Terms of Service

Legally binding text is the English version below. Version 1.10 — 6.10.2026, legally approved by the TechRevati legal service (answer to letter 4, C1: 1.9 with the required changes to §10a, §9.8 and §10.2 applied verbatim; §7.4 approved as is) (agreements signed before 6.10.2026 stay on 1.9 — 4.10.2026, before 4.10.2026 on 1.8 — 3.10.2026, before 3.10.2026 on 1.7 — 17.9.2026, and before 17.9.2026 on 1.6 — 3.9.2026; last approved for use: 1.5 — 2026-08-21). 1.9: material — §7.4, which described Provider's licence register and called itself “not a warranty of title”, is replaced by the text of the TechRevati legal service (answer to letter 3 of 4.10.2026, Q6): the detection model was trained by TechRevati on annotated image datasets obtained from third-party sources under licences, permissions or statutory legal bases, Customer data was not used to train the supplied model, and TechRevati keeps internal provenance records. New §9.8 is the legal service's warranty of documented and reasonable measures to establish the rights on which the software and model are developed and supplied, with remedies at Provider's option (obtain rights, replace or modify, or terminate and refund), four exclusions (Customer's modifications, unapproved integrations, use outside the documented purpose, data or models provided by Customer) and the general cap in §10.1. The names of datasets, source platforms and development frameworks are deliberately not stated; they stay in Provider's internal compliance file. §7.5 is unchanged. The change alters Provider's warranty and its exclusions, so re-acceptance is required. 1.8: material — the second bullet of §3, which forbade only automated decisions about people, is replaced by the text of the TechRevati legal service (answer of 3.10.2026): VAP, its Records and AI-generated attributes must not be used to monitor, score, rank or evaluate an individual worker or to make or support a decision about that worker, and a Record may be reviewed only to reconstruct and investigate a specific safety incident and to improve workplace-safety measures. A person reviewing the output does not take such a use outside Annex III point 4(b) of the AI Act, so the narrower ban was not enough; “Record” is added to the Glossary. The change narrows what Customer may do, so re-acceptance is required. 1.7 — 17.9.2026, liability update. (1.7, same version, 28.9.2026 — answer of the TechRevati legal service of 27.9.2026, group 2, taken into 1.7 because 1.7 has not yet been accepted by anyone: the onboarding under the PoC Agreement applies to each new site unless the Order Form agrees otherwise; the order of precedence in §12 now puts the Order Form above the PoC Agreement and admits the offer and marketing material only where the Order Form expressly incorporates it; suspension without prior notice in §3 is limited to four named cases, and late payment is suspended only after a written reminder with at least 8 days to pay; §5 states that for the Onsite edition without access Provider is a software supplier and not a processor; new §7.5 on LGPL-3.0 components (psycopg): named, modification and reverse engineering for debugging not restricted, source on request; the cap in §10 does not apply to a breach of confidentiality (§8) or to liability towards an injured person under Directive (EU) 2024/2853, and §8 leaves the separate cap in §10.4. 1.7: material — §9 is rewritten from one sentence into five: VAP is declared an observation and documentation tool and not a protective device, the employer's health-and-safety duty is stated to be non-transferable, and the things the system does not promise are named one by one (missed, late, false or wrongly classified detections; events not captured, recorded, transmitted or delivered; notifications that fail, are delayed or are filtered), with the measurement mechanisms declared diagnostic instruments rather than a delivery warranty. §10 gains a 12-month time limit for notifying claims, a statement that a notice or measurement is not an admission, and the exclusive-forum rule pointing at the new [Order Form](15-order-form.md). Second pass the same day, after reading the Obligacijski zakonik at the source: the 12-month claims window was withdrawn (OZ Art. 339(1) forbids shortening a limitation period by contract) and replaced by a notice-and-mitigation duty (Art. 243(4)); the cap became the greater of twelve months' fees paid or payable and EUR 2,900 (a floor, so it is a cap and not an exclusion — Art. 242(2)–(3)); “indirect / consequential” became named heads of loss (Slovenian law has no consequential category; Art. 243(1)); a super-cap for confidentiality, data and Provider's IP indemnity; a data-loss limit; §10a mutual indemnities — Customer indemnifies Provider for claims by its employees, contractors, visitors and their insurers arising from incidents at Customer's site, and for its own camera, signage, lawful-basis and output-use decisions; §10b force majeure naming Customer's network, power, cameras and VMS and third-party channels; §3 suspension without liability when made in good faith; §5 the Onsite edition — Provider is processor only during a support session it is asked to open; §7.4 the training-data warranty became a knowledge-qualified statement of process; §9.6 third-party and connected services; §13a business customers only; §13b changes with 30 days' notice and a termination right for Customer. The indemnity and the heads-of-loss exclusions narrow what Customer can claim, so re-acceptance remains required. 1.6: material — every new site enters through the onboarding under the PoC Agreement, whose fee includes the first three months of operation; the subscription is a 12-month term elected at the end of month three, then month to month with 30 days' notice; there is no self-serve trial or subscription without onboarding. 1.5: material — §6 gains a 14-day refund right for self-serve subscriptions, and states that hardware sits outside these Terms. This adds a right the Customer did not have before, so it is deliberately not editorial: existing signatures do not carry over and re-acceptance is required. Measured before the bump: zero agreements of any template exist, so re-acceptance costs nothing today and would cost more after the first customer. 1.4: editorial — unfilled house terms replaced with the rules that already applied by default (Rome I 4(1)(b), Brussels Ia, ZPreZP-1, ZPosS, Obligations Code) or with a pointer to the order form where the commercial choice lives; export terms transcribed from DPA §10. No change to rights or obligations — before, the same defaults applied through silence. 1.3: editorial — notice channel filled in; no change to rights or obligations. 1.2: editorial — internal document pointers replaced with public references; no change to rights or obligations. 1.1: §7 separates shared models from site-specific models) (1.8, same version, 3.10.2026 — the Glossary definition of “Record” is the wording approved by the TechRevati legal service (answer to letter 2, Q2), taken into 1.8 because 1.8 has not yet been accepted by anyone.). Source of truth: docs/legal/commercial/02-terms-of-service.md — the same file the in-product click-through hashes, so the published text and the accepted text cannot drift.

