User Agreement
1. Subject Matter
1.1. Basic Information
This User Agreement (this ‘Agreement’ or ‘Terms of Service’) govern the relationship between you (‘you‘, ‘your’ or
‘yourself’) and the Platform Operator (the ‘Company’, ‘we’, ‘us’ or ‘our’) whenever you access or use the ZajamNajam Platform and any related Services we make available (collectively, the ‘Services’) via our website at zajamnajam.com or any other websites, applications or services controlled by us that link to this Agreement.
1.2. Platform Function
The ZajamNajam Platform enables Users to publish, offer, and search for listings
and requests. Depending on their activities on the Platform, Users may be
referred to in this Agreement as Hosts, Guests, Sellers or Buyers. These
designations are intended to describe a specific relationship between Users,
used solely for clarity and compliance, and do not imply any agency,
partnership, or fiduciary relationship. For precise definitions of these terms,
please see the Definitions section of this Agreement.
1.3. Synonyms
For the purposes of this Agreement, terms
such as User Agreement, Terms of Service, and/or Terms and Conditions might be
used interchangeably. All references to any of these terms shall be understood
to mean this legally binding Agreement between you and us.
1.4. Owner of the Platform – Legal Information
The Platform operator is the company Puls
Invest doo, with headquarters in Niš, Republic of Serbia, company registration
number: 21376221, tax number 110688215.
1.5. Purpose of this Agreement
The purpose of this Agreement is to provide
a framework governing the use of our Services and brand, as well as your use of
our website. Your use of our Services is governed by this Agreement regardless
of how you access the Services.
1.6. Acceptance
By using these Services,
including clicking a button or checkbox to indicate acceptance, or by reviewing
this Agreement in any way, you confirm that you agree to its terms. You also
confirm that you have the necessary rights and authority to enter into this
Agreement on behalf of yourself and if applicable, any organization or
representatives you act for. If you do not agree with any part of this
document, please discontinue use of this platform.
1.7. Relationship to Other Contracts
Agreement is intended to
complement any existing contract and carries the same legal weight as its
provisions. If you have a separate contract with us that includes specific
terms, those terms will take priority. In all other respects, this User
Agreement will govern any areas of our relationship not covered by that
separate contract.
1.8. Parties
You and ZajamNajam may be referred to herein
collectively as the ‘Parties’ or individually as a ‘Party’.
1.9. Compliance
We operate globally. All Users are
responsible for complying with their own local laws and regulations, in
addition to these terms. Specific references stated and included below in
relation to applicable law are intended for baseline compliance and dispute
resolution methods; keep in mind that local obligations may vary.
2. Definitions
2.1. The definitions for some of the defined terms used in this Agreement are set forth below. The definitions for other defined terms are set forth and explained elsewhere in these terms. All terms in this Agreement expressed in the singular include the plural and vice versa:
2.1.1. Agreement or User Agreement means the Agreement comprising these terms which apply to you.
2.1.2. Affiliate means any respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, joint ventures, parent companies, subsidiaries, affiliates, agents, representatives, predecessors and successors of a legal entity.
2.1.3. Account means a unique profile created by a User to access and utilize the Services, which may include personal information, login credentials, and transaction history.
2.1.4. Account Holder means the individual or legal entity that owns and manages an Account and is responsible for all activities conducted through such Account as well as your employees, contractors or agents, authorized by you to access and use the Services pursuant to this Agreement. You are responsible for the acts and omissions of your authorized Users and any other person who accesses and uses the Services on your behalf including the use of your access credentials.
2.1.5. Buyer or Buyers means any individual or legal entity that seeks to purchase, rent, lease, or otherwise obtain goods, property, vehicles, equipment, or services from another User in connection with the Platform (whether a transaction is completed on or off the Platform). A Buyer is responsible for providing accurate information, complying with applicable laws, and fulfilling any obligations under any agreement entered into with another User.
2.1.6. Compliance means adherence to all applicable laws, regulations, industry standards, and contractual obligations governing the use of our Services in accordance with applicable law.
2.1.7. Content means any text, images, videos, audio files, data, or other material uploaded, posted, transmitted, or otherwise made available through the Services by Users, registered Users, or third parties
2.1.8. Data means any fact presented in a formalized form, such as a number, image, or word, and includes personal data as defined under applicable data protection laws, including, where applicable, Article 4(1) of the General Data Protection Regulation (EU) 2016/679 (GDPR) and Article 4 of the Serbian Law on Personal Data Protection (Official Gazette of the Republic of Serbia no. 87/2018).
