Article 1. Subject of the Terms
1.1. By submitting a request to activate the KigoCloud service (hereinafter: the Service), the business user (hereinafter: the User) accepts these Terms of Use of B.I.D. GRUPA d.o.o., OIB: 40985193097, and Symmetrie d.o.o., OIB: 49942588956 (hereinafter: the Service Provider) for using the KigoCloud service (hereinafter: the Terms). The request is submitted via the Service Provider’s website or in written form, by selecting and ordering the Service.
1.2. Under these Terms, the Service Provider shall provide the User with the following services as part of the Service:
– Data transmission and storage on the servers of the Service Provider, sent by the KigoCloud application through an intermediary Internet access device (hereinafter: the Device) provided at the location where the User uses the Service, and
– Use of an internet application hosted on the Service Provider’s servers, which enables the User to monitor past Service usage in real-time via a user web interface (Application Solution), for the purpose of fiscalization of the User’s business activities, in accordance with the Fiscalization Act. The User may access business data through the KigoCloud application using any fixed or mobile electronic communication network that allows Internet access, through a personal computer or another Device that meets the minimum technical requirements necessary for the Service to function properly.
1.3. Upon receiving the request for activation as per paragraph 1.1. of this Article (hereinafter: the Request), the Service Provider will notify the User by email (to the address provided in the Request) of the acceptance or rejection of the Request and will assign unique access credentials.
1.4. The Service Provider may reject the Request if, during any previous contractual relationship with the Service Provider, the User has misused the Service or any part thereof, or used data from the Application Solution contrary to their intended purpose or contractual function.
1.5. The contract for use of the Service is considered concluded once the Service Provider accepts the User’s Request. These Terms, together with the Request and the applicable Price List for Service Users (hereinafter: the Price List), constitute the Contract for the use of the Service.
1.6. The following annexes form an integral part of these Terms:
Annex 1 – Prices and packages available on the user website;
Annex 2 – Contact via the user website.
1.7. In case of discrepancies between the provisions of this main part of the Terms and the provisions of Annexes 1 and 2, the provisions of this main part shall prevail.
Article 2. Terms and Definitions
2.1. For the purposes of these Terms, each of the following terms and definitions shall have the meanings indicated below:
Service: A cloud-based service (CLOUD model) accessible via a web browser, provided by the Service Provider to the User as defined in the Agreement, through the user web interface.
User: A legal entity that enters into a contract with the Service Provider for the use of the Service for business purposes.
User Data: All data processed through the interface using the Service that directly or indirectly relates to the User.
Access Credentials: The rights and means by which the User can access the Service via any internet connection, enabling the display of data within the Service and communication with the server.
User Account: The rights and ability of the User to use the Service based on each assigned username and password (in a specific quantity).
Article 3. Manner of Providing the Service
3.1. The Service Provider delivers the Service to the User, which is accessed and used through an internet address provided by the Service Provider via email, as stated in the Request.
3.2. Access to the Application Solution requires an internet connection. The User is solely responsible for securing their own internet access according to their needs and capabilities.
3.3. To use the Service correctly, the following internet browsers are required: Mozilla Firefox or Google Chrome, unless the Service Provider publishes an exception on its website.
3.4. The Service may be accessed via any legal method of internet access that meets the minimum technical requirements.
Article 4. Obligations of the Service Provider
4.1. The Service Provider is obligated to maintain the Application Solution. Maintenance includes, without limitation, all actions necessary for proper functionality as well as the provision of patches to ensure compliance with legal obligations related to the User’s business activity.
4.2. The Service Provider agrees to provide the User with instructions for using the Service in electronic format.
4.3. The Service Provider will make every reasonable effort to resolve a User’s issue/inquiry related to the Service as soon as possible from the moment the issue/inquiry is reported by an authorized representative of the User, provided that the issue/inquiry is reasonable and solvable. The User is obligated to report the issue to the Service Provider immediately upon detection through the user website.
Article 5. Obligations and Responsibilities of the User
5.1. The User is responsible for the proper and secure handling of the User Account provided by the Service Provider. This includes, but is not limited to, ensuring compliance with the applicable laws of the Republic of Croatia and these Terms by any individual to whom the User has granted access to the User Account for the purpose of using the Application Solution or the Service.
5.2. For clarity, the User is solely responsible for any action and/or omission related to the Application Solution or Service, in accordance with these Terms, the Service Provider’s instructions, and applicable Croatian law, by any individuals who have been granted access to the User Account by the User.
