User agreement

Article 1 - Parties

On one side, “Servista DOO” (hereinafter referred as "Servista") residing at the “Balšića Br, 47 Podgorica, 81102 Montenegro” (PIB:03366570, registry no: 5-0972406/001) and on the other side; the natural or legal person who purchases SERVISTA services as a Service Provider or Service Customer through Servista's websites https://servista.online/ or https://servista.app/ (hereinafter referred to as the "Member"). Servista and Member will be called separately as "Party" and collectively as "Parties". Parties have accepted this Service and Use Agreement (hereinafter referred as “Agreement”) within the terms and conditions below. The Member who provides services to Service Customers who are Servista members by using the Servista services is solely the "Service Provider" and / or the "Contractor"; The Member who receives service from this Service Provider can be referred to as "Service Customer" and / or "Facility" alone. The Service Provider and the Service Customer can choose the appropriate Servista membership type and benefit from Servista services.

Article 2 - Subject of the contract

The subject of this Agreement is the determination of the rights and obligations of the parties regarding the service that the Member receives from the website of Servista, which includes the features and detailed information in this Agreement.

Article 3 - Service information

This Agreement shall be valid for all services such as servista.online, servista.app, Servista branded applications and other sites, applications, communication tools and advertisements related to Servista and forwarded e-mail and SMS notifications. The Type, Price and Payment Methods of the service are as stated below.

Service Description: Servista is an online platform designed for B2B use to facilitate both Service Providers and Service Customers to carry out the execution processes of the existing / future service supply relationship / contract with each other from a single panel, which companies can use to manage all kinds of services they have received. is a service management and tracking program platform.

Eligibility for the Service: To use Services, it is required to be at least 18 years of age, to have the right and the capacity to act, to have a Servista account created with the real name and surname of the Member or, if it is a legal entity, to be used as a real trade name, and not to be legally restricted before. Creating an account on behalf of third parties or creating an account on behalf of those under the age of 18, creating an account with erroneous information means violation of the terms specified in this contract.

For the institutional competencies of the member institutions, the legal documents to be requested at the membership stage must be provided to Servista correctly. If missing or incorrect documents are detected, even if you have started to receive the Service, the services received may be stopped by Servista.

Membership Accounts: Members are the owners of the accounts they have created with their real name and surname information or, if they are legal entities, with their trade names. Members are responsible for using a strong password and keeping their passwords confidential, not sharing any part of their accounts (eg, links) with third parties, and not violating the provisions of this agreement. This responsibility continues until the Member's account is closed or unless a notification of abuse is made to Servista about the Member's account.

Price of Service: Servista offers 2 different membership options for Service Customers (facilities) and Service Providers (contractors), as detailed in Article 5 of this Agreement. The membership type foreseen for Service Customers is the Facility Platform and the membership type for the Service Providers is the Contractor Platform. Servista does not accept any liability in case of being a member of the faulty platform. There are 4 different package / membership options, namely try-out, basic, advanced, and professional, on both the Facility Platform and the Contractor Platform, each with different pricing. Servista reserves the right to change or terminate the platform names and package / membership options and names. Members can cancel their membership or change packages at any time. In this case, the membership fee collected in advance is not refunded.

Payment: If any of the services provided by Servista is purchased, the Member is deemed to have accepted to pay the applicable fees and taxes. If these fees are not paid, the membership will be terminated and the data of the Member with Servista will be destroyed within 30 days. However, the following provisions regarding payment with this Agreement are also accepted, declared, and undertaken by the Member.

· Foreign currency or price differences may be included in the purchase price, depending on the location of the Member. (e.g. exchange rate)

· Even if the paid service offered to the Member has expired, in order to prevent interruptions in the service offered and to use it in payment transactions for other services that may be purchased, mail order, etc., the payment method (eg credit card) can be stored and collected using this information pursuant to the consent of the Member.