Terms of Service / Customer Agreement — VAP (all SaaS)

Not legal advice. These Terms govern ordinary SaaS use. Onboarding (owner, 2.9.2026 / 3.9.2026; wording 28.9.2026): unless otherwise agreed in an Order Form, the onboarding, testing and operational evaluation of each new Site is governed by a PoC Agreement; its fee includes the first three months of operation under these Terms, and the subscription decision is taken at the end of month three. There is no separate trial. The PoC / Proof of Concept Agreement (plus the Statement of Work attached to it) applies in addition to these Terms for the onboarding it covers — it does not replace these Terms.

Glossary

1. Service

Provider supplies VAP: edge analytics software/services, operator dashboard, event ingest, review workflows, and compliance-pack generators (draft artefacts — not a substitute for Customer’s legal duties).

Stage honesty: public staging may be Prototype. Production SLAs, uptime credits, and certifications apply only if expressly stated in an order form. No SLA or uptime credit is claimed by default.

2. Accounts and access

Customer is responsible for user accounts, RBAC, MFA where enabled, and safeguarding credentials. Customer must not share access outside authorised personnel.

3. Acceptable use

Customer must comply with Acceptable Use & Monitoring Notice Part A (AUP), including:

• No face recognition, biometric identification, emotion inference, or individual worker scoring using VAP outputs.
• VAP, its Records and AI-generated attributes must not be used to monitor, score, rank or evaluate an individual worker's performance, behaviour, compliance, suitability or employment status, or to make or support an employment, disciplinary, remuneration, promotion, termination or task-allocation decision. A Record may be reviewed to reconstruct and investigate a specific safety incident and to improve workplace-safety measures, provided that VAP and its AI-generated attributes are not used to assess an individual worker or to make or support a decision about that worker.
• No cameras in prohibited privacy zones contrary to law.
• No attempts to reverse-engineer in violation of mandatory law, or to circumvent security. This does not restrict what §7.5 permits for open-source components.

