 14, HR-34000 Požega

GENERAL TERMS OF USE for the TEMPOprojekti software

Your relationship with the service provider, TEMPO savjetovanje d.o.o.

1.1 Your use of the TEMPOprojekti software, services, and website (collectively referred to as the “Services” in this document, excluding services provided to you under separate written contracts by TEMPO savjetovanje d.o.o.) is subject to the provisions of these General Terms.

1.2 Unless otherwise agreed in writing with TEMPO savjetovanje d.o.o., your agreement with TEMPO savjetovanje d.o.o. will contain at least the provisions and conditions set forth in this document. These provisions and conditions are referred to below as the “General Terms.”

1.3 Your agreement with TEMPO savjetovanje d.o.o. will, in addition to the General Terms, also include the terms of any Legal Notices that are applicable to the Services. All such terms are referred to below as “Additional Terms.” When Additional Terms apply to a Service, they will be made available to you for review as part of the Service or through its use.

1.4 The General Terms, together with the Additional Terms, constitute a legally binding agreement between you and TEMPO savjetovanje d.o.o. regarding your use of the Services. It is important that you read these terms carefully. Collectively, this legally binding agreement is referred to below as the “Terms.”

1.5 If there is any conflict between the provisions of the Additional Terms and the General Terms, the provisions of the Additional Terms shall prevail with respect to the relevant Service.

Acceptance of the Terms

2.1 To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You may accept the Terms in the following ways:

(A) by clicking to accept or agree to the Terms, where such option is made available by TEMPO savjetovanje d.o.o. in the user interface for the relevant Service; or

(B) by actually using the Services. In this case, you understand and accept that TEMPO savjetovanje d.o.o. will consider your use of the Services as your consent to the Terms.

2.3 Before proceeding, you should print or save a copy of the General Terms for your records.

Language of the Terms

3.1 The valid version of the Terms is the Croatian version, and if you have been provided with a translation into another language, you agree that the translation is for your convenience only, and that your relationship with TEMPO savjetovanje d.o.o. will be governed by the Croatian text of the Terms.

3.2 If there is any discrepancy between the provisions of the Croatian version of the Terms and their translation, the provisions of the Croatian version shall prevail.

Provision of Services by TEMPO savjetovanje Ltd.

4.1 TEMPO savjetovanje d.o.o. has subsidiaries and affiliated entities (“Subsidiaries and Affiliates”). Occasionally, these entities will provide the Services to you on behalf of TEMPO savjetovanje d.o.o. You confirm and accept that these Subsidiaries and Affiliates are authorized to provide the Services to you.

4.2 TEMPO savjetovanje d.o.o. constantly promotes innovation to provide the best possible services to its users. You confirm and accept that the form and nature of the Services provided by TEMPO savjetovanje d.o.o. may change from time to time without prior notice to you.

4.3 As part of this ongoing innovation process, you confirm and accept that TEMPO savjetovanje d.o.o. may discontinue (permanently or temporarily) providing the Services (or certain elements of the Services) to you or to users in general, at its sole discretion and without prior notice. You may stop using the Services at any time. You do not need to specifically notify TEMPO savjetovanje d.o.o. when you stop using the Services.

4.4 You confirm and accept that if TEMPO savjetovanje d.o.o. disables access to your user account, you may be prevented from accessing the Services, your user account settings, or any files or other content stored on your user account.

4.5 You confirm and accept that although TEMPO savjetovanje d.o.o. may not currently set a limit on the number of transfers you can send or receive through the Services, or the amount of storage space used to provide the Services, such a limit may be imposed at any time at TEMPO savjetovanje d.o.o.’s sole discretion.

Your Use of the Services

5.1 To access certain Services, you may be required to provide personal information (such as personal details or contact information) as part of the registration process for the Service or as part of your continued use of the Service. You agree that all registration data you provide to TEMPO savjetovanje d.o.o. will always be accurate and up to date.

5.2 You agree to use the Services only for purposes permitted (a) by the Terms, and (b) by applicable law, regulations, or generally accepted practices or guidelines in the relevant jurisdiction.