· At the beginning of each subscription period, the fees and taxes applied for that period can be collected automatically according to the payment method selected. For this reason, in order to not cause errors in the payments and to prevent the occurrence of grievances, the Member must make his / her membership cancellation requests before the end of the current membership period. If there is no any automated payment method selected, then the payment will be expected from the member within 7 (seven) calendar days.

· All purchases of the Services are made in accordance with the refund policies and laws established in accordance with applicable local laws.

· Taxes to be paid can be calculated according to the invoicing information provided by the Member during the purchasing process.

However, Members can get a copy of their payment receipts under the "invoice history" section in the Servista account settings.

Article 4 - General provisions

4.1. The parties to this Agreement are Servista and Members; the service starts and takes effect on the date the membership is created, and the payment is transferred to the Servista account. The Service is the sole discretionary authority at the point of accepting or not accepting membership applications and may reject membership applications by showing reason or without showing any reason. Therefore, the member accepts, declares, and undertakes that he waives all rights in advance.

4.2. This contract has been prepared to regulate the terms of use of the service Servista offers to its members. Members who start and / or continue to benefit from the Servista service are deemed to have accepted the terms specified in this Agreement.

4.3. The Member declares that he / she has read and accepted this Agreement both on https://ervista.online and physically. Servista can make changes in the contract; changes will be published on Servista website, and this publication will replace the notification made to the user. The responsibility of following the changes related to the contract belongs to the Member. The service can make changes in the content of the contract if it deems necessary. The member declares and undertakes that he / she accepts these changes beforehand.

4.4. The member accepts, declares, and undertakes that if he becomes a member through the https://servista.online website, he knows that the service can be given to him through a different domain, https://servista.app, and that the domain name in this servista.app belongs to Servista.

4.5. The Parties acknowledge, declare, and undertake that the address of Servista specified in Article 1 of this Agreement and the address specified by the Member when creating a membership are valid notification addresses and that all notifications directed to this address will be deemed valid even if the notifications are returned. In case of a change of address, the member is obliged to notify Servista in writing within 2 working days at the latest. Otherwise, the address specified in this contract will be accepted as the valid notification address.

4.6. The purchased service belongs only to the purchased membership; it cannot be transferred to another membership or to a third party.

Article 5 - Membership types and related service fees

5.1. Servista offers separate membership packages for Service Providers and Service Customers (including Facilities / Contractors) and performs the necessary service in line with the preferences of the Members. Monthly, quarterly, biannual, and annual packages are available for both membership types and the details are given below.

SERVICE CUSTOMER (FACILITY) MEMBERSHIPS

There are 4 different packages for the facilities.

5.1.1. The first package for the facility platform is “free” and 1 user, 1 facility and 1 service provider can be registered in the system indefinitely with this package membership. In this free subscription basic reporting format, instant report delivery by e-mail and single maintenance type use services are also provided.

5.1.2. The second package for the facility platform is the “basic” membership package and its fee is specified in Annex-1. In the basic membership package, 3 users, 10 facilities and 5 service providers can be registered. At the same time, besides all the "free" plan features, the use of photographs in maintenance and additional business reports, notification and reporting via SMS, and specific maintenance types of definition services are provided. If this membership package is purchased as quarterly, biannual, or annual membership, the fee is specified in Annex-1 as a campaign.

5.1.3. The third package for the facility platform is “advanced” package and its fee is specified in Annex-1. In the advanced package, 10 users, 100 facilities, 10 service providers can be registered in the system. This package includes all the above-mentioned "Basic" plan features, analysis center and graphically supported reports and analyzes, customization options specific to the Member's Company (company logo, company colors and wallpapers and a special view for you), one-click inspection services for the maintenance history of the devices. included. If this membership package is purchased as quarterly, biannual or annual membership, the fee is specified in the monthly Annex-1 as a campaign.

5.1.4. The fourth package for the facility platform is the “professional” package, and this package includes special solutions for the management of high-volume works and offers special pricing and privileges for the Member firm structure in line with the demands of the Members. The pricing of this package is based on the offer.