5.3. The User agrees to provide accurate and complete information necessary to use the Application Solution or the Service. The User is solely responsible for maintaining the confidentiality and security of the username and password provided by the Service Provider and for ensuring the proper use of their User Account in accordance with Croatian law and these Terms. If the User suspects or becomes aware that their username and/or password, or the User Account itself, has been compromised or accessed without authorization, they must immediately notify the Service Provider via the user website.
5.4. When processing personal data through use of the Application Solution or Service, the User is responsible for complying with all obligations under applicable data protection regulations for data controllers.
5.5. The User is not authorized to use the Service name or any trademarks used by the Service Provider.
5.6. The User shall be liable to the Service Provider and must compensate any damage caused to the Service Provider or third parties through improper and/or unauthorized use of the Service name or other trademarks used by the Service Provider.
5.7. The User agrees to promptly update all required information for the use of the Application Solution or Service to ensure that it is accurate and complete. Failure to provide or update such information may result in temporary suspension or termination of the User Account or the Service.
5.8. User Data, including content sent to the Service Provider’s servers by the User’s application, as well as any content submitted, stored, or otherwise processed through the Application Solution or Service, is the sole responsibility of the User. This means the User is entirely responsible for all data/content submitted, uploaded, downloaded, posted, transmitted, stored, or made available in any way through the Application Solution or Service. The Service Provider does not review nor is responsible for the User’s data/content, and cannot guarantee its accuracy, legality, or quality. If the Service Provider becomes aware or receives information that the User’s data/content is unlawful, it will immediately block or delete it from the server in accordance with regulations. The Service Provider shall not be liable for any damage caused to the User or third parties as a result.
5.9. The User agrees to use the Application Solution and Service solely for their own business needs and in a way that does not compromise the functionality or performance of the Service, Application Solution, or Service Provider’s servers. The User guarantees to use the Application Solution and Service in accordance with these Terms, the Service Provider’s instructions, and applicable Croatian laws, and will follow internet behavior standards. The User also guarantees that any data stored on the Service Provider’s server will not infringe third-party copyrights or any laws of the Republic of Croatia. Any actions contrary to this paragraph or to clauses 5.7 and 5.8 will result in termination of the User Account and connections, and the blocking or deletion of the User’s data. In such cases, the Service Provider will not be liable for any resulting damages.
5.10. The User performs all installation and related actions with the Device, required for Service use, at their own risk. These actions include: installing internet access equipment, connecting equipment to the internet, diagnostics, tamper detection, fault detection, installation/removal/replacement of equipment, or connecting the equipment to public internet. If the User performs any of these actions independently or in unsuitable conditions, the Service Provider does not guarantee the functionality of the Service and shall not be liable for any damage resulting from such actions.
5.11. The User must ensure the availability of Devices configured in a way that enables proper functioning of the Service.
Article 6. Data Retention and Use of User Data
6.1. The User acknowledges and agrees that the Service does not include permanent storage of User Data within the Application Solution. Business data entered via the application will be retained in the Application Solution for the entire duration of Service usage and no longer than thirty (30) days after deactivation of access credentials. Within this thirty-day period following service termination, the User may export and store their data locally.
6.2. The Service Provider may use the data for further optimization of its products and services. Third parties may have access to the data only if they are engaged in a project in cooperation with the Service Provider.
Article 7. Pricing and Payment Terms
7.1. For using the Service, the User is obligated to pay an annual fee per username as defined in the Request and according to the valid Price List. Billing for the Service begins at the moment of Service activation, which starts upon the Service Provider’s acceptance of the User's Request, i.e., upon activation of access credentials. The valid Price List is available at www.kigocloud.com.
7.2. Data transfer required to access the Application Solution via the internet is not charged under these Terms but is subject to the data transfer rates defined by the User’s internet service provider.
7.3. The Service Provider reserves the right to change the Price List without prior notice and may grant a “trial period” within the Application Solution.
7.4. One working hour is required for Service installation. This installation cost is covered by the Service Provider if the User pays the annual fee according to the current Price List; otherwise, the installation cost is borne by the User.
Article 8. Right of Use
8.1. The Service Provider grants the User a non-exclusive, personal, and non-transferable right to use the Application Solution exclusively for its own business needs within the territory of the Republic of Croatia. This includes all versions, updates, and new releases of the Application Solution for the duration of the Service Agreement. The procedure for using the Service is described in Annex 1 of these Terms.
8.2. The User may not modify, decrypt, decompile, or otherwise alter the function or operation of the Application Solution.