5.3 You agree not to access (or attempt to access) any of the Services in any manner other than through the interface provided by TEMPO savjetovanje d.o.o., unless explicitly permitted under a separate agreement with TEMPO savjetovanje d.o.o.

5.4 You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).

5.5 Unless expressly permitted under a separate agreement with TEMPO savjetovanje d.o.o., you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

5.6 You agree that you are solely responsible (and that TEMPO savjetovanje d.o.o. has no responsibility to you or any third party) for any violations of your obligations under the Terms and for the consequences (including any losses or damages that TEMPO savjetovanje d.o.o. may suffer) of such violations.

Your Passwords and Account Security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any user accounts you use to access the TEMPOprojekti software or Services.

6.2 Accordingly, you agree that you are solely responsible for all activities that occur under your user account.

6.3 If you become aware of any unauthorized use of your password or user account, you agree to notify TEMPO savjetovanje d.o.o. immediately.

Privacy and Your Data and Personal Data

7.1 The data you enter and process through your user account in the TEMPOprojekti software is your property (except for templates), and TEMPO savjetovanje d.o.o. will not share this data with third parties.

7.2 Personal Data. Personal data that is used is necessary for fulfilling the contractual obligation under this Agreement, and therefore it is necessary for processing (for example, name and surname for opening a user account).

7.3 By accessing the TEMPOprojekti software or Services, you give TEMPO savjetovanje d.o.o. consent to process your personal data in accordance with the currently applicable GDPR provisions.

7.4 TEMPO savjetovanje Ltd. will not use your personal data to send marketing content via email or other means, nor will it use them for advertising activities outside the TEMPOprojekti software or Services, nor will it misuse them for any purpose.

7.5 You agree to use your data in accordance with privacy protection policies.

Content within the Services

8.1 You understand that all data (such as data files, written text, computer software, music, audio files or other sounds, photographs, video or other images) to which you may have access as part of or through your use of the Services is the sole and individual responsibility of the person from whom such content originates. All such data is referred to below as “Content.”

8.2 TEMPO savjetovanje d.o.o. reserves the right (but not the obligation) to check, review, label, extract, modify, reject, or exclude any or all Content from any Service. For certain Services, TEMPO savjetovanje d.o.o. may provide tools for extracting explicit sexual content. Furthermore, there are services and software available under commercial terms for limiting access to material you deem inappropriate.

8.3 You understand that by using the Services, you may be exposed to Content that you find offensive, obscene, or inappropriate, and that in this regard, you use the Services at your own risk.

8.4 You agree that you are solely responsible (and that TEMPO savjetovanje d.o.o. has no responsibility to you or any third party) for all Content you create, upload, or display using the Services and for the consequences of those actions (including any losses or damages that TEMPO savjetovanje d.o.o. may suffer or you may suffer).

Ownership Rights

9.1 You confirm and accept that TEMPO savjetovanje d.o.o. owns all rights and authorizations to the Services, including all intellectual property rights associated with the Services (whether registered or not, and wherever those rights exist in the world). Furthermore, you accept that the Services may contain certain data designated as confidential by TEMPO savjetovanje d.o.o., and that you will not disclose such data without prior written consent from TEMPO savjetovanje d.o.o.

9.2 Unless expressly agreed in a separate agreement with TEMPO savjetovanje d.o.o., no provision of the Terms grants you the right to use any TEMPO savjetovanje d.o.o. trade name, trademark, logo, domain name, or other brand feature.

9.3 In the event that you are explicitly granted the right to use such brand features under a separate written agreement with TEMPO savjetovanje d.o.o., you agree that your use of those features will be in accordance with that agreement, all applicable provisions of the Terms, and TEMPO savjetovanje d.o.o.’s brand use guidelines, which may be updated from time to time.

9.4 Except for the limited license in Article 11, TEMPO savjetovanje d.o.o. confirms and agrees that under these Terms, it does not acquire any right or interest in the Content you submit, post, upload, or display in or through the Services, including any intellectual property rights associated with such Content (whether registered or not, and wherever those rights exist in the world). Unless expressly agreed in a separate written agreement with TEMPO savjetovanje d.o.o., you agree that you are responsible for protecting and enforcing those rights, and TEMPO savjetovanje d.o.o. has no obligation to do so on your behalf.