SERVICE SUPPLIER (CONTRACTOR) MEMBERSHIPS

There are also 4 different packages for the contractor platform.

5.2. The first package for the Contractor platform is presented under the name of "Try-out" and its monthly fee is specified in Annex-1. 5 users, 5 facilities, 1 customer can be registered to the system with the introduction package membership. This subscription includes basic reporting format, instant report delivery by e-mail, single maintenance type usage services. If this membership package is purchased as quarterly, biannual, or annual membership, the fee is specified in Annex-1 as a campaign.

5.2.1. The second package for the Contractor platform has the name of "Basic" membership, where the monthly fee is specified in Annex-1 and allows 10 users, 50 facilities, 5 customers to be registered in the system. This membership includes all "Meet" plan features, use of photos in maintenance and additional business reports, notification and reporting via SMS, and the service of defining specific maintenance types for its operation. If this membership package is purchased as quarterly, biannual or annual membership, the fee is specified in Annex-1 as a campaign.

5.2.2. The third package for the contractor platform is named as "Advanced" package and the monthly fee is specified in Annex-1. With this membership package, 25 users, 500 facilities, 20 customers can be registered in the system. All "basic" plan features, analysis center and graphically supported reports and analyzes, customization options specific to the member company (company logo, company colors and wallpapers and a special view for you), one-click inspection service for the maintenance history of the devices are included in this package. If this membership package is purchased as quarterly, biannual, or annual membership, the fee is specified in Annex-1 as a campaign.

5.2.3. The fourth package for the Contractor platform is the “Professional” package, which includes special solutions for the management of high-volume works and offers special pricing and privileges to the Member firm structure in line with the demands of the Members. With this package, all "Advanced" plan features, Member company-specific domain name, Member company-specific account manager, system transport, point identification and technical support services for inventory loading are offered and pricing at different scales according to the number of member facilities, users, and service providers. is carried out.

Article 6 - Payment method

6.1. The Member will pay the fees for the package he has chosen, together with VAT, in accordance with this Agreement. If the membership fees can be collected via virtual pos on the service.online website, the 6.3. According to the Member's choice, the fees are made in cash transfer or via virtual pos on the www.servista.online website within the monthly, quarterly, biannual, or annual payment plan.

6.2. In the event that the Member fails to pay for the service received in the scope of this Agreement on time, Servista reserves the right to freeze or stop the Service until payment and terminate the Agreement unilaterally immediately. In such a case, the Member accepts and declares that he / she cannot claim any rights. In the event that Servista terminates the Contract with a just cause based on this article, the Member shall fulfill the obligations specified in Article 7.3 of this Contract.

6.3. The member can choose the payment plan as a monthly, quarterly, biannual, or annual plan.

One of the following should be selected as the payment method:

✓ Mail order by credit card
In this case, Servista collects the Membership package fee selected by the Member from among those specified in Article 5 of this Agreement by mail order method over the credit card given to it by the Member, and then sends an invoice to the Member. In the event that a fee cannot be collected from the credit card, it informs the Member by e-mail for the following method. If the payment is not completed within 1 business day, the Member will cease to benefit from the Servista services.

✓ Bank transfer
In this case, Servista will the Membership package fee selected by the Member from the article 5 of this Agreement and send it to the Member on the first business day of each month. The fees will be deposited by the Member within 7 (seven) calendar days from the receipt of the invoice to Servista's IBAN account number ME25 5600 0501 0001 0434 42 at the Podgorica Branch of UNIVERSAL CAPITAL BANK (Swift code: UNCBMEPG).

Article 7 - Termination of the contract

7.1. The member will be able to cancel his / her membership or exchange packages at any time. However, in this case, the service fee paid by the Member will not be refunded; In case the package change is upgraded, the Member will pay the difference to Servista in accordance with the provisions of this contract. In case of transitioning to a lower-level package 7.3. the provision of the article will be applied.