Provider may suspend all or part of the Services immediately and without prior notice only where (a) an active cyber attack, or a threat to the integrity of the infrastructure, requires it; (b) Customer materially breaches the Acceptable Use Policy — for example by repurposing VAP for biometric identification or for disciplinary scoring of workers; (c) administrator credentials of Customer's account are compromised; or (d) a binding order of a court or of a supervisory authority requires it. Late payment is never a ground for suspension without notice: Provider first sends a written reminder giving at least eight (8) days to pay, and may suspend only if payment has not been made within that period. In every other case of a material breach of this section Provider gives notice and a reasonable period to cure before suspending. A suspension is limited to what its cause requires and is lifted promptly once the cause is resolved. Provider is not liable for a suspension made in good faith under this section. Material breach may also result in termination (§11).

4. Customer responsibilities (cameras / employment)

Customer is controller for workplace camera processing and must obtain/maintain lawful basis, DPIA/LIA where required, signage, employee/works-council processes, and site notices. Provider supplies templates/generators; Customer remains responsible for local law compliance. Live cameras require C1 completion regardless of whether Customer is in the included months, on subscription, or in a PoC.

5. Data protection

Personal data processing by Provider as processor is governed by the DPA (Data Processing Agreement / C1 04 DPA controller processor). DPA prevails on data-protection conflicts.

Onsite edition. Where the software runs on Customer's own equipment and Provider has no standing access to it, Provider holds no Customer personal data and acts as processor only during a support session that Customer requests and opens, for that session's purpose and duration. The DPA applies to such sessions; outside them, obligations of the DPA that presuppose Provider holding the data (breach notification, deletion, return, backups, sub-processors) do not arise for Provider. Outside a support session Provider is a supplier of software, not a processor, because it does not process Customer's personal data. Occasional diagnostic access during a support session is covered by the DPA itself; no separate annex is required.

6. Fees and taxes

Fees, term and billing period are stated in the order form (12-month subscription from the Customer's decision at the end of the included months, billed monthly; month to month with 30 days' notice after the first year); indicative pricing for evaluation packages is published on the PoC offer page. All amounts are exclusive of VAT, charged under ZDDV-1 or reverse-charged where the Customer supplies a valid EU VAT ID. Late payment: statutory default interest under Slovenian law, plus the fixed EUR 40 recovery cost per claim under ZPreZP-1; suspension for late payment only after a written reminder with at least 8 days to pay (§3). Payment periods are per order form; ZPreZP-1 caps B2B payment periods at 60 days (exceptionally up to 120 days if agreed in writing). PoC fees (if any) are stated only in the PoC Agreement and its Statement of Work — not a gate to these Terms.

Refunds — self-serve subscriptions. Where Customer starts a subscription online and pays by card, Customer may cancel within 14 days of the initial payment and receive a full refund of that payment, without giving a reason and without penalty. The right applies once per Customer, to the first payment of a new subscription only; renewals are not refundable, and Customer may instead cancel a renewal at any time before it is charged. Refunds are returned to the original payment method by the merchant of record named on Customer's receipt, normally within 10 business days. Hardware is out of scope of this clause and of these Terms — edge devices are supplied through the partner channel under separate contract (see the Partner / Reseller Agreement §3), so hardware returns follow that contract and the supplying partner's own terms. Nothing in this clause limits mandatory statutory rights that apply despite these Terms.

7. Intellectual property

Provider retains IP in VAP software, base models (each under its own upstream licence, recorded in Provider's licence register and available to Customer on request), the training pipeline and recipe, documentation, and trademarks. Customer retains IP in Customer content and site footage. Feedback may be used to improve the Services without obligation and without disclosing Customer confidential information or site footage; Customer grants no licence to its content beyond what is needed to provide the Services. Provider processes personal data from Customer's video streams, clips, events and analytics only on Customer's documented instructions and does not use them for its own purposes — including training or improving models for other customers; a model is trained on Customer's data only for Customer and only on its written order.

7.1 Shared models — Customer content is never used. Provider does not use Customer content or site footage to train, fine-tune or evaluate any model that is offered to, or shared with, any other customer. This prohibition is absolute and survives termination.