9.5 You agree not to remove, hide, or modify any proprietary rights notices (including copyright and trademark notices) that may be attached or contained in the Services.

9.6 Unless you are explicitly authorized in writing by TEMPO savjetovanje d.o.o., you agree that through your use of the Services, you will not use any trademark, trade name, logo of any company or organization in a way that may or intends to cause confusion as to the owner or authorized user of such trademarks, names, or logos.

10. License granted by TEMPO savjetovanje d.o.o.

10.1 TEMPO savjetovanje d.o.o.  grants you a license to use, for a fee, and without the possibility of transfer, the TEMPOprojekti software, which TEMPO savjetovanje d.o.o.  provides to you as part of the Services provided by TEMPO savjetovanje d.o.o.  (hereinafter referred to as “Software”). The license is granted solely for the purpose of enabling you to enjoy the benefits of the Services, specifically the TEMPOprojekti software provided by TEMPO savjetovanje d.o.o., in a manner permitted by the Terms.

10.2 You may not (and may not allow anyone else to) copy, modify, create derivative works, decompile, or otherwise attempt to discover the source code of the Software or any part of it, unless expressly permitted or required by law, or unless specifically authorized in writing by TEMPO savjetovanje d.o.o.

10.3 Unless explicitly authorized by TEMPO savjetovanje d.o.o., you may not transfer (or sublicense) your rights to use the Software, establish security interests in your right to use the Software, or otherwise transfer any part of your rights to use the Software.

11. License granted by you regarding Content

11.1 You retain the copyright or any other rights you already have regarding the Content you submit, post, or display in or through the Services. By submitting, posting, or displaying Content in or through the Services, without compensation, you do not grant TEMPO savjetovanje d.o.o.  a perpetual, irrevocable, and non-exclusive license to use worldwide for reproducing, adapting, modifying, translating, publishing, publicly performing, publicly displaying, or distributing any Content you submit, post, or display in or through the Services. This is possible only with a separate license from you to TEMPO savjetovanje d.o.o., which is subject to a separate agreement, and for purposes defined in that agreement and as defined by your will.

11.2 You agree that this license includes the right for TEMPO savjetovanje d.o.o.  to make the Content available to other companies, organizations, and individuals with whom TEMPO savjetovanje d.o.o.  has agreements for joint provision of services and to use such Content in connection with the provision of these services and solely in connection with the provision of these services.

11.3 You understand that TEMPO savjetovanje d.o.o., in performing the necessary technical actions to provide Services to its users, may (a) transmit or distribute your Content over various public networks and in different media; and (b) modify your Content as necessary to conform to technical requirements of networks, devices, services, or media. You agree that this license authorizes TEMPO savjetovanje d.o.o.  to perform these actions.

11.4 You confirm and warrant to TEMPO savjetovanje d.o.o.  that you have all the necessary rights and authority to grant the above license.

12. Software Updates

12.1 The Software you use may periodically download and install files for updates. These update files are designed to improve, enhance, and further develop the Services and may be in the form of bug fixes, enhanced features, new software modules, and entirely new versions. You agree to receive such update files (and allow TEMPO savjetovanje d.o.o.  to deliver them to you) as part of your use of the Services.

13. Termination of your relationship with TEMPO savjetovanje d.o.o.

13.1 These Terms will apply until they are terminated by you or TEMPO savjetovanje d.o.o.  as per the provisions below.

13.2 If you wish to terminate your agreement with TEMPO savjetovanje d.o.o., you may do so (a) at any time by notifying TEMPO savjetovanje d.o.o., and (b) by closing your user account for all Services you use, if TEMPO savjetovanje d.o.o.  provides you with that option. Your notice should be sent in writing to the TEMPO savjetovanje d.o.o.  address provided at the beginning of these Terms.

