Terms and Conditions

1. Introduction

These General Terms and Conditions may include schedules, appendices, rules and other documents that may be referred to in these General Terms and Conditions, which together with any express consents you have given constitute an Agreement (hereinafter: Agreement) between you (hereinafter: Client) and KYC ltd (hereinafter: "we", "us", "Company", "KYC"), OIB ××××××, 4 Papova street, Zagreb, Croatia.

When submitting a request to open an account in the Application owned and operated by the Company, you expressly agreed to the terms of this Agreement.

Also, each of your access to the Application, as well as the use of the Services in the Application, will be treated as acceptance of the provisions of this Agreement, as potential and all amendments and supplements to this Agreement, unless otherwise agreed in writing. The current version of the Agreement is available online on the Company's website.

You may request a copy of the Agreement at any time.

2. Definitions and Terms

In this Agreement, unless otherwise stated, the following words and expressions have the meanings set out below:

• Account: see the definition under User Account.
• Application: a software solution of the Company accessible via the Company's website.
• Business day: every day except Saturdays, Sundays, holidays and non-working days in the Republic of Croatia determined by law.
• Client: in terms of these General Terms and Conditions means: account user in the Application with which the Company provides its services.
• A Collection of personal data is any structured set of personal data that is accessible according to specific criteria, whether centralized, decentralized, or dispersed on a functional or geographical basis and regardless of whether it is contained in computer databases of personal data or is managed using other technical means or manually.
• Comment: is any Client's comment that is different from a complaint, and refers to the quality of the Service, product characteristics, etc., as well as all other aspects of the Client's relationship with the Company in which the Client believes that his rights have been violated. The initiator of the comment is the Client.
• Complaint: is any complaint by the Client regarding the amount of offers, invoices, incorrect payments, traffic display, activities in the User Account, etc. The initiator of the complaint is the Client.
• Contract: is a legal act by which regulate the rights and obligations between the persons who have entered into the Agreement.
• Due diligence: includes measures that the Client, in accordance with applicable regulations, undertakes when establishing a business relationship with the Party and periodically during the duration of the business relationship, which may include, for example:
  • establishing and verifying the identity of the Account User,
  • collecting data on the purpose and intended nature of the business relationship and other data in accordance with applicable regulations, and
  • continuously monitoring the business relationship, including the control of transactions carried out by the Party.
• Force Majeure includes:
  • any fire, strike, riot, civil commotion, lockout, act of terrorism, war, industrial action, civil commotion or malicious damage;
  • any natural disaster such as floods, storms, tornadoes, earthquakes and water waves resulting from earthquakes, volcanic eruptions, hurricanes, meteorite falls, etc.;
  • any epidemic, pandemic or public health emergency of national or international importance;
  • any act or regulation of a government, supranational body or authority that the Company believes to prevent it from providing any or all of the Services to the Client;
  • technical failures in transmission, communication or computing devices including power failures and failures of electronic equipment or equipment, other utilities, transport or telecommunications networks;
  • in connection with the operation of the Application, failure any supplier, vendor, subcontractor or company with which the Company has entered into a contract to perform a specific business service (for example, a hosting company or data center);
  • in relation to the Services:
• the failure of any supplier or service provider to us in relation to the Services we provide;
• an event that significantly disrupts the quality of the service provided, which may include (but is not limited to) for example the unavailability of the server of the company publishing the sanctions lists and other similar data that are the subject of the Service;
• Intellectual Property or "IP" or "IV": means patents (including rights to and/or inventions), trademarks, service marks, design rights, Applications for any of the foregoing, copyrights (including future copyrights), know-how, trade or company names, rights to and/or to Internet domain names and website addresses, goodwill associated with any of the foregoing, database rights, trade secrets and all other intellectual property rights, including all copyrights issuances, continuations, renewals, derivatives and extensions of rights in any of the above, in any case existing at any time in any part of the world (whether registered or unregistered).
• Know-How: means non-patented technical information (including information relating to inventions, discoveries, concepts, methodologies, models, research, development and testing procedures; results of experiments, tests and trials; processes, techniques and specifications; quality control data, analyses, reports and submissions) that is not in the public domain.
• Member State: is a member state of the European Union and a state party to the Agreement on the European Economic Area.