7.2 Site Model — only at Customer's written request. Where Customer asks for detection tuned to its own site, Provider may train a model exclusively on that Customer's content, for that Customer's sites only (a "Site Model"). A Site Model:

• is trained and stored on Customer's own equipment; footage does not leave the site;
• is never offered to, merged with, or used for any other customer;
• is deleted by Provider on Customer's written request, or on termination if Customer so elects;
• is recorded in the model pin with its version, hash and data provenance, so what it was trained

on remains verifiable.

7.3 Rights in a Site Model. Provider retains ownership of the base model, the training pipeline and the recipe. Customer receives a perpetual, irrevocable, royalty-free licence to use the Site Model at its own sites, including after termination. Neither party may license, sell or otherwise make a Site Model available to a third party.

7.4 Training provenance. The VAP detection model was trained by TechRevati using a documented training process and annotated image datasets obtained from third-party sources under licences, permissions or statutory legal bases assessed by TechRevati for that purpose. Customer video, images and incident data were not used to train the supplied model. TechRevati maintains internal records of the provenance of the training data, the applicable legal bases and the training process.

7.5 Open-source components (LGPL). Where Provider supplies software for installation on Customer's own equipment (in particular the Onsite edition), that software includes components licensed under the GNU Lesser General Public License, version 3 (LGPL-3.0) — in particular psycopg, the PostgreSQL database adapter, including its compiled part psycopg-c. Those components are used and passed on under the LGPL-3.0, which incorporates the GNU General Public License, version 3; Provider provides the texts of both licences with that software and on request. Nothing in the Agreement, in the AUP or in any licence notice restricts Customer from modifying those components for its own use, from replacing them in the software with modified versions, or from reverse engineering the software to the extent needed to debug such modifications. On request, Provider provides the complete source code of those components in the version it supplied, for at least three years after it last supplied that version, free of charge by download or at no more than the cost of physically performing the transfer.

8. Confidentiality

Each party protects the other’s non-public information for as long as it qualifies for protection as a business secret under the Slovenian Business Secrets Act (ZPosS), which transposes Directive (EU) 2016/943; the parties may agree a fixed period in the order form. Excepted: information that is public, independently developed, or required by law.

9. Warranties and disclaimers

9.1 As available. Unless an order form states otherwise, the service is provided as available, without warranty of uninterrupted operation, of any particular detection rate, or of accuracy sufficient for safety-critical interlocking. VAP does not control machines (no machine interlock).

9.2 VAP is not a protective device. VAP is an observation and documentation tool for occupational-safety processes. It is not a protective device, not a safety component, not an alarm or security system within the meaning of private-security legislation, and not a substitute for the technical and organisational protective measures the workplace requires. The employer's duty to ensure health and safety at work (Directive 89/391/EEC as implemented — ZVZD-1 in Slovenia, ZBZR in Serbia) is statutory and non-transferable: it stays with Customer and is not assumed by Provider in whole or in part. Every alert requires human confirmation, and Customer decides and acts. Provider is not engaged to prevent injury or damage, and nothing in these Terms, an order form, a proposal or any marketing material is to be read as such an engagement.

9.3 What the system does not promise. Detection is statistical and depends on conditions outside Provider's control (placement, field of view, lighting, occlusion, weather, network, power, and third-party services). Provider does not warrant, and to the extent permitted by law disclaims liability for: missed, late, false or wrongly classified detections; events that are not captured, not recorded, not transmitted or not delivered; notifications that fail, are delayed, are filtered or do not reach a recipient; and loss of camera, network, power or a third-party channel (e-mail, Microsoft Teams, webhook). Provider's mechanisms for measuring and reporting capture and delivery are diagnostic instruments: neither their existence, nor any figure they produce, nor any figure published by Provider constitutes a warranty of delivery, an availability commitment or an SLA.

9.4 Customer's own conditions. Provider's undertakings apply only where Customer has met its own obligations under §4 — in particular camera placement and maintenance, network and power, the employee notice and signage, review of alerts by a competent person, and keeping the software at a version Provider still supports.

