Splošni pogoji

Version 1.0 | Effective date: 9.6.2026

Issued by:

Smartis, pametni informacijski sistemi, d.o.o.

Ameriška ulica 8, 1000 Ljubljana, Slovenia

IMPORTANT DISCLAIMER: HACCPAL is a digital tool designed to support food-safety record-keeping. It does not constitute legal, regulatory or food-safety advice and does not guarantee compliance with any applicable HACCP, hygiene or food-safety legislation. The operator of each food-service establishment remains solely responsible for compliance.

Contents

1. Introduction and Acceptance of Terms

2. Definitions

3. Description of the Service

4. Account Registration

5. Organisations and Establishments

6. Subscription Plans, Free Trial and Billing

7. Cancellation and Refunds

8. Acceptable Use

9. Intellectual Property

10. User Content and Data

11. HACCP Disclaimer and Limitation of Liability

12. Privacy and Data Protection

13. Third-Party Services

14. Availability, Updates and Changes to the Service

15. Term and Termination

16. Changes to these Terms

17. Governing Law and Dispute Resolution

18. Contact and Complaints

1. Introduction and Acceptance of Terms

These Terms of Use (“the Terms”) govern your access to and use of the HACCPAL mobile application (the “App”) and the related services made available through the App and at haccpal.com (together, the “Service”), operated by Smartis, pametni informacijski sistemi, d.o.o. (“Smartis”, “we”, “us” or “our”).

By downloading, installing, registering for or otherwise using the App, you agree to be bound by these Terms and by our Privacy Policy (available at app.haccpal.com/legal/privacy), which is incorporated into these Terms by reference. If you are accepting these Terms on behalf of a legal entity (for example, a company operating one or more food-service establishments), you represent and warrant that you have authority to bind that entity.

If you do not agree to these Terms, do not download, install or use the App.

We may update these Terms from time to time in accordance with Section 16. Your continued use of the Service after any update constitutes your acceptance of the updated Terms.

2. Definitions

The following capitalised terms have the meanings set out below. Terms defined in the GDPR have the meaning given to them in Regulation (EU) 2016/679.

3. Description of the Service

HACCPAL is a mobile application that supports operators of hospitality and food-service establishments in implementing and maintaining their Hazard Analysis and Critical Control Points (HACCP) system. The Service currently enables, subject to the applicable subscription tier:

• digital creation, completion and storage of HACCP records, checklists and logs (including temperature controls, cleaning records, goods-receipt inspections and deviation reports);

• monitoring of control and critical control points and automated task reminders;

• upload and organisation of photographs and supporting HACCP documentation;

• assignment of tasks and records to employees within an Organisation;

• export and sharing of HACCP documentation.

The Service is intended exclusively for professional use by operators of food-service establishments and their employees. It is not intended for, and must not be used for, consumer or personal purposes.

4. Account Registration

4.1 Eligibility

You must be at least 18 years of age and acting in a professional or commercial capacity to register for and use the Service. By registering, you represent and warrant that this is the case.

4.2 Registration and account security

To access the Service, you must register for an account by providing a valid email address and creating a password. You agree to:

• provide accurate, current and complete registration information and keep it updated;

• keep your password confidential and not share it with third parties;

• notify us immediately at support@haccpal.com if you become aware of any unauthorised access to or use of your account;

• take responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate your account if we have reason to believe that your registration information is inaccurate, that your account has been compromised, or that you are in breach of these Terms.

4.3 Account deletion

You may delete your account at any time directly within the App using the in-app account-deletion feature, or by submitting a request via app.haccpal.com/portal/support. Account deletion is subject to the conditions set out in our Privacy Policy (Section 11).

5. Organisations and Establishments

5.1 Creating an Organisation

Upon registering, a User may create an Organisation within the App. The Organisation is the primary unit to which a Subscription is attached. The User who creates the Organisation becomes its owner and is responsible for managing it, including inviting other Users and administering Establishments.