• Person connected to a sanctioned country: is an individual who legally resides in the Republic of Croatia or the country in which the Company operates, or in any other country within the EU or the European Economic Area (EEA), the USA, the UK, Australia and Canada with an equivalent sanctions program, and who is connected to a sanctioned country or territory by citizenship and/or place of birth.
• Personal data controller: is a natural or legal person, state or other body that determines the purpose and method of processing personal data. When the purpose and method of processing are prescribed by law, the same law also determines the personal data controller data.
• Personal data: is any data relating to an individual whose identity is established or can be established (hereinafter: the Respondent); an identifiable individual is a person who can be identified, directly or indirectly, in particular by means of identifiers such as a name, an identification number, location data, an online identifier or by means of one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• Processing: means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination.
• Pseudonymization: means the processing of personal data in such a way that personal data can no longer be attributed to a specific Respondent without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that personal data cannot be attributed to an individual whose identity has been established or can be established.
• Restriction of processing: means marking stored personal data with the aim of restricting their processing in the future.
• Service Package: a combination of several Services of the Company that the Client contracts and activates or intends to contract and activate, and which are contained in the Company's Service Package for a single fee. In addition to the basic Services, the Service Package may also contain additional services and benefits, and the prerequisite for contracting is that the Client has an activated, or paid, Subscription for the future period. The content of the Service Package is available on the Company's website.
• Sanctions: means economic, financial, trade or other restrictive measures that are in force, which, among other things, include the complete or partial termination of economic relations, the prohibition of the provision of certain or all services, restrictions on the disposal of property and other similar restrictions determined by:
  • legal acts of the United Nations or other international organizations, which are binding on the Republic of Croatia, or
  • regulations of the Republic of Croatia or decisions of the Government of the Republic of Croatia or other competent bodies of the Republic of Croatia, or
  • regulations of the European Union or decisions of the Council of the European Union, the European Commission or other competent bodies of the European Union, or
  • regulations of the United States of America (US) or decisions of US government bodies, including the US Department of the Treasury's Office of Foreign Assets Control (OFAC), or
  • regulations of the United Kingdom (UK) or decisions of UK government bodies, including the Office of Financial Sanctions Implementation (OFSI), or
  • regulations or decisions of government bodies of any other country in whose territory the Company provides services, either directly or through its subsidiaries, representative offices or agents.
• Sanctioned country: is any country or area that is under Sanctions or against whose government or other governing structures, that is, the executive authorities, Sanctions are directed; the list of countries and territories against which an extensive package of bans has been introduced and countries against which a narrower package of bans has been introduced is available on the Company's website.
• Sanctioned Person: means any natural or legal person, international organization or entity without legal personality against which Sanctions are directed, or a legal entity that is owned or controlled by one or more sanctioned persons listed on the sanctions lists.
• Sandbox environment: means a test environment for clients to simulate API requests and test their integration with the software.
• Service: refers to the implementation of actions by the Company aimed at fulfilling the Client's obligations under the Law, and which relate to the management, or rather, minimization of the risk of preventing money laundering and terrorist financing end user of the Client's services.
• Subscription: is the basic method of using the Service that the Client contracts with the Company, and refers to the payment of a fee for a certain future period of use of the Service. The amount of the Subscription itself depends on the time period for which the Subscription is contracted and the number of services included in the Service Package.
• Third party: is a natural or legal person, state or other body, other than the data subject, the controller of the personal data file or the processor of personal data and persons directly authorized by the controller or processor to process personal data.
• User Account: is the part of the Application assigned to the Client, through which the Client enters and updates his/her personal data and enters the data necessary for the implementation of the Service that is the subject of the Agreement between the Client and the Company.
• The Act is the Act on the Prevention of Money Laundering and Financing of Terrorism.
• Website: https://www.kyc.hr.

The following rules also apply in the interpretation of the Agreement between the Company and the Client, except when it is clear from the context that the rule does not apply:

• a word in the singular includes the plural, and vice versa;
• a word suggesting one gender includes other genders;
• if a word or expression is defined, any other grammatical form of that word or expression has the corresponding meaning and
• if an example of anything (including a right, obligation or concept) is given, as if it were said to include something else, the example does not limit the scope of that thing.

