TERMS AND CONDITONS OF USE OF MojHab APPLICATION¸

I. INTRUDUCTORY

These Terms and Conditions of use of MojHab Application (hereinafter the »Terms«) determine the rights and obligations of the registered user (hereinafter the »user« or »you«) when using the MojHab Application (hereinafter »MojHab« or »APP«), and us, the owner and provider of the MojHab, Infotim Ržišnik Perc d.o.o., Poslovna cona A 2, 4208 Šenčur, Republic of Slovenia, business registration:1228030000, ID for VAT: SI83671684, e-mail: info@infotim.com (hereinafter »us«, »company«, or »INFOTIM«).

II. DEFINITIONS

- Application, App or MojHab: is web application, available on the App Store or Google Play. For the user the use of the APP is free of charge, whereby the payment of the use of the APP for the Manager is subject to an individual contractual relationship concluded between the Company and the Manager.

- The Company: shall mean legal entity Infotim Ržišnik Perc d.o.o., Poslovna cona A 2, 4208 Šenčur, business registration: 1228030000, ID for VAT: SI83671684, e-mail: info@infotim.si, that is the provider and the owner of the APP.

- Login: shall mean entering the APP with a username.

- Registration: means the creation of a user account, where the user enters the required data and gives consent to these Terms and to the processing of personal data.

- User: any natural person, legal entity or other entity that accepts these Terms and registers as a user in accordance with these Terms, unless the contractual relationship between the user and the Company is regulated otherwise.

- Manager: shall be legal entity or natural person that is registered for the management with real estate, in accordance with the law that governs the real estate management.

III. APPLICATION MojHab AND FUNKCIONALITIES OF APPLICATION

MojHab is an application that allows you to search for houses, apartments and other real estate (together: real estate), to which the user attaches its meter card, which allows the user to view the state of consumption of utilities, electricity, heating and / or fuel. Furthermore, MojHab has the option of reviewing the user's payment slips and reporting the meter status to the utility services provider. If the user has a part of a residential house or an apartment or other real estate that has a manager, the user can get access to files and communicate with the user's manager via MojHab, if the user has this option.

The user determines its own information about the real estate by using a search option. Data related to the selected real estate and related to municipal data are obtained directly from the utility services provider, and the user must link his user account with the code located on the issued payment slip of the utility services provider, if the user wants to have that data.

If the real estate has a manager, the data of the individual real estate is obtained through the manager, whereby the manager of the individual real estate determines which user can access the individual documents.

In case that the real estate does not have a manager, the user can gain access to its energy use by entering consumption data on the fly.

We reserve the right, in our sole discretion, to remove, add or otherwise change the functionalities of the App, without prior notice, whereby any removals, additions, or extensions or other changes published shall be published on our website www.infotim.com or in the App.

IV. ACCEPTANCE OF THE TERM, INSTALATION or DOWNLOAD OF THE APP AND TECHNICAL CONDITIONS

To access and use the App, the user shall create a user account (see point V. of the Terms. By registering, you become a user of the App, and you must confirm that you have carefully read Terms, you understand them and you will follow them, so you fully accept and agree with them.

The App is available to users for free in the App Store and Play Store. The user is aware that the use or download of the App itself may be associated with costs beyond the control and influence of the Company, those costs are, for example, but not exclusively, related to costs incurred due to internet access (payment for use internet, payment for mobile data transfer, etc.), etc. and must be paid by the user according to the price list of the user's operator. To use the App you need a mobile phone or other mobile device that allows you to install the App (hereinafter: the device), and the device shall have appropriate operating system:

- IOS: 12

- Android: 5.0

and the device must have access to the internet. If your device does not meet the specified installation conditions, the App will not work for you.

In case of problems, please contact us via e-mail: info@infotim.si.

V. REGISTRATION, LOGIN, CREATION OF THE USER ACCOUNT AND TERMINATION OF USER ACCOUNT

To use the App in all its functionalities, it is necessary to register. If you do not register, you will not be able to use all the functions of the Application.