5.2 Inviting employees

Organisation owners and administrators may invite employees of the food-service establishment to use the App as part of the Organisation. By accepting an invitation, an invited User agrees to these Terms. The Organisation owner or administrator is responsible for ensuring that invited Users are made aware of these Terms and of the Organisation’s use of the App, including for HACCP record-keeping purposes.

5.3 Business Customer obligations

If you are a Business Customer, you agree that:

• you are the operator of the Establishment(s) within your Organisation and are responsible for the lawful use of the Service within your Organisation;

• you will enter into a Data Processing Agreement (DPA) with Smartis before processing personal data of your employees through the App; a template DPA is available at https://app.haccpal.com/legal/dpa;

• you will ensure that your employees are informed about the processing of their personal data in connection with the App, in accordance with applicable data-protection law;

• you are solely responsible for the accuracy and completeness of the HACCP records and other Content created within your Organisation.

6. Subscription Plans, Free Trial and Billing

6.1 Subscription tiers

The Service is available under a freemium model. A limited set of features is available on the Free Tier without charge. The following paid Subscription tiers are available:

The features, limits and entitlements of each tier are described in the App and in the relevant Store listing. Actual prices may differ from those shown above; the price applicable at the time of purchase as displayed in the Store is the definitive price. Smartis reserves the right to adjust subscription prices in accordance with Section 16; existing subscribers will be given advance notice.

6.2 Free trial

Eligible new Users may activate a 30-day free trial of the Professional tier. A free trial is available only once per Apple ID or Google account. If you do not cancel before the end of the trial period, your account will automatically convert to a paid Professional Subscription and you will be charged the applicable monthly or annual fee. Smartis or the Store may determine additional eligibility criteria for free trials.

6.3 Billing and payment

All Subscriptions are purchased and billed exclusively through the Store (Apple App Store In-App Purchase or Google Play Billing). Smartis does not directly collect or process your payment-card details. By purchasing a Subscription, you agree to the payment terms of the applicable Store.

Subscriptions are billed on a monthly basis. Users may elect to prepay for twelve (12) months at a discounted annual rate; the applicable annual prices are set out in the table in Section 6.1 and in the Store listing.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date in accordance with Section 7.

6.4 Taxes

Prices shown include VAT where applicable under Slovenian and EU law. If you are a business located in a country where you are required to account for VAT on a reverse-charge basis, you are responsible for doing so.

6.5 Apple Small Business Program

Smartis participates in Apple’s Small Business Program, under which Apple’s commission on eligible App Store transactions is reduced. This programme may affect the pricing or availability of certain subscription options. Smartis’s participation is subject to Apple’s eligibility requirements and may change.

7. Cancellation and Refunds

7.1 Cancellation

You may cancel your Subscription at any time through the subscription-management settings of the applicable Store. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until that date. Smartis does not process cancellations directly.

7.2 Refunds

All refund requests in respect of Subscriptions purchased through the App Store or Google Play are handled exclusively by Apple or Google respectively, in accordance with their refund policies. Smartis has no authority to grant refunds for in-app purchases. To request a refund, please use the relevant Store’s standard refund process; Smartis will assist where it is able to do so.

7.3 Effect of cancellation

Upon cancellation or expiry of a Subscription, your account reverts to the Free Tier. Content and records stored within your Organisation remain accessible on the Free Tier subject to any applicable tier-based limitations. Organisation data is retained in accordance with our Privacy Policy.

7.4 Termination by Smartis

If Smartis terminates your Subscription for cause (see Section 15), no refund will be issued for any prepaid period. If Smartis discontinues the Service or a tier without cause, a pro-rata refund of any prepaid unused period will be provided by crediting the applicable Store account to the extent technically possible.

8. Acceptable Use

8.1 Permitted use

You may use the Service solely for its intended purpose: supporting the HACCP food-safety management processes of food-service establishments operated by you or your Organisation, in accordance with these Terms and applicable law.