3. Service

The Services provided by the Company to the Clients consist of a series of actions related to the collection, verification and processing of data of the end users of the Client's service, all in accordance with the provisions of the Law.

Some of the terms in this Agreement apply only to certain Services. If you do not use that Service, then the terms applicable to such Service will not form part of your Agreement with us. We will always be clear which terms apply to which Service, but please contact us if anything is unclear.

The Company does not submit any reports on behalf of the Client to third parties. The Services are expressly limited only to providing additional information in support of the Client’s business processes to combat the prevention of money laundering and terrorist financing. By accessing the Company’s Services, the Client agrees that it will not use any Services for:

• to determine the eligibility of consumers for credit or insurance,
• in connection with the underwriting of individual insurance risks,
• in connection with the assessment of consumers for employment, promotion, transfer or retention as an employee, contractor or similar position,
• in connection with any other permitted purpose or
• in any other manner that would cause the use of the Services to be interpreted as an end-user reporting of the Client’s service by any entity having jurisdiction over the Company or the Client. The Client further agrees not to take any adverse action, in whole or in part, based on the information from the Services, against any end user of the Client, except as defined by Law.

4. Application for use of our Service

To successfully apply for the Service, you must complete the form for opening a User Account in the Application, which is accessed via the Website, you must provide us with the accurate information we request from you so that we can identify you and create an offer that will be delivered to you through the Application.

We reserve the discretionary right to reject your application to open an User Account, or use the Services in the Application, and without giving any reason for doing so.

We may, from time to time, request additional information and/or documents or clarification of information and/or documents that you have provided to us.

If any information you have provided to us under this clause ‎4. changes, you should notify us, in writing, as soon as possible after the change occurs or update the information yourself through your User Account.

The information you provide to us must be complete, accurate and must not be misleading. If you do not provide us with the required information or if you provide inaccurate, incomplete or misleading information, we will not be able to open an User Account for you in the Application or, if you already have an User Account, we may freeze, block or close it.

5. Using our Service

In the Application, you will be able to manage and access your data and use all the Services you have subscribed to.

The Services and the Application are provided "as is" and "as available", without any representation or warranty of any kind, including that they will be uninterrupted, prompt, available, reliable, complete, error free, or that they will meet your individual requirements or be compatible with your hardware or software, except as otherwise provided in this Agreement. The Company is not responsible for any delays, failed deliveries or other damages arising from such problems.

It is your responsibility to ensure that the system through which you access the Application (including equipment and software) complies with the technical requirements as described on our website.

The Services we provide may not be available in countries where their use is prohibited by local laws. If in doubt, consult legal counsel. We will not be responsible for the use of our Services by persons in countries where the use of such services is prohibited, and the availability of such services in any territory or jurisdiction should not be construed as any admission by us of the legality of providing such service in that territory or jurisdiction.

You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Services and the content of the Application. However, such license is subject to this Terms and Conditions and does not include:

• any resale or commercial use of the Services or the content of the Application therein;
• collection and use of product or service listings, images or descriptions;
• distribution, public performance or public display of any content;
• modification or any other use of the derived services or content or any part thereof;
• use of any data mining, robots or similar data gathering or extraction methods;
• downloading (other than caching pages) of any part of the Services, the Application content or any information contained therein, except as expressly permitted on the Services and
• any use of the Services or the Application content other than for the intended purposes. Any use of the Services or content other than as expressly permitted herein expressly stated, without the prior written permission of the Company, is strictly prohibited and may result in termination of the Agreement to the detriment of the Client and/or legal action. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated herein or otherwise by the Company, nothing in this Terms and Conditions shall be construed as granting any license to intellectual property rights, whether express, implied or otherwise. This license can be revoked at any time. Notwithstanding anything to the contrary in this Terms and Conditions, the Services and Application content may contain software components that are subject to separate license terms, in which case those license terms will apply to access and use of such software components.

6. Marketing and Promotions

All promotions we offer will have specific terms and conditions that apply to that promotion. We may change or discontinue a promotion in accordance with the terms and conditions of that promotion.

Our Services do not include the provision of advice.

For each consultation, the Client may enter into a new business cooperation agreement with the Company with commercial terms that will not be related to the use of the Application.