2.1.9. Guest means any individual or legal entity that books or reserves accommodations through the Platform. A Guest is responsible for providing accurate information, complying with house rules and applicable laws, and fulfilling payment and other obligations under any rental Agreement concluded with a Host.
2.1.10. Host means any individual or legal entity that lists, offers, or provides accommodation for temporary or long-term rental through the Platform. A Host is solely responsible for the accuracy of its listings, compliance with applicable laws (including hospitality, tourism, tax, and safety regulations), and fulfillment of obligations under any rental Agreement concluded with a Guest.
2.1.11. Incident means any event that disrupts normal operations or compromises the security, integrity, confidentiality, or availability of the Services or data.
2.1.12. Intellectual Property (IP) means intangible assets and legally protected rights arising from original creations of the mind. This includes, but is not limited to, copyrights, patents, trademarks, trade secrets, design rights, and proprietary know-how, whether registered or unregistered.
2.1.13. Know-how means practical knowledge, skills and expertise that may not be formally registered but are essential to the development and operation of technologies.
2.1.14. Law means all applicable statutes, regulations, ordinances, decrees, rulebooks, and any binding acts issued by government authorities that govern the Services or their use.
2.1.15. Maintenance means activities performed to develop, update, patch, fix, monitor, secure and ensure availability and performance of the Services.
2.1.16. Platform operator means the legal entity that owns and manages the Platform and provides access to its functionalities as a platform provider. The Platform Operator enables Users to publish listings and communicate with each other and may offer reservation/booking tools and payment-related features where available. The Platform Operator is responsible for maintaining the technological infrastructure necessary for the Platform’s operation. The Platform Operator is not a party to any agreement or transaction between Users (including sales, rentals/leases, services, or employment arrangements) and does not act as a Seller, Buyer, Landlord, Tenant, Employer, Broker, Agent, Intermediary, or Representative of any User in relation to User-to-User transactions. Any fees charged by the Platform Operator relate solely to the use of the Platform and its features and do not make the Platform Operator a party to User-to-User agreements.
2.1.17. Reservation means the act of booking accommodation through the Platform, whether payment is made immediately or later.
2.1.18. Rental of Accommodation means the act of offering, listing, or providing lodging or housing for temporary or long-term use through the Platform, including setting rental terms, managing availability, and facilitating Reservations and payments. Hosts must comply with hospitality laws and regulations under the applicable law.
2.1.19. Seller or Sellers means any individual or legal entity that offers to sell, rent, lease, provide, or otherwise supply goods, property, vehicles, equipment, accommodations, or services to another User in connection with the Platform, whether the resulting transaction occurs on or off the Platform. A Seller is solely responsible for the accuracy, completeness, and legality of any information or content it provides on or through the Platform, for complying with all applicable laws and regulations in relevant jurisdictions, including without limitation consumer protection, tax obligations, and sector-specific requirements, and for fulfilling all contractual obligations under any agreement entered with another User. The Platform does not verify compliance and is not a party to any agreement between Users.
2.1.20. Service or Services means the functionalities, features and resources we provide, including Hosting of listings, search options, booking, payment facilitation, messaging and customer support.
2.1.21. Terms or Terms of Service means this Agreement, including all policies and guidelines incorporated by reference and any amendments we publish.
2.1.22. Third Party or Third Parties means any person or entity other than the User, the registered User or us, including payment processors, identity verification vendors and analytics providers.
2.1.23. Transaction means any exchange, booking, payment or other interaction conducted through the Services.
2.1.24. Use means accessing, browsing, registering, listing, booking, communicating or otherwise interacting with or benefiting from the Services
2.1.25. User or Registered User means any individual or entity that registers for and uses the Services in accordance with this Agreement.
2.1.26. Website means our online Platform, including subdomains, mobile applications and related digital interfaces through which the Services are provided.
2.1.27. You means the individual or entity accessing or using the Services.
3. Scope of Services
3.1.
Platform Overview
We operate a digital venue
where Users can post listings, search for goods, services, or accommodations,
and communicate with one another. Others can discover, select, and make
reservations or purchases. We might refer to Seller and Buyers as Hosts and
Guest in terms of accommodation rental Services. As an intermediate
marketplace, the Platform enables Sellers to list goods, Services, or
accommodations and Buyers to discover, select, reserve or purchase such
offerings. Unless expressly stated otherwise, the Platform Operator does not
act as Seller or Buyer, does not own or control the listed goods or Services,
and is not a party to any contract concluded between the Seller and the Buyer.