7.2. In case the Member violates the provisions of this Agreement, Servista may terminate the membership of the Member or suspend the membership account indefinitely or temporarily, cancel the membership. The rights of Servista arising from the legislation and / or this Agreement are reserved. If there is a damage of Servista due to the violation, it reserves the right to demand compensation from the Member through legal means.

7.3. The Member declares that he / she is aware that the service fees specified in this Contract are determined in return for his commitment to be bound by the Contract throughout the service period. Therefore, in the event that the membership of this Agreement is terminated by the Member as a yearly / campaign, the part of the monthly discount fee paid by Servista, depending on the period promised by the Member, until that date, without the need for any warning, will be paid first in return for the service bill to be issued by Servista it irrevocably accepts, declares and undertakes that it will pay to Servista on demand and in cash.

7.4. In the event of termination of the Agreement for any reason, the Member is obliged to receive all data in Servista within 30 days, and after 30 days, Servista will destroy Member data (username, password, uploaded files, correspondence records, etc.). can. In such a case, the Member acknowledges in advance that Servista has no responsibility, and if he does not receive his data within 30 days, he cannot claim any rights due to the destruction of the data.

7.5 Except for the above cases, the Service may terminate the contract at any time without any justification, suspend the memberships of the Members and cancel the memberships. In such a case (except for the above termination cases), Servista accepts, declares, and undertakes that the price paid by the Member will be refunded to him within the framework of the provisions of the Contract. The member does not have the right to claim compensation for this termination.

Article 8 - Protection of personal data, confidentiality and privacy provisions

8.1. Within the scope of this Agreement, all kinds of database information such as name, surname, e-mail address, confirmation records, contact numbers and addresses recorded by the Member in the Servista systems electronically to Servista and all kinds of database information are sent by Servista to the Member verbally and in writing. or electronically delivered applications, software, codes, programs, documents, information and materials are covered by confidential information and disclosure prohibition.

8.2. The parties will only use confidential information for the purpose for which it was given and limited to this purpose and will not present the confidential information partially or completely to the real or legal third parties or disclose it in any way without the written consent of the relevant party.

8.3. The Parties may only provide confidential information to personnel and third parties cooperating under this Agreement, only in cases of necessity and business requirements, but will warn their personnel and third parties that this information is confidential and take all necessary measures to protect confidential information. One of the parties is obliged to notify the other party of this in writing and obtain the approval of the other party before giving the confidential information to the third person / persons cooperating under this Agreement.

8.4. In cases where confidential information becomes public without a fault of the parties, the confidential information is disclosed to the public by a source other than the Parties, the disclosure of confidential information is legally required pursuant to the legislation in force or a court order or administrative order, and the confidential information is already disclosed to the public beforehand. It is beyond the scope of the information and disclosure prohibition.

8.5. Within the scope of the service, Servista will keep the commercial electronic message transmission records (reports, documents, content, and similar records of the Member) for 3 (three) years from the date of commercial electronic transmission in accordance with the Law and Regulation, and at the end of this period has the right to delete records completely. In addition, it is decided to obtain and store the consent or permissions received from the recipients regarding the commercial electronic messages sent within the scope of this Agreement through the Servista service, and if the person revokes / withdraws his / her consent, as per the Regulation, this consent or approval data shall be 3 It continues to be stored for (three) years. After the expiry of the periods specified in this article and the additional 1-month period to be granted to the Member by the Servista, the parties agree that Servista's obligation to store such data will end and the aforementioned data can be deleted by Servista without any additional liability.

8.6. The Member accepts, declares, and undertakes that, in his capacity as Data Supervisor, he will fully fulfill all obligations stipulated under the GDPR. The Member acknowledges and undertakes that the permissions are obtained from the relevant persons in case it is legally required for the transfer and processing of personal data obtained and shared within the scope of the Contract to third parties in the country and abroad.