As part of its marketing and promotional activities, the Company will only offer Services to Clients related to applications, software solutions and Services that it owns.

The Company will not sell your personal information to third parties in order for them to send you marketing and promotional materials.

7. Keeping your Account and Application secure

It is your responsibility to take all reasonable steps to protect your User Account in the Application. For example, you should keep your security information, such as your username and password, confidential.

You should choose a password that is not easily guessed (such as using a combination of upper and lower case letters, numbers and symbols) and is unique to your User Account. We recommend that you do not reuse a password that you have previously used for other platforms/services.

If you believe that someone else knows your details for using and managing your User Account, you must change them immediately and contact us as soon as possible.

We may block access to our Services and/or your User Account if we believe that this is necessary for security or legal reasons.

We may contact you to provide you with new security details or to contact you to request that you change your security details. Contact will be made solely with the details entered when you applied for your User Account.

You may not give any third party (including minors) any access and/or control over your User Account. If you decide to give another person access and/or control over your User Account, you do so at your own risk and we will not be responsible for the decisions of that third party.

You may not send messages or upload to the Website viruses, Trojan horses, robots, indexes, macro programs and/or commands, worms or other routines, or computer programming scripts, algorithms, etc. intended to damage, disrupt, intercept or expropriate the Website, the Application, any system or information.

You may not falsely claim to be affiliated with another person or entity.

You may not circumvent any measures implemented by the Company to prevent violations of the Terms and Conditions of Service and/or unauthorized use of the Service.

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions relating to your use of the Service, including without limitation those relating to data privacy, international communications and the export of technical or personal data from locations other than those from which the Company controls and operates the Services. Furthermore, you expressly agree that you will not violate the publicity or privacy rights of any person, nor defame any person or entity.

8. Communication with you

You have expressly consented to us communicating with you through the Application. This includes notifying you of changes to our Agreement with you, as well as sending you push notifications. We may also communicate with you using other methods, for example if required by applicable law, such as email, telephone, fax, post and/or any other means of communication. We will use the contact information you provided to us when you registered for the Services and which you have updated.

If your information changes, including your email address, contact numbers, name, home address, country of residence, you must notify us as soon as possible. If you notify us, you may not receive important information from us or the Company may not be able to provide you with the Service you requested.

Our Agreement with you and all information, statements and notices between you and us will be in the Croatian language and we will communicate in Croatian. If we provide you with documents in another language and there is an inconsistency, the Croatian version will prevail.

If you have any questions about the Agreement or would like to speak to us, you may contact us in the following ways:

• via email address: ××××@kyc.hr
• via the Messages module in the Application.

9. Fees

In consideration of the provision of the Services, the Client shall pay the fees set out in the Offer form provided to it in the manner set out in this Agreement and/or the applicable Offer form.

All fees set out to the Client are exclusive of taxes which (where applicable) the Company shall add to its invoices at the appropriate rate. All payments to the Company shall be in the currency set out in the Offer.

Unless otherwise stated in the Offer, the Client shall pay any Invoice provided to it by the Company in full within 15 days from the date of the Invoice, failing which the Client shall not be able to use the Company's Service. The timeliness of payment shall be of the essence. The Client shall not withhold payment of any Invoice or other amount due to the Company on account of any right of set-off or counterclaim which the Client may have, or claims to have, or for any other reason.

In the event of failure to pay an Invoice by the due date, the Client shall be liable to pay penalties in the form of statutory default interest from the date the Invoice is due until payment is made in full. In the event of non-payment of the Invoice within the specified time period, the Company may disable the Client from using the Service, and if the Company incurs costs exceeding €10 in the process of disabling and later enabling the Client to use the Service, the Company may request additional compensation from the Client upon presentation of documentation confirming the occurrence of the aforementioned costs.

Excessive consumption under the selected Subscription model

In the event that the Client consumes the Service in a larger volume within the selected Subscription model than is provided for in the selected and paid Subscription model, the Company will issue an additional Invoice to the Client for the excessive consumption.

The amount on the additional Invoice will be calculated as follows. The Company will calculate the unit cost of each search under the selected and paid Subscription model by dividing the Subscription amount (excluding taxes and similar charges) by the number of searches included in that Subscription model. The unit cost of the search will be multiplied by the number of searches that exceeded the number of searches included in the selected and paid Subscription model (total number of searches performed during the Subscription period minus the number of included, i.e. purchased searches under the selected Subscription model). The Client will be provided with an Invoice for the stated amount, which will be increased by all taxes and similar charges.