3.2.
Scope of Services
We provide technological
tools for listing, search, communication, reservation and payment facilitation,
but we do not guarantee the quality, legality, or performance of any goods, services
or accommodation offered by Users, to the extent permitted by applicable law. Users
are responsible for ensuring that their activities comply with their local laws
and regulations, including those related to consumer protection, taxation, and
any industry-specific requirements. Please note that we do not assume liability
for local compliance obligations of Users.
3.3.
Accommodation Services
We operate an intermediary digital marketplace designed to facilitate connections between property owners
or managers (‘Host’ or ‘Hosts’) and individuals or legal entities seeking
accommodations (‘Guest’ or ‘Guests’). Through our Platform, Hosts can publish
accommodation listings, and Guests can search for, request and book short-term
or long-term stays (‘Reservation’).
3.4.
Our Role
Unless expressly stated
otherwise in a separate written agreement, the Company is not a participant,
organizer, buyer, seller, employer, broker, agent, intermediary,
representative, beneficiary, or other interested party in relation to
transactions between Users (including, but not limited to, sales, purchases,
rentals, leases, services, accommodations, vehicle deals, employment or gig
arrangements, and any other category of User-to-User transaction), and it is
not a party to any agreement formed between Users. For the avoidance of any
doubt, the Company is not acting as a real-estate broker, auctioneer, insurer,
travel agency, property manager or similar regulated role.
4. Services: Access, Use and Rules of Conduct
4.1.
Limited Right of Use
By accessing our Platform,
you are granted a limited, non-exclusive, non-transferable, non-sublicensable
right to use our Platform and Services solely for lawful and authorized
purposes. All rights not expressly granted remain with us.
4.2.
Ownership
We are the owner of the
Platform, Services and related documentation and retain all title and
proprietary rights thereto. You neither own nor will you acquire any claim or
right or ownership to any available Services or associated content.
4.3.
Permitted Use
You agree to use the Services only for purposes that are:
(a) consistent with this Agreement, applicable law, industry standards and regulations as well as any additional policies and guidelines issued by us;
(b) related to listing, posting requests, discovering, communicating, negotiating, reserving/booking (where available) or otherwise managing permitted offerings;
(c) not harmful to the integrity, security, or functionality of the Platform.
4.4.
Prohibited Use
You shall not at any time
and shall not permit any Third Party to, directly or indirectly:
(a) use the Services in any manner beyond the scope of rights expressly granted in this Agreement;
(b) use the Services for any unlawful, fraudulent, or malicious activity;
(c) interfere with or disrupt the integrity, performance, or security of the Platform, or any data or content contained therein or transmitted thereby;
(d) modify or create derivative works of the Services, in whole or in part;
(e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any component of the Services, in whole or in part;
(f) frame, mirror, sell, resell, rent or lease the Services to any Third Party, or otherwise enable any Third Party to use the Services;
(g) use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right (registered or unregistered), either our or any Third Party’s intellectual property right, or violates any applicable law;
(h) use the Services provided or any other confidential information for benchmarking or competitive analysis with respect to competitive or related products or Services, or to develop, market, license, or sell any product, service or technology that could, directly or indirectly, compete with our Platform and its Services;
(i) use scraping techniques to mine or scrape data from the Services;
(j) use the Services to transmit harmful code, file, scripts, agents or programs, including but not limited to, viruses, worms, time bombs or Trojan horses or otherwise engage in any activity that could harm the system supported by the Platform;
(k) make false or misleading claims about service performance or guaranteed returns; and
(l) use our Services, or our name, trademarks, service marks, trade dress, or other branding in any marketing or promotional activities or materials that are false, misleading, deceptive or likely to cause confusion as to affiliation, sponsorship, partnership, endorsement, or approval by us, unless you have our prior written consent.
4.5.
Content
Restrictions
You must not post, transmit
or otherwise make available through or in connection with the Services any
content or materials that are or may be:
(a) threatening, abusive, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights of other individuals and entities;
(b) defamatory, fraudulent or otherwise liable;
(c) obscene, indecent or otherwise objectionable; or
(d) protected by copyright, trademark, trade secret, right of privacy or any other proprietary right, without the express prior written consent of the applicable rights owner.
4.6.