9.5 No warranty of “ISO certified”, “GDPR certified”, or insurance coverage unless separately evidenced.

9.6 Third-party and connected services. Cameras, the video-management system, the network, power and the host equipment are Customer's; e-mail, Microsoft Teams, webhooks, the payment provider and any hosting are third-party services whose availability and terms apply to the part of the Services routed through them. Provider accepts no liability for a failure caused by a third-party service beyond an availability commitment expressly stated in the order form. Where Customer connects a service under its own account (a messaging channel, a VMS, an identity provider), that provider is Customer's own vendor — and, in the terms of the DPA, Customer's own processor, not Provider's sub-processor; Provider is not responsible for it, or for how it handles data after Provider has delivered the data to it on Customer's instruction.

9.7 Outputs to Customer's signal devices. Where Customer configures a digital output (Modbus/TCP), MQTT or a webhook to drive a siren, lamp or other signal device, that output is an informative signal and a complementary organisational measure of the employer. The signal device, its I/O module, wiring, power, placement, audibility and periodic testing are Customer's (or its integrator's) equipment under §9.6 and Customer's responsibility. VAP, including any output, is not a safety component or protective device within the meaning of Regulation (EU) 2023/1230, performs no safety function and has no performance level under EN ISO 13849-1. Customer shall (a) connect an output only to a signal device and never to the control of a machine, forklift, door, gate or power supply; (b) not count VAP or its outputs as a risk-reduction measure in its risk assessment, nor reduce any other protective measure because VAP is installed; and (c) confirm this in the console when configuring an output. Provider does not warrant that an output will switch, or will switch in time.

9.8 Rights in the software and the detection model. TechRevati warrants that it has taken documented and reasonable measures to establish the rights, licences, permissions or statutory legal bases on which the VAP software and detection model are developed and supplied. If a final binding decision or enforceable third-party right prevents continued use of a supplied component or model, TechRevati may, at its option, obtain the necessary rights, replace or modify the affected component or model with materially equivalent functionality, or terminate the affected licence and refund any prepaid fees attributable to the unused affected period. This warranty does not apply to a problem arising from (a) modifications made by or for Customer; (b) integrations not approved by Provider; (c) use outside the documented purpose; or (d) data or models provided by Customer. Provider's liability for a standalone breach of this §9.8 is subject to §10.1. To the extent that a third-party intellectual-property claim falls within §10a, §10a and the separate cap in §10.4 apply, and this §9.8 does not limit or reduce those rights or remedies.

10. Liability

10.1 Cap. To the extent permitted by law, each party's total aggregate liability arising out of or in connection with the Agreement — in contract, tort (including negligence), under statute or otherwise — is limited to the greater of (a) the fees paid or payable by Customer under the Agreement, including the onboarding fee, in the twelve months immediately preceding the event giving rise to the claim, and (b) EUR 2,900. This is one cap across all claims and all documents of the Agreement, not a cap per claim or per document.

*Why a floor and not “fees paid” alone.* Under OZ Art. 242(3) a contractual ceiling is valid “*če tako določeni znesek ni v očitnem nesorazmerju s škodo*”, while under Art. 242(2) an exclusion of liability for slight negligence may be set aside where it stems from an unequal relationship. A cap that is zero in the included months is an exclusion in disguise; the floor — the onboarding fee, the amount every Customer has actually paid — keeps it a cap.

10.2 Excluded heads of loss. Subject to §§10.3, 10.4 and 10a, neither party is liable for (a) loss of profit, revenue, business, contracts or anticipated savings; (b) loss of goodwill or reputation; (c) loss, corruption or inaccuracy of data, without prejudice to Provider's obligations under the DPA; (d) business interruption, downtime of Customer's operations, or the cost of substitute services or of additional personnel; or (e) fines, penalties or claims imposed on Customer by a third party or an authority — in each case however arising. (Slovenian law knows no category of “consequential” loss, and OZ Art. 243(1) makes foreseeable lost profit recoverable by default; the exclusions are therefore written as heads of loss.)