10. Extraordinary events

If an extraordinary event (e.g., Force Majeure) occurs, the availability and speed of any or all of our Services and the availability of various functionalities that we may provide as part of any or all of our Services, as well as any of our obligations under this Agreement may be delayed, may not be available, or may not be performed. We will not be responsible for any losses incurred by the Client as a result.

We will use commercially reasonable efforts to continue the normal operation of our Services after an extraordinary event (force majeure) occurs.

We will notify you in writing as soon as possible of the occurrence of an extraordinary event and its expected duration.

11. Our liability for losses

We are not liable for any damage, costs, loss, liability, claims for compensation or expenses incurred or suffered by you, directly or indirectly, under or in connection with:

• any action or inaction we take in accordance with our rights and obligations under this Agreement, including in response to your breach of the Agreement;
• any action or inaction we take to comply with applicable law or to comply with any direction from a regulatory authority or legal body;
• you are unable to access any of our Services due to your internet connection or your device not meeting the technical requirements set out on our Website;
• any act or inaction of any third party including a commercial third party or any government, regulatory authority or legal body;
• any scheduled or essential maintenance of our systems;
• any extraordinary event;
• any act or omission by you that violates this Agreement; you act fraudulently, with gross negligence or intentionally fail to fulfill your obligations; you fail to notify us, as soon as possible, of changes to your information, including email address, contact numbers, name, home address, country of residence; you fail to keep your User Account and/or Application details secure and
• all third-party fines, fees, costs and charges incurred by you using the Services or the Application.

You will defend, indemnify and hold the Company harmless from and against any claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and expenses) arising from or in connection with any claim by a third party in connection with your use of the Service or compliance with any obligations under the Law.

The Company is not responsible for the activities of third parties or the content published by them, applications or sites ("Third Party Services"). For example, parts of the Services may be integrated with or linked to third-party sites, platforms and applications that the Company does not control. The Company assumes no responsibility for the quality of the service of third parties. For example, if you access or use the Service via a mobile phone (Apple or Android or any other platform), these are Third Party Services.

The Client is aware of the fact that the ultimate obligation to carry out the actions prescribed by the Law lies with the Client and that the final assessment of suspicions of actions prescribed by the Law lies with the Client, and the Services provided by the Company to the Client are considered additional information.

The Client is aware of the fact that the Company is not responsible for reporting suspicions of actions described by the Law to superior institutions and this is the sole obligation of the Client.

Notwithstanding the above:

• where the Company and another person (such as a payment service provider) are liable to you in respect of the same matter or item, you agree that our liability to you shall not be increased by any limitation of liability agreed to by you or by your inability to recover from that other person above what our liability would have been if such limitation had not been agreed and/or if that other person had paid their share;
• if you suffer any loss, liability, cost or expense ("Loss") for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss you may recover from us (as opposed to any third party) it shall be limited to be proportionate to our total contribution to the total fault for such Loss, as agreed between all relevant parties or, in the absence of agreement, as determined by the competent court in Zagreb.

12. Acknowledgements, representations and warranties

You acknowledge, represent and warrant that:

• you are over 18 years of age and have the capacity to enter into this Agreement;
• you have the legal right to enter into a legally binding contract with us in accordance with the laws governing the jurisdiction applicable to you;
• you are solely and fully responsible for your own compliance with the applicable laws in your jurisdiction;
• you have all necessary consents and authority to enter into this Agreement and/or use the Services;
• unless we have agreed otherwise in writing, you are acting on your own behalf and not as an agent, attorney, trustee or representative of any other person;
• that all information and documents you provide are true, accurate, complete and not misleading;
• our assessment of your use of the Services is based on the information and documents you provide and we may rely on the information and documents you provide and we are not liable for any damages or losses that may arise from any inaccuracies;
• you will access and use our Services only for your own personal benefit;
• neither entering into this Agreement, nor using the Services, nor giving any other instructions will violate any law, rule or regulation applicable to you;
• you have not and will not transmit or transmit malicious code to the Application or otherwise use any electronic device, software, algorithm and/or trading method or strategy that is intended to manipulate any aspect of the Application and
• you will use the Services we offer under this Agreement honestly, fairly and in good faith.