Service Availability
The Services and the
Website are provided on an “as is” and “as available” basis. We do not
guarantee that the Services will be available at all times or that access will
be uninterrupted, timely, secure, or error-free. We may suspend, withdraw, or
restrict the Services (in whole or in part) at any time for maintenance,
upgrades, security, capacity limitations, legal or regulatory reasons, or other
operational reasons.
4.7.
Monitoring Compliance
We have the right to
monitor your compliance with this Agreement and your use of the Services
generally. We reserve the right to suspend or terminate access to Services if
any prohibited use is detected or suspected.
4.8.
Third Party Services
Certain features and
functionalities within the Services may enable you to interface or interact
with, access, or use compatible Third Party Services, products, content,
technology and software through or integrated with Services. We do not provide
the Third Party Services and are not responsible for any compatible issues,
errors, or bugs in the Third Party Services, caused in whole or in part, or any
update or upgrade thereto. Your use of these Third Party Services is at your
own risk. You are solely responsible for obtaining any associated consents
and/or licenses to the extent necessary for you to use the Third Party Services
in connection with the Services. Your use of Third Party Services may be
subject to separate Agreements/Terms of Service/Terms and Conditions set forth
by the providers, separate fees and charges or a separate Privacy
Policy/Privacy Notice. You are responsible for understanding and complying with
any such terms.
4.9.
Content Removal
We may, at our reasonable
discretion, remove, restrict, or disable access to any content or feature on
the Platform, its associated applications, or official communication channels
under our control if we believe that such content violates this Agreement,
applicable law, or is otherwise harmful, misleading, objectionable, unsafe,
spam, or creates legal or regulatory risk. These measures are intended to
protect Users, maintain the integrity of the Platform, and ensure compliance
with applicable standards.
4.10.
Service Notices
If we find out or reasonably suspect that you are infringing any terms of this Agreement, we shall notify you via email, in-product notifications, or other reasonable means, and request that you take appropriate action or cease all problematic activities. If you fail to comply with a service notice within the time period set forth in it, we may block your access to the Services until the requested action is taken. We may suspend your access immediately if your use can:
(a) create a security risk;
(b) violate applicable laws or regulations;
(c) breach the terms of this Agreement; or
(d) subject us or any Third Party to liability.
4.11.
Contact
If you have difficulty accessing, using or wish to inquire about our Services or incorporate customized Services, please contact us at support@zajamnajam.com.
5. Accounts: Registration, Compliance & Security
5.1.
Account Creation
To access most features of
our Platform, including but not limited to, listing offerings and
accommodations, you must create an Account. When registering, you agree to
provide accurate, complete, and up-to-date information and to maintain such
information throughout your use of the Services. Providing false or misleading
information may result in suspension or termination of your Account.
5.2.
Accountability
You are solely responsible
for all activities conducted under your Account, including any actions taken by
third parties who gain access to your account, either with or without your
permission. This responsibility includes liability for any damage, loss or harm
caused by unauthorized use. If you suspect that your Account has been
compromised or accessed without your authorization, you must notify us
immediately. We may require additional information or verification to confirm
your identity and ownership of the Account.
5.3.
Eligibility
You must have reached the
age of majority and possess the legal capacity to enter into binding contracts
under the laws of your country of residence. If you register on behalf of a
legal entity, you represent and warrant that you have authority to bind that
entity to this User Agreement.
5.4.
Know Your Customer (KYC) Procedures
We reserve the right to request identity verification or supporting documentation as part of the account creation and/or any time to verify your identity, validate information you provide, prevent fraud, investigate suspected violations, enforce this Agreement or comply with applicable legislation. We reserve the right to request identity verification or supporting documentation at any time to:
(a) confirm your identity and ownership of the Account;
(b) comply with applicable laws and regulations, including anti-money laundering, counter-terrorist financing, and sanctions screening requirements;
(c) prevent fraud, unauthorized access, or misuse of the Platform; and
(d) maintain the integrity and security of our Services.
5.5.
Identity Verification Methods
Identity verification may
include, but is not limited to, government-issued identification, proof of
address, payment method validation, or other documentation reasonably required
under applicable law. Failure to provide requested information within the
specified timeframe may result in suspension or termination of your account and
cancellation of pending reservations or transactions.
5.6.
Credential Security
You agree to maintain the
confidentiality of your login credentials and not share them with third
parties. We recommend using strong passwords and enabling any security
features. We shall not be liable for any losses, damage or harm from your
failure to safeguard your credentials.