The Application can be used, and a user account can be created by each person with legal capacity, unless you acquire full legal capacity before age of majority, and you are thus able to accept these Terms in the country of your origin.

Registration process is done by creation of your own user account in the Application, which means that you enter a valid e-mail address and set a password, thus you become a registered user. Your username and password unambiguously identify you. You can change any password or username in the Application. Handle your user account carefully and do not share it with others. You are solely responsible for maintaining the security of your user account and you are responsible for all actions taken through your user account. If you suspect abuse of your user account, please notify us by e-mail: info@infotim.com. In such a case, the Company reserves the right to take and perform at its own discretion all actions necessary to protect the rights and interests of users, the Company or third parties, which may include terminating the user account or otherwise preventing access to the Application.

You must enter true, accurate and correct data in the user account, if you do not enter true, accurate and correct data, the Company may delete your user account without prior notice to you and thus prevent you from further use.

You can terminate your user account at any time by:

- send a request to delete the account to: info@infotim.com.

The Company reserves the right to terminate your user account at our sole discretion without prior notice to you, for example, but not exclusively when:

- you have provided false, inaccurate or incorrect information;

- you violate the provisions of these Terms and you do not use the user account in accordance with these Terms;

- we find that there is a possibility that the Application causes damage, violates applicable law or otherwise, in our opinion, no longer serves its purpose;

- there is a suspicion of misuse or unauthorized use of your user account;

- we stop providing the Application due to our own business decisions, and we will do our best to inform you about the possible termination of the Application in a timely manner.

If your user account is terminated, we will delete all your data associated with the user account no later than X days after the termination, unless we are required by law to retain data for a longer period of time.

VI. WARRANTIES AND LIMITATION OF LIABILITY

The App is available 'as is' and 'as available'. The Company does not guarantee that: the Application will run smoothly or without errors; will operate continuously; will be flawless; the Application will meet the needs and requires of the user; that all possible errors in the operation of the Application will be eliminated; and similar guarantees, and assumes no liability for the foregoing, either directly or indirectly.

The Company makes no warranties and assumes no responsibility for the Application, its use, features, errors, content available in or through the Application. The Company excludes any damage and / or loss of income that would be incurred by the user or a third party due to possible errors in and of the Application, or as a result of any error. The Company assumes no responsibility and is not liable for any errors or damages arising from data provided by the user or other user actions. The Company is also not responsible for any links obtained through the Application and not owned by the Company. The Company also excludes all guarantees for the suitability or quality of the Application, which the user would expect to use the Application or would like to achieve a certain purpose by using it, but did not achieve it.

The Company does not guarantee the smooth, uninterrupted, continuous or secure use of the Application. Also, the Application may be subject to update or upgrade, which may prevent its use while update or upgrade. The Company reserves the right to stop providing the Application at any time without any prior notice to the user.

All documents, data and information obtained by the user in or through the Application or provided to the user through the Application are in the user's use solely at the user's own risk and used at the user's own discretion, the Company is not responsible for such documents, data and information their accuracy, constant availability, completeness, correctness, whether data and information are provided by the Company, the manager or by the user.

Certain features provided by the Application are built-in using external services, and the use of these services is subject to the terms of use for each service set by the provider or owner of these services, the Company does not assume any responsibility and does not give any guarantees relating to these services. The Application has built-in, but not exclusively: OpenStreetMap. The terms of use of these services are available at: https://www.openstreetmap.org/copyright, whereby the user is bound by these terms of use when using these services, thus forming an integral part of these terms of use.

To the fullest extent permitted by applicable law, the Company excludes its liability for any damage caused to the user as a result of the Application or its use. The user agrees that the Company's liability for damages resulting from the Application or use of the Application is limited to 1000 euros, the amount also includes legal costs (all costs, including costs of representation) or other costs.