10.3 What is not limited. Nothing in the Agreement excludes or limits either party's liability (a) for damage caused intentionally or by gross negligence — OZ Art. 242(1): “*Odgovornosti dolžnika za naklep ali hudo malomarnost ni mogoče s pogodbo vnaprej izključiti*”, and Art. 242(4) for the cap; (b) for fraud; (c) for death or personal injury; (d) for a breach of the confidentiality obligations in §8 (a breach of the DPA, including a personal data breach, is subject to §10.4); (e) as an economic operator towards an injured natural person under the rules on liability for defective products implementing Directive (EU) 2024/2853, which under its Art. 15 may not, in relation to the injured person, be limited or excluded by a contractual provision; or (f) to the extent that liability cannot be limited under applicable law. The cap in §10.1 does not apply to Customer's payment obligations, to Customer's obligations under §10a (Customer's indemnity), or to Customer's breach of §3, §4 or the AUP.

10.4 Data and Provider's indemnity. Provider's liability for a breach of the DPA, including a personal data breach, and Provider's obligations under §10a (Provider's indemnity), are subject to a separate cap of twice the amount in §10.1(a), and in no case less than the amount in §10.1(b). A breach of §8 (confidentiality) is not capped (§10.3(d)).

10.5 Data loss. Customer keeps its own copies of its configuration and, through the export and retrieval rights in the DPA and §11, of its events and media. Provider's liability for loss of data is in any case limited to the cost of restoring it from the last backup Provider is obliged to keep under the DPA.

10.6 Notice and mitigation. Customer notifies Provider of a claim, with the facts on which it is based, promptly after becoming aware of the event giving rise to it, and takes all reasonable steps to reduce the damage (OZ Art. 243(4)). Delay in notifying, and a failure to mitigate, are taken into account in assessing the damage and Customer's own contribution to it. *This clause does not shorten a limitation period: OZ Art. 339(1) — “*S pravnim poslom ni mogoče določiti daljšega ali krajšega zastaranja, kot je čas, ki ga določa zakon*” — and a draft of 17.9.2026 that tried to was withdrawn the same day, after the article was read at the source.*

10.7 Notice is not an admission. A report, a measurement, an incident notification, a suspension or a service credit given by Provider is not an acknowledgement of liability or of a defect.

10.8 Data-protection fines. Each party bears the administrative fines imposed on it in its own role (controller / processor) under GDPR Art. 83; the Agreement does not shift regulatory fines, which in any case cannot be contracted away.

10.9 Exclusive forum. Where the order form records an exclusive forum (§13), that forum applies to every dispute arising out of or in connection with the Agreement, including non-contractual claims between the parties. Provider's standard form is the competent court in Ljubljana (Brussels Ia Art. 25 between undertakings; for a counterparty outside the EU, an agreement on jurisdiction under its own private-international-law rules).

10.10 Severability. If any part of this section is held invalid, the remainder continues to apply with the narrowest modification needed (OZ Art. 88).

10a. Indemnities

Provider defends Customer against a third-party claim that the VAP software or detection model, as supplied by Provider and used in accordance with the Agreement, infringes that party's intellectual-property right, and pays the damages finally awarded or agreed in settlement. This does not apply where the claim arises from Customer content or site footage, Customer's configuration, zones or rules, a combination of the software with anything Provider did not supply, use after Provider has asked Customer to stop, or from detections, events or other outputs. For clarity, the exclusion relating to detections, events or other outputs does not exclude a claim that the detection model itself, as supplied by Provider, infringes a third party's intellectual-property right. If the software becomes the subject of such a claim Provider may, at its option, obtain the right for Customer to continue, modify the software so it no longer infringes, or terminate the affected part and refund fees paid for the unused term. Provider's liability under this paragraph is subject to §10.4.

Customer defends Provider against a third-party claim arising from (a) Customer's cameras, their placement and field of view, the signage, notices, consultations and lawful basis that the workplace processing requires (§4), or Customer's failure to complete C1 before live cameras; (b) a claim by Customer's employee, contractor, visitor or their insurer arising from an incident, injury or damage at Customer's site, except to the extent caused by Provider's intent or gross negligence; (c) Customer's use of detections, events or reports — including any employment, disciplinary or legal decision taken on them — or use contrary to the AUP; (d) Customer's breach of §3, §4, §9.4 or the DPA; (e) Customer's instructions to Provider, or Customer's failure to meet a data-protection or health-and-safety obligation that falls on it as controller and employer; or (f) a claim by data subjects to the extent attributable to Customer's part of the responsibility (GDPR Art. 82(5)); or (g) the connection of a VAP output to anything other than a signal device, reliance on VAP or its outputs in Customer's risk assessment, or the selection, installation, wiring, power, maintenance or testing of a signal device (§9.7). Amounts payable by Customer under this paragraph are outside the cap in §10.