8.7. Although Servista is the data controller in terms of personal data related to Service Providers and Service Customers, Service Providers and Service Customers benefit from Servista services, while Servista software is loaded, copied, transferred, etc. Regarding personal data processed by means, it has the title of data processor, since it only provides hosting services. For this reason, Members who are Service Providers and / or Service Customers are responsible for the personal data they upload, transfer, copy or process to the software / Servista servers while using Servista services, and that they are responsible for the personal data they upload, transfer, copy or process on these servers, and that these personal data are required to be hosted on Servista servers. that the relevant persons are informed that the Servista servers are abroad, and their express consent is obtained at the point of transferring personal data abroad, that they will not subject the Servista services and Servista servers to illegal personal data processing activities in any way, otherwise Servista will not be subject to any illegal personal data processing activities. They accept, declare, and undertake that this amount will be compensated in cash and in lump sum in the first written request in the event that they suffer damage or be punished with administrative fines or demand compensation.

8.8. Provided that Servista has the title of "Data Processor" during the performance of the services included in the contract, Servista agrees to fulfill all responsibilities and liabilities imposed within the scope of the definition of Data Processor in accordance with the provisions of GDPR. The Service cannot be held responsible for the transactions or damages that are included in the GDPR and under the responsibility of the Data Controller, and in no way bears the title of Data Supervisor.

8.9. The Service will take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing and access of personal data obtained from the Member or other third parties, and to ensure its protection; It irrevocably accepts, declares and undertakes that it will not disclose such personal data to others contrary to the provisions of this Agreement and will not use such personal data for purposes other than processing.

8.10. Servista's server is on Microsoft Azure, which is abroad. Since Servista provides hosting services to the Member due to the use of Servista software, the Member does not hold the title of Servista data controller regarding the personal data of the Member and entered into the Servista system; It accepts, declares and undertakes that it will obtain explicit consent from the / s and / or act in accordance with the provisions of the GDPR regarding the transfer abroad. At this point, Servista has no legal obligations.

8.11. In the event that any official institution imposes an administrative fine on Servista due to the violation of the obligations of the Member under the GDPR, in case the administrative fine decision is objected, and the objection is rejected and the administrative fine is finalized, the Member shall pay the fee to Servista in cash upon the first request. accepts, declares, and undertakes to pay.

Article 9 - License and copyrights

9.1. Servista grants the Member a right to use the Servista software and services during the subscription period; This right is only a right of use, not as a financial right to transfer or license. The Member states that Servista will only use the website, software, programs, system architecture and system codes of which all rights belong exclusively to Servista, during the term of this Agreement and in accordance with the provisions of the Agreement, that the source codes of the software, interfaces, system architecture and system will not copy, duplicate, sell, transfer, change, disseminate, make available to the public in any way, make changes in its content, convert or reverse engineer the code in whole or in part, directly or indirectly. will not apply and use outside the scope of this Agreement, will cover all damages Servista may incur if it violates the provisions of this article, and will also pay a penal clause of $ 100,000 (one hundred thousand American Dollars) as a penal clause attached to the performance upon the first written request. accepts and undertakes its curvature.

9.2. Servista reserves all intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

9.3. The Member accepts and undertakes that it will not use technical and commercial ideas regarding Servista illegally, will not be shared with third parties, will not copy in a way that constitutes unfair competition, and will not produce similar products.

9.4. Notwithstanding the other provisions of this Agreement, effective from the date of termination or expiration of this Agreement, the Member shall no longer be entitled to use any part of the Servista service.

9.5. The Member accepts, declares, and undertakes that he will not violate any legitimate rights of Servista and third parties, especially intellectual and industrial property rights and personal rights, while using Servista services, otherwise he will be solely responsible for the damages of both third parties and Servista.

Article 10 - Other provisions

10.1. One of the parties cannot transfer its rights and obligations arising from this Agreement, directly or indirectly, partially, or completely, to third real or legal persons without the written consent of the other party.