6. Host terms, Listings & Rental Agreements
6.1.
Scope of Application
This section applies only
to accommodation listings and Host-Guest rental agreements.
6.2.
Rights of Hosts
As a Host, you are granted
the right to use our Platform in accordance with this Agreement and offer your
listing to our global community of Guests. Registering as a Host and by creating
a listing, you retain full control over your listing which includes setting
your own prices, house rules, and availability for each property.
6.3.
Responsibilities of Host’
You are solely responsible
for all your own actions and the activities of individuals and entities you
involve in delivering your Hosting Services. By using our Platform, you agree
that you are aware of all risks associated with activities and interactions you
have with other members, whether online or in person. You acknowledge that you
had the opportunity to review the Platform and that you understand all laws,
regulations and obligations that apply to your listing or Hosting Services. You
acknowledge and agree that we do not provide legal advice and that you are not
relying on any statements, guidance, or representations from us. You remain
solely responsible for determining and complying with all laws, regulations,
and obligations applicable to your listings and Host Services.
6.4.
Accuracy and Insurance Obligations
As a Host, you are
responsible for ensuring that everything published about your property is
accurate, complete and compliant with all applicable laws, regulations and
local requirements. You are solely responsible for your acts or omissions such
as keeping your listing information, calendar availability, and content (i.e.
photos) accurate at all times. You are solely responsible for obtaining
appropriate insurance for your property and Services.
6.5.
Listing Requirements
A listing should clearly
describe the accommodation, contain accurate property information, a list of
amenities, and all costs involved, including taxes and additional charges as
well as any rules or requirements that apply to your listing or Guests. If
there are additional fees or charges, they must be clearly described in the
listing, and mandatory costs must be included in the price breakdown shown to
Guests.
6.6.
Organizations as Hosts
If you Host through a
business or organization or as a part of a team, you remain responsible under
this Agreement for the actions and omissions of all individuals and entities
involved in providing your Hosting Services. You must ensure that anyone
working or co-Hosting with you understands and complies with obligations set
forth in this Agreement. If you enter into Agreements or accept terms on behalf
of your organization or team, you confirm that you have the legal authority to
do so and that the legal entity you represent is properly established and in
good standing under its applicable law.
6.7.
Binding Reservation
When a Booking is confirmed
through the Platform, an agreement is formed directly between the Host and the
Guest based on the terms disclosed in the Listing, any applicable Host rules,
and the stated cancellation policy.
6.8.
Our Role
We are not a party to this
Agreement, and our role is strictly limited to facilitating the potential cooperation
between Hosts and Guests. Hosts and Guests are both responsible for complying
with the terms of making a reservation, including payment, check-in and compliance
with house rules. Hosts must ensure at all times that they meet any local
registration or licensing requirement for rentals, either short-term or
long-term.
7. Cancellations, Modifications, Complaints & Consumer rights
7.1.
Cancellation and Modification Terms
Cancellation and
modification terms are those displayed in the listing. Those terms form part of
the Agreement between the Host and the Guest. Host must present these terms and
policies clearly and ensure that all prices, taxes and mandatory charges are
disclosed upfront so that Guests can make an informed choice before booking.
7.2.
Transparency Requirements
Keep in mind that
transparency is not optional – it is a legal requirement in most jurisdictions,
including obligations under consumer protection and e-commerce laws.
7.3.
Applicable Statutory Rights
Where statutory rights
apply, Hosts must provide clear instructions and any legally required forms. If
the applicable law grants mandatory rights, Hosts must comply with them
regardless of their own cancellation and/or modification policy or rules.
7.4.
Potential Risks related to Reservations
Guests should be aware of
the fact that some reservations might be non-refundable or subject to
cancellation fees, provided these conditions are disclosed before booking and
they had the opportunity to make an informed decision. Conversely, where
consumer law grants mandatory rights, those rights prevail.
7.5.
Complaints Procedure
You must maintain a clear
and accessible complaints procedure and provide accurate contact details for
submitting complaints, as required by applicable law. For cross-border
bookings, you remain responsible for complying with local consumer protection
and e-commerce regulations.
8. Fees & Charges
8.1.
Free Access and Paid Features
Use of the Platform is free
of charge, unless we expressly indicate that a specific feature or service is
offered for a fee. Any applicable fees and conditions will be disclosed to you
before you purchase or use the relevant paid feature.
8.2.