8.2 Prohibited conduct

You must not:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation;

• use the Service for personal, consumer or non-commercial purposes;

• share your account credentials or allow others to access the Service through your account (other than invited Users within your Organisation);

• attempt to gain unauthorised access to the Service, its infrastructure, or other users’ accounts;

• reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the App;

• use the Service to store or transmit malicious code, viruses or harmful content;

• interfere with or disrupt the integrity or performance of the Service or its underlying systems;

• reproduce, redistribute, sell, resell or sublicense the Service or any part of it without Smartis’s prior written consent;

• misrepresent the accuracy or completeness of HACCP records or other Content created through the App;

• use the Service in a way that could create liability for Smartis or harm Smartis’s reputation.

Smartis reserves the right to investigate suspected violations and to take any action it deems appropriate, including suspension or termination of access.

9. Intellectual Property

9.1 Smartis’s intellectual property

The App, the Service and all related technology, software, algorithms, design, databases, trade marks (including “HACCPAL”), logos and other intellectual property rights are owned by or licensed to Smartis. Nothing in these Terms grants you any ownership of or licence to Smartis’s intellectual property, except for the limited right to use the Service as expressly set out in these Terms.

9.2 Licence to use the Service

Subject to your compliance with these Terms and payment of applicable Subscription fees, Smartis grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the App for its intended professional purpose as described in Section 3. This licence terminates automatically upon expiry or termination of your account.

9.3 Feedback

If you submit feedback, ideas or suggestions regarding the Service, you grant Smartis a perpetual, worldwide, royalty-free, irrevocable licence to use, copy, modify and incorporate that feedback into the Service without restriction or obligation to you.

10. User Content and Data

10.1 Ownership of Content

As between you and Smartis, you (or, as the case may be, the Business Customer on whose behalf you act) retain all rights, title and interest in and to the Content you create within the App. Smartis does not claim ownership of your Content.

10.2 Licence to host and process Content

By creating or uploading Content to the Service, you grant Smartis a limited, non-exclusive, worldwide licence to host, store, process, display and transmit your Content solely to the extent necessary to provide the Service. This licence terminates upon deletion of the Content or your account, subject to Smartis’s retention obligations under applicable law and the Privacy Policy.

10.3 Responsibility for Content

You are solely responsible for the accuracy, completeness and lawfulness of the Content you create within the App. You represent and warrant that you have all necessary rights to create and upload the Content, that it does not infringe any third-party rights, and that it does not contain personal data of third parties beyond what is necessary and proportionate for HACCP record-keeping purposes.

10.4 Data export

The Service provides functionality to export your HACCP records and Content in commonly used formats. You are responsible for maintaining any backups required by applicable food-safety legislation or your own operational needs.

11. HACCP Disclaimer and Limitation of Liability

11.1 Nature of the Service

The Service is designed to assist food-service operators in organising and maintaining their HACCP documentation. It does not: (a) perform hazard analysis or determine critical control points on your behalf; (b) assess whether your HACCP plan is adequate, complete or compliant with applicable law; (c) replace periodic on-site inspections, professional HACCP consultancy, or the expertise of a qualified food-safety specialist; or (d) guarantee compliance with EU Regulation (EC) No 852/2004, Slovenian food-safety legislation, or any other applicable national or regional requirements.

11.2 No warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED AVAILABILITY.

Smartis does not warrant that: (a) the Service will be error-free, uninterrupted or secure; (b) records created through the App will be accepted by food-safety inspectors or regulatory authorities; or (c) the Service will meet your specific operational requirements.

11.3 Limitation of liability

To the fullest extent permitted by applicable law, Smartis’s total aggregate liability to you arising out of or in connection with these Terms or the Service — whether in contract, tort (including negligence), breach of statutory duty or otherwise — shall not exceed the total Subscription fees paid by you to Smartis in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall Smartis be liable for: (a) indirect, incidental, special, consequential or punitive damages; (b) loss of profit, revenue, data, business or goodwill; (c) any regulatory fine, penalty or enforcement action arising from your failure to comply with food-safety or other applicable law; or (d) losses arising from your reliance on Content generated or stored through the App.