10.2. The Member shall transmit all kinds of requests and warnings regarding the services subject to this Contract to Servista in writing (by fax, registered electronic mail (KEP), registered mail, notary channel) Servista will not be responsible for any malfunctions and delays that may occur in the service subject to this Agreement due to warnings and requests not made in writing. Unless one of the parties notifies the other of the change of address in writing, notifications made to the addresses of the parties written in this Agreement will be valid. Notifications to be made by the Servista through the Contractor and / or Facility platforms will also be deemed a valid notification in accordance with this article.

10.3. To the extent permitted by applicable Laws and if Servista is not a party to a separate written agreement that will invalidate this agreement, loss of profit, loss of business opportunity, loss of reputation (e.g., offensive and defamatory statements) in accordance with the provisions of this Agreement. , data loss (eg system failure or loss, use or alteration of your information or content) or indirect, incidental, binding, special or punitive damages.

10.4. Servista and its affiliated companies are not liable against the Member for the total amount paid by the Member or for the loss amounts exceeding 1000 TL for the services provided by the Member within the framework of the provisions of this Agreement and during the term of this Agreement.

10.5. Member; Acknowledging that Servista and its affiliated companies do not provide any commitments and guarantees regarding the services it will provide, including the commitment to be uninterrupted and error-free, and that it will provide the services (with content and information) "as is" and "as long as they are available" and undertakes. To the extent permitted by applicable law, Servista and its affiliates disclaim all warranties, whether implied or statutory, including implied warranty of property, accuracy of data, infringement for a particular purpose, trade, or fitness.

10.6. Member; acknowledges, declares, and undertakes that he / she knows that he / she should not do the following items and that he / she knows that all responsibility belongs to him if he / she performs one of the items stated below:

✓ Creating a false identity on the Service, misrepresenting yourself, creating a member profile on behalf of someone other than yourself (a natural or legal person), or using someone else’s account or attempting to use it.

✓ Develop, support, or use software, devices, scripts, robots or other tools or processes (browser, browser plug-in and plug-in or any other technology) to obtain the Services, access data for which you do not have your permission, or copy profiles and other data from the Services.

✓ Invalidate any security features or circumvent or disable access control or Service usage limits (capitalization in keyword searches);

✓ Copying, using, disclosing, or distributing the information obtained from the Services, directly or through third parties, without the consent of Servista.

✓ Disclosure of information that you do not have the right to disclose (for example, confidential information of other companies (including your employer));

✓ Violation of intellectual property rights of other companies, such as copyright, patent, trademark, trade secret, or other proprietary rights.

✓ Infringement of Servista intellectual property or other rights, without limitation (i) copying or distributing educational videos or other materials, or (ii) copying or distributing our technology unless published under open-source licenses; (iii) Using the word "Servista" or its logos in any company name, e-mail, or URL.

✓ Submission of anything containing software viruses, worms, or other malicious code.

✓ Reverse engineer, decompile, parse, decode, or attempt to obtain source codes for services or related non-open-source technology.

✓ Unless expressly permitted, implies or acknowledges that you are affiliated with or have been approved by Servista (eg, presenting yourself as a certified Servista trainer);

✓ Rent, lease, lend, sell, or otherwise redeem the Services or related information or access to data, without the Service's consent.

✓ Deep connection with our Services for any purpose other than promoting your company profile or a Group in our Services without the consent of Servista.

✓ Monitoring the availability, performance, or functionality of the Services for competitive purposes.

✓ “framing”, “mirroring”, or otherwise imitating the look or function of the Services.

✓ Disabling or otherwise altering the Services or their views (such as adding an item to the Services or removing, closing or blocking an advertisement on the Services);

✓ Preventing the Services from running or applying a load that exceeds reasonable limits (e.g. spam, denial of service attack, virus, game algorithms)

10.7. The stamp tax and other taxes, duties, fees, etc. financial obligations arising from the signing of this Agreement shall be borne by the Member.

10.8. Montenegrin Courts and Execution Offices are authorized to resolve disputes arising from this Agreement.

10.9. By using or applying to use Servista online services, all members are automatically accepting this user agreement.