13. Assignment and Novation

We may assign, transfer and/or modify this Agreement and/or any of our rights and/or obligations to another company.

You may not assign, transfer and/or modify this Agreement and/or any of your rights and/or obligations to another person, whether by operation of law or otherwise, or on a permanent or temporary basis, without our prior written consent.

14. Changing the Terms of Our Agreement with you

Our Customer Service Team is not authorized to change or waive any term in our Agreement with you.

We may change our Agreement with you from time to time. For example, we may need to add new terms or modify existing terms to reflect changes in:

• our business, our products or the way we provide them;
• the systems we use; and/or
• applicable law or regulation or industry recommendations. We may also make changes for reasons not set out here, but we will always act reasonably if we do so.

We will notify you if we change the terms of the Agreement with you at least two (2) months before the change is to take effect.

We may sometimes notify you after we have made a change. We will only do so if the change benefits you or does not disadvantage you.

Your continued use of the Services will be deemed to be acceptance of any changes to the Agreement. If you do not agree with the change, please contact us and we can assist you in closing your Account.

15. Termination of the Agreement

If you die or become legally incapacitated, and your legal heirs or representatives wish to close the User Account, they must provide us with official, duly certified legal documents from the applicable authorities in the relevant jurisdictions.

The Agreement and other agreements under which the Services provided by the Company are contracted shall terminate:

• upon performance of the actions under the Agreement;
• upon expiration of the term if concluded for a fixed period,
• upon termination of the Agreement or
• upon the death of the User Account.

The User Account is obliged to fully perform all obligations under the Agreement that have arisen up to the date of termination of the Agreement.

In the event of termination of the Agreement, all fees charged to the User Account and charged periodically in accordance with the Price List will be charged in proportion to the duration of the Agreement.

The User Account User may unilaterally terminate the Agreement in writing with a notice period of one month. The Request for Termination of the Agreement must be signed by the User of the Account User and submitted to the Company at the contacts specified in the Agreement (Section 8).

If the Client has less than 30 days left on the subscription period, the termination of the Agreement will not be carried out, but the Company, or the Application, will automatically set the Client's status to inactive based on the remaining period of use of the Service, and this action will prevent him from actively using the Application (the Client will only be able to use the part for renewing the Subscription). Upon expiration of the existing active Subscription, the Client has no obligations towards the Company.

The day of receipt of the request for termination of the Agreement is the day it is received by the Company, and the Agreement is cancelled on the same day of the following month; if the cancellation is received on the 31st, and the following month has 30 days (or in February 28th/29th), then the Agreement is cancelled on the last day of the following month.

Termination of the Agreement by the Company, The Company may unilaterally cancel the Agreement that has been concluded for an indefinite period with a notice period of two months.

If the Client has a longer subscription period than the period specified in Section 15, the Company will refund the Client a proportional part of the paid funds in accordance with the description in Section 15.

The date of delivery of the cancellation letter is the date of its sending to the User Account's email address or mailbox in the Application.

The Company may unilaterally cancel the Service Package or an individual Service within the Service Package with a two-month notice period. If possible, the Company will allow the Client to use the specified service, otherwise a proportional refund will be made in accordance with the description in Section 15.

The User Account User and the Company may terminate the Agreement and/or the Service Package by mutual agreement at any time.

The Company has the right to terminate the Agreement and/or the Service Package with effect from the date of sending the notice of termination by registered mail or by sending a message to the email address or to the mailbox within the Application in the following cases:

• if the User Account User violates the provisions of the Agreement, especially in the event of acting contrary to the applicable regulations,
• if the User Account User, when concluding the Agreement or an agreement on a particular additional service or subsequently during the term of that Agreement, submitted to the Company incorrect or untrue personal data or other data,
• if the Company determines or suspects a possible violation of the provisions of the Law and its implementing regulations and/or Sanctions or the Company determines that the User Account User is a Sanctioned Person and/or tax regulations,
• if the User Account User, at the request of the Company, fails to submit the requested data and documentation necessary for the establishment and continuation of the established contractual relationship in accordance with the applicable regulations,
• if the Client fails to make a payment or is late in paying any financial obligation under any business relationship with the Company and if other circumstances arise or if other circumstances threaten to arise for which the Company can reasonably assume that they increase the risk that the User Account User will not properly fulfill the obligations under the User Account,
• in other cases specified in the Agreement, this Terms and Conditions or other integral parts of the Agreement.