Nothing in these Terms limits Smartis’s liability for death or personal injury caused by Smartis’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

12. Privacy and Data Protection

The processing of personal data in connection with the Service is governed by our Privacy Policy, available at app.haccpal.com/legal/privacy, which is incorporated into these Terms by reference.

Where you use the Service as a Business Customer and personal data of your employees or other individuals is processed within your Organisation, you act as a data controller and Smartis acts as your data processor within the meaning of Article 4(8) GDPR. This relationship is governed by a Data Processing Agreement (DPA) to be concluded between you and Smartis. By creating an Organisation and inviting employees, you confirm that you have concluded, or will conclude before any employee personal data is processed, a DPA with Smartis.

You are responsible for ensuring that any personal data processed through the App complies with applicable data-protection law, including the GDPR and ZVOP-2.

13. Third-Party Services

13.1 App Store and Google Play

The App is distributed through the Apple App Store and Google Play. Your use of the App may be subject to the terms of the applicable Store. Apple Inc. and Google LLC are not parties to these Terms and are not responsible for the App or the Service. Subscription billing, renewal, cancellation and refunds are subject to the policies of the applicable Store.

13.2 Other third-party services

Smartis uses third-party services including Google Firebase (push notifications, crash reporting and analytics) and Atlassian Jira Service Management (customer support). These services are described in our Privacy Policy. Smartis remains responsible for its sub-processors’ compliance with applicable data-protection obligations.

13.3 Third-party links

The Service may contain links to third-party websites or resources. Smartis is not responsible for their content or availability, and the inclusion of any link does not imply endorsement.

14. Availability, Updates and Changes to the Service

Smartis aims to make the Service available at all times but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, technical issues or circumstances beyond Smartis’s reasonable control.

Smartis may update, modify or discontinue features of the Service at any time. Where a material change would adversely affect your use, Smartis will provide reasonable prior notice through the App, by email or through the Store.

Updates to the App are distributed through the Store. You are responsible for installing updates; failure to update the App may affect its functionality and security.

15. Term and Termination

15.1 Term

These Terms remain in force for as long as you have a registered account with the Service.

15.2 Termination by you

You may terminate these Terms at any time by deleting your account in accordance with Section 4.3. Cancellation of a Subscription in accordance with Section 7.1 does not itself delete your account.

15.3 Termination by Smartis

Smartis may suspend or terminate your account with immediate effect and without prior notice if: (a) you are in material breach of these Terms (and, where remediable, have not remedied it within 14 days of written notice); (b) you have provided false registration information; (c) your use poses a security, legal or reputational risk; or (d) Smartis is required to do so by law or a competent authority. Smartis may also terminate with 30 days’ notice for any other reason.

15.4 Effect of termination

Upon termination: (a) your licence to use the Service ceases immediately; (b) you must cease using the App; (c) your Content will be retained and deleted in accordance with the Privacy Policy. Sections 9, 10.1, 11 and 17 survive termination.

16. Changes to these Terms

Smartis may amend these Terms at any time. Where the changes are material, Smartis will provide at least 30 days’ prior notice through the App, by email, or through the Store. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes.

If you do not agree to the updated Terms, you may terminate your account before the changes take effect. If you hold a Subscription, a pro-rata refund of any prepaid period will be provided if you terminate solely due to a material adverse change to these Terms.

17. Governing Law and Dispute Resolution

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Slovenia, without prejudice to the directly applicable provisions of EU law.

In the event of a dispute, the parties shall first attempt to resolve it by good-faith negotiation. If not resolved within 30 days of written notice, the dispute shall be subject to the exclusive jurisdiction of the competent courts in Ljubljana, Slovenia.

If you are using the Service as a consumer, you may also have the right to use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr, and mandatory provisions of consumer-protection law in your country of habitual residence shall apply.

18. Contact and Complaints

For any question, complaint or support request, please contact us at:

Email (general inquiries): info@haccpal.com

Email (support): support@haccpal.com

Postal address: Smartis d.o.o., Ameriška ulica 8, 1000 Ljubljana, Slovenia

Support form: app.haccpal.com/portal/support

We aim to respond to all enquiries within 5 to 10 working days.