Future Fees and Subscription Options
Any future fees and charges
will be clearly disclosed before they apply. We may introduce paid features or
services from time to time, and any applicable prices and conditions will be
presented to you before you make a purchase or otherwise commit to pay.
8.3.
Pricing Transparency
Where paid features are
offered, we will clearly display the applicable price and the total amount
payable before you confirm your purchase or subscription.
9. Security & Support Measures
9.1.
Service Support
We aim to keep the Platform
available and functioning. However, the Platform may be unavailable,
interrupted, delayed, or limited from time to time (including due to
maintenance, updates, technical issues, or circumstances beyond our reasonable
control). Any support we provide (including via email or other channels) is
provided at our discretion, and we do not guarantee response times or
resolution
.
9.2.
Service
Availability
The
Service is provided on an “as is” and “as
available” basis. We do not warrant that the Service will be uninterrupted,
timely, secure, error-free, or free of harmful components. Nothing in these
Terms excludes or limits any mandatory rights that cannot be excluded or
limited under applicable law.
9.3.
Service Interruption
The Platform (or any part
of it) may occasionally be unavailable, interrupted, or delayed due to
maintenance, upgrades, capacity limits, security or integrity measures, legal
or compliance requirements, or events beyond our reasonable control (including
Internet or telecommunications outages). Where reasonably practicable, we may
provide advance notice of planned maintenance. To the maximum extent permitted
by applicable law, we are not liable for any unavailability, interruption, or
delay of the Platform. Nothing in these Terms limits or excludes liability to
the extent it cannot be limited or excluded under applicable law.
9.4.
Security Measures
We implement technical and
organizational measures designed to safeguard the integrity, confidentiality,
and availability of the Services we provide, in accordance with relevant
industry standards. These security measures are intended to prevent unauthorized
access to, use of, modification of, or disclosure of your data.
9.5.
Credential
Confidentiality and Security
You are solely responsible
for maintaining the confidentiality and security of your login credentials and
any other authentication methods associated with your Account. You acknowledge
and fully agree that we cannot be liable for any unauthorized access or use of
your Account resulting from your failure to safeguard this information.
9.6.
Modifications and
Updates
We reserve the right to
modify, update, enhance or discontinue any aspect of the Services at our sole
discretion. This right may include the addition, removal or alterations of
features and functionalities. These changes can be made to improve User
experience, address technical and/or security issues, comply with regulatory
requirements or support other legitimate activities. We will make reasonable
efforts to notify you of any material changes, but it is your sole
responsibility to review this User Agreement and service updates periodically.
9.7.
Data Protection
and Privacy
We collect and process
limited personal data solely to provide and secure our Services and the use of
our Platform, in compliance with data protection laws under the applicable law
and the GDPR (General Data Protection Regulation). For details on we handle
your data, your rights as a data subject, security measures and other matters
related to data protection and privacy, please refer to our Privacy Policy.
10. Intellectual Property
10.1.
Intellectual Property Rights
All intellectual property
rights, including but not limited to copyrights, trademarks, trade secrets,
patents, technical solutions and know-how, shall remain our exclusive property.
This includes, without limitation, all software, algorithms, content, branding
elements, design, documentation (technical and non-technical), infrastructure
designs, know-how, and any other proprietary materials provided or made
available through the Platform and Services. Nothing in this Agreement grants
you any rights, title or interest in or to such intellectual property, except
for limited rights expressly set forth herein.
10.2.
Permitted Use and Limitations
You are granted a limited,
non-exclusive, non-transferable, non-sublicensable right to access and use our Services
strictly in accordance with this Agreement. This right does not convey
ownership or license beyond what is expressly stated herein. Under no
circumstances shall you, or any Third Party acting on your behalf, acquire any
rights, title, or interest in or to the Services, the underlying software,
infrastructure, or any associated intellectual property right. Any unauthorized
use, reproduction, modification, distribution, or disclosure of our
intellectual property is strictly prohibited and may result in legal action. You
may not in any way modify, decompile, disassemble or reverse engineer the Services
except permitted by applicable law.
10.3.
Our Content
The Platform, Services, our
official social media accounts, and any other channels we control might contain
content including, but not limited to, text, graphics, images, designs, sound
recordings, audiovisual works, and other materials created by or on behalf of
us. All rights to our content are reserved. You are granted no ownership or
license rights to our content except as expressly allowed under this User
Agreement. You are not allowed to copy, reproduce, distribute, publicly
display, perform, modify, create derivative works from, license, sublicense,
sell, transfer, or otherwise use our content for any public or commercial
purpose without our prior written consent. An unauthorized use of our content
may violate our intellectual property rights.
