Terms of Service
Last updated: January 1, 2025
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the Operitivo platform ("Service") operated by Semicolon d.o.o. ("Company", "we", "us", "our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. Definitions
- "User" means any individual or entity that accesses or uses the Service
- "Account" means the account you create to access the Service
- "Content" means any data, text, files, or other materials uploaded to or generated by the Service
- "Subscription" means the paid or free plan you select for the Service
3. Service Description
Operitivo is a business management platform that provides:
- Client relationship management (CRM)
- Job and work order management
- Invoicing and payment tracking
- Croatian fiscalization (fiskalizacija) integration
- Electronic invoicing (eRacun) capabilities
- Team and worker management
- Vehicle fleet tracking
- Task and calendar management
4. Account Registration
Account Creation
To use the Service, you must:
- Be at least 18 years old
- Provide accurate, complete, and current information
- Maintain the security of your password
- Accept all risks of unauthorized access
Account Responsibilities
You are responsible for:
- All activities under your account
- Maintaining confidentiality of credentials
- Notifying us immediately of any security breach
- Ensuring your team members comply with these Terms
5. Subscriptions and Billing
Free Tier
- Limited features and usage caps as described on our pricing page
- May be discontinued or modified with 30 days notice
Paid Subscriptions
- Billed monthly or annually as selected
- Prices are in EUR and exclude VAT where applicable
- Payment is due at the start of each billing period
- Automatic renewal unless cancelled
Cancellation
- Cancel at any time through account settings
- Access continues until end of billing period
- No refunds for partial periods
- Data export available for 30 days after cancellation
Price Changes
- We may modify prices with 30 days notice
- Changes apply to next billing cycle
6. User Responsibilities
Acceptable Use
You agree to:
- Use the Service in compliance with all applicable laws
- Provide accurate business and financial information
- Properly configure fiscalization settings
- Maintain accurate records
Prohibited Activities
You shall NOT:
- Use the Service for illegal purposes
- Submit false or fraudulent invoices
- Attempt to bypass usage limits
- Share account credentials
- Reverse engineer the Service
- Interfere with the Service's operation
- Use automated systems to access the Service (except approved APIs)
- Transmit malware or harmful code
- Violate others' intellectual property rights
7. Data and Content
Your Content
- You retain ownership of your Content
- You grant us license to host, store, and process your Content
- You are responsible for the accuracy of your Content
- You must have rights to upload any Content
Our Rights
We may:
- Aggregate and anonymize data for analytics
- Remove Content that violates these Terms
- Access Content for support purposes (with your permission)
Data Processing
Data processing is governed by our Privacy Policy, which forms part of these Terms.
8. Croatian Regulatory Compliance
Fiscalization
- The Service provides integration with Croatian Tax Administration (Porezna uprava)
- You are responsible for proper configuration and certificate management
- We do not guarantee acceptance of fiscalization requests
- You remain solely responsible for tax compliance
eRacun
- The Service provides integration with eRacun intermediaries
- You are responsible for proper registration and credentials
- Delivery of electronic invoices is subject to third-party availability
9. Intellectual Property
Our Property
The Service, including its design, features, and code, is owned by Semicolon d.o.o. and protected by intellectual property laws.
Trademark
"Operitivo" and associated logos are trademarks of Semicolon d.o.o.
License
We grant you a limited, non-exclusive, non-transferable license to use the Service according to your subscription.
10. Third-Party Services
The Service may integrate with third-party services including:
- FINA (fiscalization and eRacun)
- Payment processors
- Email providers
We are not responsible for third-party service availability or terms.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS
We do not warrant that:
- The Service will be uninterrupted or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Exclusion of Damages
We shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Service interruptions
- Third-party actions
Liability Cap
Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.
Essential Purpose
These limitations apply even if any remedy fails of its essential purpose.
13. Indemnification
You agree to indemnify and hold harmless Semicolon d.o.o., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your Content
- Your violation of any third-party rights
14. Term and Termination
Term
These Terms remain in effect while you use the Service.
Termination by You
You may terminate by closing your account.
Termination by Us
We may terminate or suspend your access:
- For violation of these Terms
- For non-payment
- If required by law
- At our discretion with 30 days notice
Effect of Termination
Upon termination:
- Your license to use the Service ends
- You may export your data within 30 days
- We may delete your Content after 30 days
- Provisions that should survive termination will remain in effect
15. Modifications to Service
We reserve the right to:
- Modify or discontinue features
- Update the Service
- Change pricing (with notice)
- Introduce new features
16. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes via:
- Email to your registered address
- Notice on the Service
Continued use after changes constitutes acceptance.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Croatia.
Any disputes shall be resolved by the competent courts in Pula, Croatia.
18. Dispute Resolution
Informal Resolution
Before filing a claim, you agree to contact us to attempt informal resolution.
Arbitration (Optional)
Parties may agree to submit disputes to arbitration under the rules of the Permanent Arbitration Court at the Croatian Chamber of Economy.
19. General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement.
Severability
If any provision is found unenforceable, the remaining provisions continue in effect.
Waiver
Failure to enforce any provision is not a waiver of that provision.
Assignment
You may not assign your rights without our consent. We may assign our rights freely.
Force Majeure
We are not liable for delays due to circumstances beyond our control.
20. Contact Information
For questions about these Terms:
Semicolon d.o.o.
Rakovceva 60
52100 Pula, Croatia
Email: info@operitivo.com
VAT ID: HR03411437372