The party seeking indemnity must notify the other promptly, give it sole control of the defence, and provide reasonable assistance at the indemnifying party's cost. Failure to notify promptly reduces the indemnity only to the extent the delay causes prejudice.

10b. Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including the failure or degradation of Customer's network, power, cameras or video-management system, of a third-party e-mail, messaging, webhook, hosting or payment provider, a denial-of-service attack, an act of a public authority, an epidemic, a strike or a utility failure (OZ Art. 240). This section does not excuse a payment obligation and does not apply to a party's own data-security obligations under the DPA.

11. Term and termination

Term per order form (12 months from the decision; no termination for convenience inside that term; month to month with 30 days' notice thereafter). Either party may terminate for material breach if the breach is not cured within a reasonable additional period set in writing by the other party (Slovenian Obligations Code); the parties may agree a fixed cure period in the order form. Upon termination, DPA §10 applies: the Customer chooses return or deletion within 30 days of termination, and absent a choice all personal data is deleted within 90 days with a written deletion certificate, except to the extent a legal retention duty requires Provider to keep specific records longer, of which Provider informs Customer (DPA §10.3). Customer may terminate for convenience with effect from the date on which a material change to these Terms takes effect, by notice given before that date (§13b).

12. Relationship to PoC Agreement

Order of precedence. Where documents forming the Agreement conflict, they prevail in this order: (1) the DPA, only as regards the processing of personal data; (2) the Order Form, as regards the commercial terms of production use — fees, sites, service-level packages and the term of the subscription or licence after the onboarding; (3) the PoC Agreement together with its signed Annex A, as regards the testing parameters during the onboarding (PoC) phase of the site it covers; (4) these Terms of Service; (5) the Acceptable Use Policy; (6) the Provider's offer package, proposals, presentations and other marketing material — only where and to the extent the Order Form expressly incorporates them; otherwise they add no commitment.

13. General

Neither party may assign these Terms without the other party’s prior written consent (Slovenian Obligations Code); notices via the contact channel published in the Impressum, severability, entire agreement (the documents listed in the order of precedence in §12).

13a. Business customers only. The Services are offered to businesses and professionals only. By accepting these Terms Customer confirms that it acts in the course of its trade, business, craft or profession and not as a consumer, and that the rules protecting consumers are not intended to apply. A natural person who wishes to use the Services for a purpose outside their trade, business, craft or profession must say so through the notice channel before obtaining a subscription. Where a subscription is paid by card, the purchase is made from the merchant of record named on the receipt under its buyer terms, which govern the purchase; these Terms govern the use of the Services. Nothing in this clause deprives a consumer of the protection of mandatory rules of the law of their habitual residence.

13b. Changes. Provider may update these Terms. A material change takes effect 30 days after Provider posts the revised version and sends notice to the tenant administrator address on file, whichever is later; a change required by law or that only adds a right for Customer may take effect on posting. Customer that objects to a material change may terminate for convenience with effect from the date the change takes effect, by notice given before that date (§11); continued use after that date is acceptance. Where the platform records acceptance of a specific version, a new version is presented for acceptance and the recorded version continues to govern until it is accepted.