13.3 TEMPO savjetovanje d.o.o.  may terminate the agreement with you at any time if:

(A) you have breached any provision of the Terms (or acted in a manner that clearly shows you do not intend or are unable to comply with any provision of the Terms); or

(B) TEMPO savjetovanje d.o.o.  is required to do so by law (for example, if providing Services to you is illegal or becomes illegal); or

(C) the partner with whom TEMPO savjetovanje d.o.o.  offered Services to you terminates its relationship with TEMPO savjetovanje d.o.o.  or stops providing Services to you; or

(D) TEMPO savjetovanje d.o.o.  decides to stop providing Services to users in the country where you reside or from which you use the Services; or

(E) providing Services to you is, in the judgment of TEMPO savjetovanje d.o.o., no longer commercially viable.

13.4 Nothing in this section will affect TEMPO savjetovanje d.o.o. ‘s rights under Section 4 of the Terms.

13.5 When these Terms cease to apply, all rights and obligations that you or TEMPO savjetovanje d.o.o.  have accrued (or that have arisen during the term of these Terms) or that are expressly stated to survive the termination of these Terms will not be affected by the termination, and the provisions of Section 20.7 will continue to apply indefinitely to such rights and obligations.

14. Exclusion of Warranties

14.1 The Services are provided on an “as is” basis, and TEMPO savjetovanje d.o.o., its subsidiaries, affiliated persons, and licensors make no warranties regarding them.

14.2 In particular, TEMPO savjetovanje d.o.o., its subsidiaries, affiliated persons, and licensors do not represent or warrant that:

(A) Your use of the Services will meet your needs,

(B) Your use of the Services will be uninterrupted, timely, secure, and error-free,

(C) Any information obtained as a result of using the Services will be accurate or reliable, and

(D) Any errors in the operation or functionality of any Software provided to you as part of the Services will be corrected.

14.3 No conditions, warranties, or other provisions (including any implied provisions regarding satisfactory quality, fitness for a particular purpose, or accuracy of description) will apply to the Services, except to the extent explicitly stated in the Terms.

14.4 Nothing in these Terms will affect those rights you are always entitled to under the law as a consumer, which cannot be contractually altered or waived.

15. Limitation of Liability

15.1 Nothing in these Terms will exclude or limit the liability of TEMPO savjetovanje d.o.o.  for damage for which liability cannot be excluded or limited under applicable law.

15.2 Limitation of Indirect Liability. To the extent permitted by applicable law, no party will have any liability arising out of or relating to the Agreement for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill.

15.3 Limitation of Liability Amount. The total liability of each party for damage arising out of or in connection with the Agreement, including liability under Section 15.1 that cannot be excluded or limited under applicable law, is limited to the fees paid by the User during the 12-month period preceding the event that triggered the liability.

15.4 In addition to the limitation under Section 15.1, TEMPO savjetovanje d.o.o., its subsidiaries, affiliated persons, and licensors will not be liable to you for:

(A) Any indirect or consequential damages you have suffered. This includes any lost profits (suffered directly or indirectly), damage to goodwill or business reputation, and any data loss you have suffered;

(B) Any loss or damage you suffer as a result of:

(i) Your reliance on the completeness, accuracy, and existence of any advertising, or as a result of any relationship or transaction between you and an advertiser or sponsor whose advertisement is displayed within the Services;

(ii) Any changes made by TEMPO savjetovanje d.o.o.  to the Services, or due to any temporary or permanent interruptions in the provision of the Services (or parts thereof);

(iii) Deletion, corruption, or failure to store any Content or other communication data that has been stored or transmitted in or through your use of the Services;

(iv) Your failure to provide TEMPO savjetovanje d.o.o.  with accurate account information;

(v) Your failure to maintain the security and confidentiality of your password and account information;

(vi) Unauthorized access to your data by a third party.

15.5 The limitations of liability under Section 15.4 will apply regardless of whether TEMPO savjetovanje d.o.o.  knew or should have known of the possibility of such damages.

16. Data Security

16.1 As a User of TEMPOprojekti software, or a User of the Services, you are obliged to regularly create backups of your data on independent locations (hard drives, personal computers, personal data storage) outside of the TEMPOprojekti software. Regular backups are considered as downloading the Content at least once a month.