Article 9. Liability for Legal Deficiencies
9.1. The Service Provider confirms that it is authorized to grant the User the right to use the Application Solution within the scope of the Service, under the conditions defined in these Terms.
9.2. Both parties shall be liable to compensate each other for any damage incurred as a result of claims, proceedings, liabilities, damages, costs, or expenses arising from any infringement of patent rights, copyrights, licenses, trade secrets, trademarks, or other intellectual property rights of third parties, provided that the party is found liable for such infringement.
9.3. In the event a claim is made or proceedings are initiated due to an alleged or actual infringement of rights as described in the previous paragraph—or if the Service Provider reasonably expects such proceedings to arise—the Service Provider may, at its own expense, take necessary and feasible measures to avoid the infringement or potential infringement in the continued provision of the Service. This may include modifying or replacing the relevant part of the Service, or securing the appropriate rights to permit continued use. If such measures resolve the claim or risk of infringement, the Service Provider shall bear no further liability.
Article 10. Warranty Limitations
10.1. The Service is provided to the User on an “as is” basis. The Service Provider does not guarantee that errors will not occur in the use of the Service, the Application Solution, and/or the Service Provider’s server, or that there will be no interruptions or failures that may result in data loss. The Service Provider will take all reasonable steps to resolve any malfunction as quickly as possible. The Service Provider shall not be liable for any loss of User Data resulting from such events.
10.2. Furthermore, the Service or any of its components may be unavailable at certain locations or during specific periods due to internet access interruptions that are outside the Service Provider’s responsibility or control.
10.3. The Service Provider is not responsible for reduced performance or inability to use the Service caused by differences among internet browsers, versions of the same browser, or additional browser extensions/add-ons. The Service Provider does not guarantee compatibility with any specific browser or browser version.
10.4. The Service Provider does not guarantee the accuracy, completeness, or reliability of the information on the website www.kigocloud.com, nor the accuracy or completeness of messages sent to users via email or SMS. It also does not guarantee that the website will be error-free or that the Service will be available and uninterrupted at all times.
Article 11. Liability for Damages
11.1. In cases where damage is caused intentionally by either party during the performance of contractual obligations, the liability of the parties shall be unlimited.
11.2. In all other cases, the total liability of the Service Provider for damage suffered by the User due to breach of the Service Provider’s obligations under these Terms (whether by action or omission) shall be limited to ordinary damages in an amount not exceeding half of the annual fee paid by the User for the Service in accordance with these Terms. The Service Provider shall not be liable for indirect damages, including but not limited to loss of profit, lost opportunity, non-material damage, unnecessary costs, loss of data, or third-party claims. The Service Provider shall also not be liable for any damage to equipment necessary for using the Service if caused by actions of unauthorized third parties or the User.
Article 12. Termination of the Contractual Relationship
12.1. The Service Provider may terminate the Service Agreement by providing written notice to the other party, with a notice period of thirty (30) days. The User may also terminate the Service Agreement by sending written notice to the other party, observing the same thirty (30) day notice period.
Article 13. Assignment
13.1. The Service Agreement is binding upon the parties and their universal legal successors. Neither party may assign this Agreement, or transfer any of its rights or obligations under it to any third party, without the prior written consent of the other party. The Service Provider and the User agree that such prior written consent shall not be unreasonably withheld, particularly in cases of assignment to affiliated companies.
Article 14. Partial Invalidity
14.1. If any provision of these Terms becomes illegal, invalid, or unenforceable under applicable law, such circumstance shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.
14.2. The Service Provider and the User agree that any provision that becomes illegal, invalid, or unenforceable shall be replaced by a lawful, valid, and enforceable provision that, to the greatest extent possible, reflects the economic purpose and original intent of the invalid provision.
Article 15. Governing Law and Dispute Resolution
15.1. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Croatia.
15.2. The Service Provider and the User agree to attempt to resolve any disputes arising from or related to these Terms amicably. In the event an amicable resolution cannot be reached, the court in Rijeka shall have jurisdiction over all disputes.
Article 16. Final Provisions
16.1. These Terms replace all previous oral or written agreements, as well as any other direct or indirect arrangements between the Service Provider and the User relating to the subject matter regulated by these Terms.
16.2. These Terms will be published on the official website of the Service Provider and shall enter into force on the date of publication.
16.3. The Service Provider reserves the right to amend these Terms.
16.4. For all matters not regulated by these Terms, the applicable laws of the Republic of Croatia shall apply. In all unresolved or unregulated matters, the parties agree to resolve disputes in a spirit of good cooperation.