Srpski (latinica) — rezime

Uslovi korišćenja važe za sav SaaS (tri uključena meseca posle puštanja u rad, pa pretplata). Ako narudžbenica ne predviđa drugačije, puštanje u rad, testiranje i operativnu procenu svake nove lokacije uređuje Ugovor o PoC sa aneksom (javna PoC ponuda); pretplata na 12 meseci bira se na kraju trećeg meseca, posle prve godine mesečno uz otkaz od 30 dana. Uključuju prihvatljivu upotrebu (bez biometrijske ID), ulogu kupca kao rukovaoca, DPA, naknade po ponudi (order form), ograničenje jamstava. Suspenzija bez prethodnog obaveštenja (§3) samo kod aktivnog sajber napada ili pretnje integritetu infrastrukture, bitnog kršenja pravila prihvatljive upotrebe (npr. prenamena za biometrijsku identifikaciju ili disciplinsko ocenjivanje radnika), kompromitovanih administratorskih kredencijala i obavezujućeg naloga suda ili nadzornog organa; zbog docnje u plaćanju tek posle pisane opomene sa rokom od najmanje 8 dana. Onsite bez našeg pristupa (§5): isporučilac softvera, ne obrađivač; povremeni dijagnostički pristup tokom sesije podrške koju kupac otvori pokriva sam DPA, bez posebnog aneksa. LGPL komponente (§7.5): softver za kupčevu opremu sadrži psycopg pod licencom LGPL-3.0; kupac ga sme menjati za sopstvenu upotrebu, zameniti izmenjenom verzijom i raditi reverzni inženjering u meri potrebnoj za otklanjanje grešaka takvih izmena; izvorni kod dobija na zahtev. Poreklo treninga (§7.4) i garancija prava (§9.8), verzija 1.9: model za detekciju je trenirao TechRevati na anotiranim skupovima slika iz izvora trećih lica, po licenci, dozvoli ili zakonskom osnovu; podaci kupca nisu korišćeni za trening isporučenog modela; evidencija porekla je interna. TechRevati jemči da je preduzeo dokumentovane i razumne mere da utvrdi prava na kojima se softver i model razvijaju i isporučuju; ako konačna odluka ili izvršivo pravo trećeg onemogući dalju upotrebu, po svom izboru pribavlja prava, menja ili zamenjuje komponentu ili raskida licencu uz povraćaj unapred plaćenog; garancija ne važi za izmene kupca, neodobrene integracije, upotrebu van dokumentovane namene ni za podatke ili modele koje obezbedi kupac; odgovornost je pod opštom kapom iz §10.1. Izlaz ka signalnom uređaju (§9.7): informativni signal i dopunska mera poslodavca; uređaj, ožičenje i testiranje su kupčevi; VAP nije bezbednosna komponenta, nema bezbednosnu funkciju ni PL; izlaz nikad na upravljanje mašinom; procena rizika ne računa na VAP — kupac nas za to obeštećuje (§10a (g)). Odgovornost (§10–10b): kapa je veći od iznosa naknada za 12 meseci i 2.900 € (donja granica, da bi bila kapa a ne isključenje — OZ čl. 242); isključene su imenovane vrste štete (izgubljena dobit, zastoj pogona, podaci, kazne trećih); kapa ne važi za nameru i grubu nepažnju (OZ čl. 242 st. 1), za povredu poverljivosti (§8) ni za odgovornost prema oštećenom fizičkom licu za neispravan proizvod (čl. 15 Direktive (EU) 2024/2853 zabranjuje ugovorno ograničenje prema oštećenom); posebna kapa (§10.4) ostaje za DPA i povredu podataka; kupac obeštećuje dobavljača za zahteve svojih radnika, izvođača, posetilaca i njihovih osiguravača zbog događaja na svojoj lokaciji, i za sopstvene odluke o kamerama, obaveštenjima, pravnom osnovu i upotrebi nalaza; viša sila obuhvata i kupčevu mrežu, struju, kamere i VMS. VAP nije zaštitna naprava i obaveza poslodavca se ne prenosi (§9.2). Rok za isticanje zahteva nema — OZ čl. 339 ne dozvoljava skraćenje zastarelosti. Samo poslovni kupci (§13a); izmene uz rok od 30 dana i pravo kupca na otkaz (§13b). Redosled važenja (§12): DPA (samo za lične podatke) → narudžbenica (komercijalni uslovi produkcije, cene, lokacije, SLA paketi, trajanje posle PoC-a) → Ugovor o PoC sa Aneksom A (parametri testiranja tokom PoC faze) → ovi Uslovi → pravila prihvatljive upotrebe → ponuda i marketing, samo ako ih narudžbenica izričito uključuje. C1 pre uključivanja kamera važi uvek. Nije pravni savet.

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