In the situations described above, the Company will not make the payment to the Client of the remaining part of the service in accordance with the Subscription model chosen by the Client.

Exceptionally, in the case where the Agreement was concluded remotely via an application or another channel through which the Company enabled the conclusion of the Agreement digitally remotely, the Company is authorized to terminate the Agreement with immediate effect on the date of sending the notice of cancellation to the verified e-mail address of the User Account User.

Termination of a contract concluded remotely, the Account User may, without giving reasons and without paying fees, terminate the Agreement concluded outside the Company's business premises within 14 business days from the date of conclusion without giving reasons and without paying fees if the Client has not consumed the Services. If the Client has consumed the Service, the Contract Termination will be carried out in accordance with Section 15.

The Contract shall be terminated by written notice submitted by the Account User in person at the Company's office or by notarized notice delivered to the Company by mail before the expiration of the deadline for termination of the contractual relationship. In such a case, the Client will be refunded a proportional part of the unused subscription fee in accordance with Section 15.

Calculation of the unspent subscription amount

The calculation of the unspent subscription amount will be made in the following ways:

• if the Client has consumed the Service, i.e. performed certain searches of his/her parties, the Company will calculate the amount of the unspent Subscription amount in the following way. The quantity of searches performed by the Clients' parties will be counted and will be put in proportion to the number of searches to which the Client is entitled in accordance with the selected Subscription model. Also, the ratio of the number of days of Service use to the number of days in accordance with the selected Subscription model will be calculated. The refund amount for the unused part of the Subscription will be calculated in such a way that the amount paid for the Subscription will be multiplied by the amount obtained when 100% is subtracted from the higher percentage calculated in accordance with the previously described method.
• if the Client has not consumed the Service, i.e. performed certain searches of his/her parties, the Company will calculate the amount of the unspent Subscription amount by calculating the number of days of service use and putting that number in proportion to the number of days of Service use in accordance with the selected Subscription model. The refund amount for the unused portion of the Subscription will be obtained by deducting 100% from the percentage described in the previous sentence and adding it to the amount paid for the Subscription. When calculating the unused portion of the Subscription, amounts related to taxes and similar charges according to the issued Invoice or Subscription model will not be taken into account.

16. Personal data and privacy

We are committed to responsible handling of data about you. By entering into this Agreement, you agree and confirm that you have received, read and understood our Privacy Policy, which is also available on our website at the Company's website address. We will use your personal information as set out in our privacy notice, if you have any questions about how we use your personal information, you can contact us, our contact details are set out in Section 8, as well as in our privacy notice.

The personal information we have collected from you may be shared with fraud prevention agencies who will use it to prevent fraud and money laundering and to verify your identity. If fraud is detected, you may be refused certain services, finances or work. For further details, please see our privacy notice.

17. Record retention

The Company will retain data for a minimum of 5 years, and if any legal regulation provides for a longer retention of all or some of the data, such data will be retained in accordance with that specific legal regulation.

We may keep records of the content and results of any searches we conduct on you in accordance with all applicable and applicable laws.

We are required to report any reasonable suspicions about User Account activity to regulatory authorities. This may affect our relationship with you in terms of confidentiality. If we are required by law to refrain from communicating with you and/or acting on your instructions, we cannot accept liability for the consequences of our failure to do so.

We may record telephone conversations with or without the use of a warning tone and may use such recordings as evidence for specific purposes or in connection with disputes, as well as for our ongoing quality control and training program. We may also keep a record of all emails sent by or to us. All such recordings and records will be retained in our absolute discretion and are our property and may be used in the event of a dispute. We do not warrant that we will maintain such recordings or records or that we will be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties relating to the business between the parties.

The Company's Resources and the Company's User Account are not intended as a place to store archival data with which the Client will prove to the competent authority the implementation of actions prescribed by the Law, and the Company does not undertake to possess the same archival data and be able to deliver it to the Client. The Client must maintain and store archival data with which he will prove the actions prescribed by the Law within his own resources and premises (both physical and IT, or virtual).