10.4.
Your Content
Between you and us, you
retain all rights and title in and to your content. By submitting or posting
content on or through the Platform, you grant us a non-exclusive, worldwide,
royalty-free license to use, host, translate, display, perform, reproduce,
modify, and otherwise utilize your content, including, without limitation, for
the purposes of providing, maintaining, operating, improving, and promoting the
Platform and its services, as well as for any purpose required by applicable
law. You represent and warrant that you have obtained and will maintain all
necessary rights, consents, and permissions to provide your data and content
and to authorize our use of it as described in this Agreement. You further
represent and warrant that our access to and use of your content and data in
accordance with this Agreement does not violate any applicable laws,
third-party rights, or agreements.
10.5.
Performance Data
We may collect and process
usage and technical data generated through your use of the Platform. We may
aggregate and/or de-identify such data to create performance, statistical and
analytical datasets (‘Performance Data’). Performance Data is not intended to
identify you. To the extent any data constitutes personal data prior to
aggregation or de-identification, we will process it in accordance with our
Privacy Policy and applicable law. We may use Performance Data for any lawful
purpose, including operating, securing, analyzing, improving and developing the
Platform and related services.
11. Warranties & Representations
11.1.
Mutual Warranties and Representations
Each party represents and
warrants to the other that, if it is an individual, they are of legal age and
possess the full legal capacity to enter and fulfil their obligations under
this User Agreement. If one of the parties is a legal entity, it must be duly
incorporated, validly existing, and in good standing under the laws of its
jurisdiction of company formation, and the individual person executing the
Agreement on behalf of the company must be authorized to do so. Each party
represents and warrants that the execution, performance, and delivery of this
Agreement has been authorized and shall not conflict with or result in a breach
of any applicable law, regulation, or contractual obligation to which the party
is a subject.
11.2.
Our Warranties
We will use commercially
reasonable efforts to operate and maintain the Platform and its Services in
accordance with applicable law. We do not make any express or implied
warranties regarding uninterrupted availability, error-free operation, or
compliance with any particular industry standard, except as required by law.
11.3.
Disclaimer of Warranties
Except for the express
warranties set forth in this section, and to the maximum extent permitted by
applicable law, we disclaim all other warranties, either express or implied.
11.4.
Unauthorized Representation Disclaimer
To the maximum extent
permitted by applicable law, we disclaim all liability for any statements,
claims, representations, or marketing materials made by third parties,
including but not limited to affiliates, referral partners, or other
unauthorized individuals or entities. You are advised to rely solely on
official communications issued directly by us through our designated channels.
11.5.
Limitation of Liability
To the maximum extent
permitted by applicable law, neither we nor our affiliates, partners,
suppliers, or agents shall be liable for any indirect, incidental, special,
consequential, exemplary, or punitive damages, or any loss of profits, revenue,
business opportunities, goodwill, or data, arising out of or relating to your
access to or use of, or inability to access or use, the Platform or Services.
This applies regardless of the legal theory invoked—whether contract, tort
(including negligence), strict liability, or otherwise—even if we have been
advised of the possibility of such damages. In addition, to the maximum extent
permitted by applicable law, our total aggregate liability for any claim or
dispute arising out of or relating to the Platform, Services, or these Terms
shall not exceed the greater of the total amount paid by you to us for Paid
Services in the twelve (12) months preceding the event giving rise to the
claim; or EUR 100 (or its equivalent in local currency). Nothing in this User
Agreement excludes or limits liability to the extent such exclusion or limitation
would be unlawful under applicable law.
11.6.
Indemnification
To the maximum extent
permitted by applicable law, you agree to indemnify us (including our
affiliates, partners, suppliers and agents) from any third-party claims,
demands, losses, damages or expenses arising from the content you submit or
post; your use of the Website and/or Services; your violation of this
Agreement; and your infringement of any rights of a Third Party.
12. Termination & Suspension
12.1.
Right to Terminate
You may terminate at any
time by closing your account or by sending a written request to our support
team.
12.2.
Our Right to Change the Services
ZajamNajam’s functionality
may be changed, supplemented, or discontinued at any time without prior notice
to Users.
12.3.
