These General Terms represent a legally binding document between:
Data Design d.o.o.
(hereinafter: “Service Provider”)
and
A legal or natural person who accepts these terms
(hereinafter: “User”)
Article 1 – Subject of the Agreement
The Service Provider enables the User to use the following software solutions:
- •TiramisuPOS Gastro
- •TiramisuPOS Retail
(hereinafter: “Software”) on a SaaS basis (Software as a Service), via the internet, without transfer of ownership of the software.
Article 2 – Nature of the Service (SaaS Model)
- 1.The Software is not sold but made available for use.
- 2.The Software is hosted on the Service Provider’s server infrastructure or that of its partners.
- 3.The User receives a non-exclusive, non-transferable license to use the software for the duration of the agreement.
- 4.All upgrades and improvements according to the manufacturer’s development plan are included in the active subscription.
Article 3 – Packages and Pricing
- 1.Prices and package specifications are defined on the official website: www.tiramisuerp.com
- 2.Specific commercial terms are defined in the Special Offer / Order Form document.
- 3.Use of the software implies an annual license renewal (13th lease), charged once a year in the amount of one monthly lease fee.
- 4.The Service Provider reserves the right to change prices with 30 days’ prior notice.
Article 4 – Implementation and Training
4.1. Initial implementation includes:
- •Account activation
- •Basic system configuration
- •Assistance with integration with the tax authority’s fiscal system (if applicable)
- •Assistance and instructions for the client in preparing data on products, categories, prices, and inventory
4.2. Training
Training is conducted online or in-person depending on the client’s location and agreement with the sales team, and includes:
- •Basic operator training (up to 2 hours per point of sale)
- •Administrator training (up to 2 hours)
Total initial training time: up to 4 hours per location, unless otherwise specified in the Order Form document.
Article 5 – Support
5.1. Intensive Support Period
In the first 30 days from activation, the User is entitled to extended support of up to:
- •5 hours of support (remote) per location
5.2. Regular Monthly Support
Within the monthly subscription the following is included:
- •up to 2 hours of online support per location per month
Unused hours are not carried over to the next month.
5.3. Support Channels
Support is provided through:
- •The “Support” module within the system
- •Email: podrska@tiramisuerp.com
- •Call center
Support hours: Monday to Friday, 08:00–16:00, unless otherwise agreed.
Article 6 – User Obligations
The User agrees to:
- •ensure a stable internet connection
- •use compatible equipment
- •not perform unauthorized copying or reverse engineering of the software
- •protect access credentials
Article 7 – Data Protection
- 1.The Service Provider acts in accordance with positive practices defined by the ISO27001 – Information Security standard.
- 2.The User is the data controller for their customers’ data.
- 3.The Service Provider is responsible for system availability, secure data storage, and data backups.
Article 8 – Duration and Termination
- 1.The agreement is concluded for the period defined in the Order Form document.
- 2.Termination with a 30-day notice period.
- 3.In case of non-payment, the Service Provider has the right to suspend the account.
Article 9 – Limitation of Liability
The Service Provider is not liable for:
- •internet connection interruptions
- •errors arising from improper use
- •operation of third-party integrations
2. Total liability is limited to the amount of three months’ subscription.
Article 10 – Dispute Resolution
- The competent court and applicable law shall be determined based on the Service Provider’s country of incorporation.
- The applicable law shall be that of the Service Provider’s country of incorporation.