18. Our Intellectual Property

All intellectual property rights in the Application and all content included or available as part of our Services are our property or the property of the Company, its subsidiaries or its licensors and are protected by local and international laws relating to the protection of intellectual property.

In accordance with the provisions of this Agreement, we have granted you a limited license to use the Application, solely for your personal use and benefit in accordance with the Terms and Conditions of this Agreement.

You may not, modify, copy, display, distribute or commercially exploit any of our Intellectual Property Rights or materials, remove any proprietary notices from any of our Intellectual Property Rights, reverse engineer any of our products (that is, reproduce them after careful examination of their construction or composition), attempt to disable, circumvent, modify, defeat or otherwise circumvent any protection system implemented or used as part of the Services.

Unless otherwise stated on the Services or otherwise by the Company, the Services and all content and other materials therein, including, without limitation, the logo and all designs, text, graphics, images, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Content") are the property of the Company.

19. How you can make a complaint or claim

If you are not satisfied with the Service or something is wrong, please contact us and we will try to make it right. Our contact details are set out in Section ‎8.

We will acknowledge receipt of complaints within 24 hours by email. All your complaints will be resolved quickly and fairly.

If you are not satisfied with the way your complaint or grievance has been handled, we will send you a written response with instructions and possible further legal steps.

For more information about our complaints handling process, please visit our website.

The User Account User who has contracted the Service online with the Company has the right to submit his complaint for the purpose of out-of-court alternative dispute resolution via the online dispute resolution platform (ODR platform). The link to the ODR platform is: https://ec.europa.eu/consumers/odr/main. The complaint must contain at least:

• personal data of the Client (name and surname of a natural person or company name if the Client is a legal entity)
• a detailed description of the event/situation or circumstances that caused dissatisfaction and evidence of the grounds for the complaint and
• an address for submitting a response.

The Company does not respond to anonymous complaints.

Missing the deadline for submitting a complaint is interpreted as approval of the allegations in the Company's announcement. The Company is not liable for any adverse consequences caused by the Client's delay in submitting a complaint.

In all disputes between the User Account User and the Company arising in connection with the contractual relationship based on the User Account, the User Account User may submit a proposal for mediation to the Mediation Center at the Croatian Chamber of Commerce (address: Rooseveltov trg 2, 10000 Zagreb, internet address: http://www.hgk.hr/centarza-mirenje/o-centruzamirenje), the Mediation Center at the Croatian Mediation Association (Teslina 1/I, 10000 Zagreb, https://hrvatskaudrugazamirenje.wordpress.com) as well as to any other body competent for alternative consumer dispute resolution. The Company is obliged to participate in the procedure that would be conducted on the basis of such a proposal for mediation. The Company will respond to the User Account User in writing to a duly received complaint within 10 (ten) days from the date of receipt of the written complaint. In cases where the resolution may take longer than expected due to reasons beyond the Company's control, the Company will, within the aforementioned deadline, inform the User Account User of the reasons for the delay and the timeframe (which will not exceed 35 days) in which he can expect a final response.

The Company will conduct an investigation to determine the merits of the complaint or claim and, in the event that the complaint or claim is justified, will act in accordance with the Client's request and legal provisions, i.e. return the amount of the payment transaction increased by the applicable interest immediately, and at the latest by the end of the first business day after receipt of the complaint.

20. Applicable law and jurisdiction

Our Agreement with you is governed by Croatian law. The Croatian courts will have non-exclusive jurisdiction to resolve all disputes or claims arising from or in connection with this Agreement.

21. Miscellaneous

If any court or relevant authority determines that any part of the Agreement is invalid or unenforceable, the remaining parts of the Agreement will remain in force and effect.

If we do not immediately insist that you do anything you are required to do under this Agreement, or if we delay taking action against you in connection with your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us from taking action against you at a later date.

No third party will be able to benefit from or enforce the terms of this Agreement.

The date of receipt of a document will be deemed to be the date on which the document is received by the person delivering the document. In the case of sending a message by email or via the Messages module, the date of receipt will be considered the date when the same message is received on the server through which the Company performs the Service.