Terms of Use

Effective from 29 October 2026

These Terms govern the use of the Gumoteka application between ByteMe, obrt za računalno programiranje i ostale usluge, Hermanova 18D, 10000 Zagreb, OIB 62629762140 ("Provider") and the business that signs up for and uses the service ("Customer"). The Data Processing Agreement is an integral part of these Terms.

1. The service

1.1. Gumoteka is a web application for managing stored tyre sets: records of customers, vehicles and tyres, storage locations, QR and barcode labels, tyre age (DOT), an appointment calendar and multiple locations.

1.2. Gumoteka is not a system for invoicing, fiscalisation or payment. Storage prices entered in the app are for reference only.

1.3. The service is intended exclusively for businesses (sole traders, companies and similar). Consumer protection rules do not apply to this contract.

1.4. The Provider may develop and change the service's features. We will not remove a material feature the Customer pays for without at least 30 days' notice.

2. Contract and accounts

2.1. The contract is concluded when a person authorised to represent the Customer opens a shop account and accepts these Terms. That person warrants that they are authorised to bind the Customer.

2.2. The owner (the person who opened the shop account) adds, edits and deletes worker accounts and assigns them locations and starting passwords. The Customer is responsible for all actions taken from its accounts.

2.3. The Customer keeps passwords secret, does not share one account between several people, and promptly closes the account of a worker who no longer works for it. Suspected unauthorised access must be reported immediately to hello@gumoteka.app.

3. Price and payment

3.1. The subscription is 75 € per month or 810 € per year (12 months with a 10 % discount), per shop. The Provider is not registered for VAT (Art. 90(1) of the Croatian VAT Act), so no VAT is charged.

3.2. The subscription is paid in advance, monthly or yearly, against an invoice the Provider issues electronically. Payment is due within 8 days of the invoice date.

3.3. Pilot customers use the service free of charge until 31 March 2027 under a separate agreement. No trial period is offered to other customers.

3.4. If the Customer is more than 15 days late with payment and does not pay within 8 days of a reminder, the Provider may suspend access. Data is not deleted during suspension. Access is restored after payment. Statutory default interest accrues on late payments.

3.5. The Provider may change the price with at least 30 days' notice. The new price applies from the next billing period. If the Customer disagrees, it may cancel before the new price takes effect. An already paid yearly subscription does not change until it expires.

4. Term and cancellation

4.1. The contract is concluded for an indefinite period. The subscription renews automatically for the same period (month or year) until one party cancels it.

4.2. The Customer may cancel the subscription at any time by email to hello@gumoteka.app. Cancellation takes effect at the end of the current paid period, and at the latest two months after notice. A paid yearly subscription is not refunded, not even partly; the service runs until the end of the paid year.

4.3. The Provider may terminate the contract with 60 days' notice. Any amount paid in advance for the period after termination is refunded pro rata.

4.4. Either party may terminate the contract immediately if the other party seriously breaches it and does not remedy the breach within 15 days of a written warning. The Provider may suspend access immediately if necessary to protect the service or other customers (e.g. an attack or abuse), and will notify the Customer.

5. Customer data, export and switching providers

5.1. Data the Customer enters (customers, vehicles, tyres, appointments and more) belongs to the Customer. The Provider uses it only to provide the service, under the Data Processing Agreement.

5.2. The shop owner can export the data at any time in a machine-readable format (CSV) under Settings in the app, or request an export by email, free of charge.

5.3. After the contract ends, the data remains available for export for 30 days. After that, the Provider deletes it within 30 days, and from backups within 7 days after that. The Customer may request a one-time extension of the export period by another 30 days.

5.4. At the Customer's request, the Provider reasonably helps with switching to another provider or to its own system, in line with Regulation (EU) 2023/2854 (Data Act). The Provider charges no fee for this.

5.5. The Customer warrants that it may enter and process its customers' data in line with the GDPR and that it has informed its customers. The Customer does not enter special categories of data (e.g. health data) or data not needed for the storage service in note fields.

6. Acceptable use

The Customer must not:

• use the service unlawfully or to enter data it has no legal basis for,
• try to access other people's data, bypass security or overload the system with automated requests,
• resell or rent the service to third parties without the Provider's written consent,
• copy, decompile or imitate the application.

7. Availability and support

7.1. The Provider aims to keep the service running continuously but does not guarantee a specific level of availability. Planned maintenance is done outside shop opening hours where possible and announced in advance.

7.2. Support is provided by email at hello@gumoteka.app on working days from 9:00 to 17:00. We usually reply by the next working day.

7.3. The database automatically keeps a short history of changes, so after an error it can be restored to its state from a few hours earlier. The Provider does not guarantee restoring older data. The Customer is still responsible for periodically exporting data that is critical to its business.

8. Intellectual property

All rights to the application, its code, design and the Gumoteka mark belong to the Provider. For the duration of the contract the Customer receives a non-exclusive, non-transferable right to use the service for its business. The Provider may freely use suggestions for improvements the Customer sends.

9. Liability

9.1. The Provider is liable for damage caused by breach of contract. The Provider's total liability on all grounds is limited to the amount the Customer paid in the 12 months before the event causing the damage.

9.2. The Provider is not liable for lost profit, lost business or other indirect damage.

9.3. The limits in 9.1 and 9.2 do not apply to damage caused intentionally or by gross negligence, to damage from injury to life, body or health, or where the law does not allow a limit (Art. 345 of the Croatian Civil Obligations Act).

9.4. The Provider is not liable for the accuracy of data the Customer enters, for the physical condition of tyres in the Customer's storage, or for damage from force majeure or outages of third-party services outside the Provider's control (e.g. the Customer's internet connection).

10. Changes to the Terms

The Provider may change these Terms. It notifies the shop owner in the app or by email at least 30 days before changes take effect. If the Customer disagrees, it may terminate the contract before that date at no cost. Continued use after that date means acceptance of the changes.

11. Governing law and disputes

11.1. This contract is governed by the law of the Republic of Croatia.

11.2. The parties will first try to settle any dispute by agreement. If that fails, the court with subject-matter jurisdiction in Zagreb has jurisdiction.

11.3. If the Terms are published in another language, the Croatian version prevails.

12. Provider details

ByteMe, obrt za računalno programiranje i ostale usluge, Hermanova 18D, 10000 Zagreb, Croatia, OIB 62629762140, registered in the Croatian Craft Register (City of Zagreb, Craft Register Section). The Provider is not registered for VAT. Email: hello@gumoteka.app.

This is a translation. If it differs from the Croatian version, the Croatian version prevails.