16.2 TEMPO savjetovanje d.o.o.  will implement data security mechanisms to the best of its ability (where it may rely on relevant and reliable third-party services, such as Google Cloud Storage), but the User is obliged to regularly create backups of their data. To facilitate the creation of independent data backups, TEMPOprojekti software includes the possibility of downloading data packages to the User’s local computers.

17. Advertising

17.1 Some of the Services may be supported by advertising revenue and display advertisements and promotional materials. These advertisements may be targeted based on the content of information stored within the Services, queries made through the Services, or other information.

17.2 The manner, form, and scope of advertising by TEMPO savjetovanje d.o.o.  within the Services are subject to change without specific notice to you.

17.3 As consideration for TEMPO savjetovanje d.o.o.  granting you access to and use of the Services, you agree that TEMPO savjetovanje d.o.o.  may display such advertisements within the Services.

18. Other Content

18.1 The Services may include hyperlinks to other websites, content, or resources. TEMPO savjetovanje d.o.o.  has no control over the websites or resources provided by other companies or individuals.

18.2 You acknowledge and agree that TEMPO savjetovanje d.o.o.  is not responsible for the availability of such external websites or resources, and does not endorse any advertisements, products, or other materials available on those websites or resources.

18.3 You acknowledge and agree that TEMPO savjetovanje d.o.o.  is not responsible for any loss or damage you suffer as a result of the availability of such external websites or resources, or as a result of your reliance on the completeness, accuracy, or existence of any advertisement, product, or other materials available on those websites or resources.

19. Changes to Terms

19.1 TEMPO savjetovanje d.o.o.  may occasionally modify the General Terms or Additional Terms. When such changes are made, TEMPO savjetovanje d.o.o.  will provide you with the updated version of the General Terms or make it available through the software interface, while any new Additional Terms will be made available to you within or through the relevant Service.

19.2 You understand and agree that by continuing to use the Service after the date the General Terms or Additional Terms are modified, TEMPO savjetovanje d.o.o.  will consider your use of the Services as acceptance of the modified General Terms or Additional Terms.

20. General Legal Provisions

20.1 Sometimes, when using the Services, you may (as a result of or through the use of the Service) use a service, download software, or purchase goods provided by another person or company. Your use of those other services, software, or goods may be subject to specific terms between you and that company or person. In such cases, these Terms do not affect your legal relationship with that other company or person.

20.2 These Terms constitute the entire agreement between you and TEMPO savjetovanje d.o.o.  and govern your use of the Services (excluding any services provided by TEMPO savjetovanje d.o.o.  based on a separate written agreement), and fully replace any prior agreements between you and TEMPO savjetovanje d.o.o.  regarding the Services.

20.3 You agree that TEMPO savjetovanje d.o.o.  may notify you, including notices about changes to the Terms, via email, regular mail, or posts within the Services.

20.4 You agree that if TEMPO savjetovanje d.o.o.  does not exercise its right to enforce its rights or legal remedies under these Terms (or as TEMPO savjetovanje d.o.o.  is entitled to under applicable law), it will not be considered a waiver of TEMPO savjetovanje d.o.o. ‘s rights, and those rights and legal remedies will remain available to TEMPO savjetovanje d.o.o.

20.5 If a court with jurisdiction decides that any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the remainder of the Terms. Other provisions of the Terms will remain valid and enforceable.

20.6 You acknowledge and agree that each member of the group of companies of which TEMPO savjetovanje d.o.o.  is the parent company will be considered a third party in whose favor these Terms are made, and that those other companies will be entitled to directly enforce any provision of the Terms that benefits them (or gives them a right in their favor). Additionally, no other person or company will be considered a third party in whose favor these Terms are made.

20.7 The Terms and your relationship with TEMPO savjetovanje d.o.o.  under these Terms are governed by the laws of the Republic of Croatia. You and TEMPO savjetovanje d.o.o.  accept the exclusive jurisdiction of the courts for resolving any legal disputes arising from these Terms. Notwithstanding the foregoing, you agree that TEMPO savjetovanje d.o.o.  will still be entitled to seek interim measures (or appropriate emergency legal relief) in any jurisdiction.