VII. RESPONSIBILITIES AND OBLIGATIONS OF THE USER

The user uses the Application at its own risk. The user must ensure that user's device on which the user uses the Application is adequately protected. The user is responsible for entering data and other content that does not infringe the intellectual property rights of third parties when using the Application. If the user enters data or other content that infringes the intellectual property rights of third parties, the user is responsible for such entry and the Company disclaims any liability that the Company may have to a third party under this title.

The user must not use the Application in a way that would disable, overload, damage or harm the operation of the Application or the Company. The user warrants that by using the Application and entering data and other content, the user will not cause any damage, risk of damage or enter illegal data and other content.

VIII. PROTECTION OF PERSONAL DATA

The Company is the controller of personal data when the user creates its user account and as so trusts the Company with its own personal data.

The Company is a processor of personal data for the managers who enter personal data and documents of users. The Company concludes a contract for the processing of personal data with each manager.

IX. INTELLECTUAL PROPERTY RIGHTS

The source code of the Application, all content of the Application, including but not limited to: logos, images, text, graphics, buttons, whole identity of the Application and other intellectual property that the user did not enter into the Application, is the exclusive property of the Company or licensors of the Company or third parties who enter this information into the Application on the basis of a special relationship with the Company, and as such are subject to of protection of intellectual property rights (both in terms of copyright and industrial property rights) as defined by relevant and applicable legislation this field.

By installing, downloading or using the Application, the user acquires only the non-exclusive, non-transferable, limited on the time period of validity of the user account, the right to use the Application exclusively on its device, and may use the Application exclusively for non-commercial purposes. The Application is owned by the Company, the user does not acquire any other intellectual property rights or other rights to the Application by installing, downloading or using the Application than those granted to the user by these Terms. The user may not make copies of the Application, perform reverse engineering, modify, or otherwise change or interfere with the Application, lease the Application or grant further sublicenses.

X. UPGRADES AND UPDATES OF THE APPLICATION

The Company reserves the right to periodically upgrade or update the App. The user will be notified of any upgrade or update of App via the App itself or from the store from which the App was downloaded, and the upgrade or update itself may occur automatically if the settings of the device on which the App is downloaded allow to do so.

XI. SUPPORT

The Company does not provide support to the user for the use of the Application, but the user can contact the Company within the working hours of the Company, which is published on the Company's website. In case of problems with the operating system, software system, browser, internet access or other related problems, the Company does not provide support.

XII. NOTIFICATIONS

The user expressly agrees to receive all notifications related to the Application or user account only in the Application, and thus expressly waives the receipt of notifications via e-mail or regular mail. The user can also receive notifications on its e-mail that the user gave during the registration process. The user also expressly agrees that the method of electronic communication, as mentioned in the previous paragraph of this article, is a normal method of data exchange between the user and the Company, and such electronic communication is considered received by the user when transmitted within the Application. If the Application does not work, notifications are not considered received.

XIII. CHANGES OF THE TERMS

We reserve the right to change these Terms at any time. The Company shall publish any changes to the Terms or their latest valid version in App. The Company may also inform the user about the change of the Terms via e-mail, to the user's e-mail, which the user entered during its registration. After release of the new version of the Terms, we deem that you agree with the changes, if you continue to use the App. The new version of the Terms shall enter into force on the day of its publication.

Any change to the applicable Terms due to a mere typographical or other error in the text does not constitute a new version of these Terms, so the Company will not inform you about such change.

If the user does not agree with the new version of the Terms, the user must terminate its user account, stop using the Application and remove or delete the Application from the user’s device.

XIV. FINAL PROVISIONS

If any provision of these Terms is invalid and / or unenforceable, this shall not affect the validity and enforceability of all other provisions of these Terms, which in such case remain to be legally valid.

These Terms and the operation of the App are interpreted and are subject to the law of the Republic of Slovenia.

The user and the Company will try to resolve any disputes in a peaceful manner and amicably, if case that this is not possible, the competent court in Ljubljana shall have exclusive jurisdiction to resolve disputes.

These Terms enter into force on 15.04.2022.