Suspension and Termination by Us
We may suspend or terminate
your access to all or part of the Services, to the extent permitted by
applicable law, and without prior notice, if you breach this User Agreement or
applicable law or your use of our Platform and Services poses a security risk
or disrupts the integrity or performance of our Services and Platform.
12.4.
Effect of Termination
Upon termination your right
to access and use the Services ends immediately, and you remain responsible for
due obligations incurred before termination.
12.5.
Estate and Legal Incapacity
In the event of a User’s
death, the account shall be deactivated upon receipt of official notification
and supporting documentation. Account-related information will be only
disclosed to a legally authorized representative who demonstrates a legitimate
legal interest. Any remaining amounts payable, if applicable, shall be
transferred in accordance with a final and enforceable inheritance decision
issued by the competent authority. User accounts are non-transferable and will
be permanently closed once death is confirmed. If a User is declared legally
incapacitated, access will be restricted, and we will grant access only to the
person authorized by a final and binding decision of a competent authority, limited
to the scope of that particular authorization and subject to our verification
procedure.
13. Applicable law, Jurisdiction & Dispute Resolution
13.1.
Applicable Law
This Agreement is governed
by the laws of the Republic of Serbia, without regard to conflict-of-law rules.
13.2.
Negotiation in Good Faith
If a dispute, controversy
or claim arises out of or relates to this Agreement (including, but not limited
to, its interpretation, performance, breach, termination or validity), the
parties will try to resolve it amicably through negotiations.
13.3.
Mediation or Arbitration
If a dispute is not
resolved within 30 (thirty) days after one party provides written notice to the
other, the parties can agree in writing to submit the matter to mediation or
arbitration administered by a reputable alternative dispute resolution forum in
the Republic of Serbia. Participation in mediation or arbitration is on a
voluntary basis and does not prevent either party from seeking judicial remedy
if the issue remains unresolved.
13.4.
Jurisdiction
If the Parties do not agree
to mediation or arbitration, or if the issue remains unresolved following such
alternative dispute resolution method, the dispute shall be submitted to the
jurisdiction of the competent courts in the Republic of Serbia.
14. Miscellaneous Provisions
14.1.
Entire Agreement & Complete
Understanding
This User Agreement,
together with any documents expressly incorporated by reference (such as our
Privacy Policy), constitutes the entire agreement and complete understanding
between you and us regarding its subject matter and supersedes all prior and
contemporaneous agreements, representations, communications, warranties, and
understandings, either oral or written. No other agreements, representations,
or promises shall be binding unless expressly stated in this Agreement or
separately agreed by both parties in writing.
14.2.
Notices
All notices under this User
Agreement must be in writing and reference this Agreement. If you want to
contact us, use the contact details provided on our official site. If we need
to contact you, we shall use the contact information you supplied when creating
your account.
14.3.
Severability
If any provision of this
Agreement is deemed invalid, illegal or unenforceable under applicable law,
that particular provision will be enforced to the maximum extent permitted by
applicable law, reflecting the original intentions of the parties. The
remaining provisions of this Agreement shall remain in full force and effect.
14.4.
Waiver
No delay or failure by
either party in exercising any right, power, or remedy under this Agreement
shall operate as a waiver of any such right, power, or remedy. No single or
partial exercise of any such right, power or remedy shall preclude any other or
further exercise thereof. Any waiver of any provision of this User Agreement
shall be effective only if submitted in writing and signed by the party against
whom the waiver is enforced. No waiver of any breach or default can be deemed a
waiver of any subsequent breach or default.
14.5.
Injunctive and Non-Monetary Relief
You fully understand and
agree that any unauthorized access, use, or interference with our Services,
infrastructure, or intellectual property may cause immediate and irreparable
harm. We shall be entitled to seek injunctive or other appropriate relief and
damages from a court of competent jurisdiction, in accordance with applicable
law, without any prejudice to any other rights or remedies available under this
User Agreement or applicable law.
14.6.
Relationship of the Parties
The parties are independent
contractors, and nothing in this Agreement shall be construed to create a
partnership, joint venture, agency, fiduciary, or employment relationship
between them. Neither party has the authority to bind the other or to incur any
obligation on behalf of the other without the prior written consent of the
other party. Each party shall be solely responsible for its own activities,
personnel, and operations in connection with this Agreement.
14.7.
No Third-Party Beneficiaries
No provision of this
Agreement is intended to confer any rights, benefits, remedies, obligations or
liabilities hereunder upon any Third Party.
14.8.
How to contact us
The best way to get in
touch with us is to contact us via e-mail.