Last updated: January 29, 2021
1. THE TERMS AND THE SERVICE
1.2. The COMET PLAY platform includes the associated COMET PLAY mobile and desktop applications, cometplay.net, and other connected websites (collectively, the “Service“).
2. APPLICATION OF CUSTOMER TERMS
2.2. If you are a Customer (defined below), these Customer Terms govern your access and use of our Service, in addition to the User Terms. Please read these Customer Terms carefully before using the Service and operating your Workspace.
3. THE PARTIES AND LEGAL BINDING
3.1. These Customer Terms form a binding “Contract” between the Customer and Analyticom, a limited liability company which provides and implements specialized software solutions, incorporated in and organized under the laws of the Republic of Croatia (also referred to herein as the “Company,” “us,” “our,” or “we”). The “Customer” is a sports club or other organization that you represent in agreeing to the Contract (also referred to herein as “you” or “your”).
3.2. If you purchase a subscription(s), create a Workspace, invite Users to that Workspace, or use or allow the use of that Workspace after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of the Customer.
3.3. Please make sure you have the necessary authority to enter into the Contract on behalf of the Customer before proceeding.
4. SEPARATE AGREEMENT
4.1. These Customer Terms notwithstanding, the Company may enter into a Separate Agreement with a specific Customer, Customer’s representative, a group of Customers, or a representative of a group of Customers (a “Separate Agreement”).
4.2. The Separate Agreement may provide contractual terms that differ from the provisions herein, and in such case, if explicitly stated within the Separate Agreement or if a provision of the Separate Agreement and these Customer Terms are in obvious conflict, the provision of the Separate Agreement shall prevail.
5. CUSTOMER’S CONTROL
5.1. Who is the “Customer”?
The “Customer” is a sports club or other organization that you as the person agreeing to these Customer Terms represent. The Service is meant for sports clubs and other organizations; if the Workspace is being set up by someone who is not formally affiliated with a sports club or other organization, we shall consider the individual creating the Workspace as the Customer, and he/she will be bound by this Contract and all obligations herein.
If the Customer elects to replace you as the representative with ultimate authority for the Workspace, we will provide you with notice following such election, and you agree to take any actions reasonably requested by the Customer or us to facilitate the transfer of authority to a new representative of the Customer.
5.2. Who is the “Workspace Member”?
A Workspace Member as defined in these Customer Terms is a User that is a member of a specific Workspace and is consequently connected to the Customer operating that Workspace. Provisions of these Customer Terms set out certain rules regarding aspects of the relationship between a specific Customer and a Workspace Member as a member of that Customer’s Workspace.
5.3. User Data
5.4. Customer Data
Any data submitted to the Service not specifically designated as User Data shall be considered as Customer Data, i.e. data submitted by a Workspace Member to a Workspace. Individuals authorized by the Customer to access the Service (“Workspace Members”) may submit Customer Data to the Service, such as data values, messages, or files, and the Customer may exclusively provide us with instructions on what to do with it. For example, the Customer may provision or de-provision access to the Service, enable or disable third party integrations, manage permissions, data configurations, retention and export settings, transfer or assign Workspaces, update member details, schedule events, track member attendance, and measure performance, provide items for sale and collect payments in the Workspace Store, etc. When a Workspace Member (including you) submits Customer Data to the Service, such as data values, messages, or files, the Customer retains ownership of any intellectual property rights in that content.
5.5. Customer Obligations
The Customer shall:
- inform Workspace Members of all Customer policies and practices that are relevant to their use of the Service and of any settings that may impact the processing of Customer Data;
- obtain any rights, permissions, or consents from any Workspace Members that are necessary for the lawful use of Customer Data and the operation of the Service;
- monitor minor usage of their Workspace, and to monitor parental/guardian consent for use and processing of User Data that may relate to minors;
- ensure the transfer and processing of Customer Data under the Contract is lawful; and
- respond to and resolve any dispute with any Workspace Member relating to or based on Customer Data, the Service, or Customer’s failure to fulfill these obligations.
5.6. Ordering Subscriptions
A subscription allows a Customer to fully access certain Service functionalities. No matter the role, a subscription is required for each Customer. A subscription may be procured through the Service interface. Each Customer must first agree to the User Terms to become a User, to then subsequently request to activate their subscription and become a Customer. Subscriptions commence when we receive Customer payment for the ordered subscription. Each subscription is valid for a certain number of Workspace Members for a specified term.
5.7. Workspace Store
While the Service enables the Customer to establish a Store to sell and provide product and services to its Workspace Members (or other Users if applicable), the Company waives all responsibility or liability regarding the Customer services and products offered, execution of sales agreements, payment processing, the consummation of consumer rights Store patrons may have or claim to have, in relation to the functioning of the Store and the provision of Customer products or services. The Customer is solely and exclusively responsible for the running of the Store, the services and products offered, execution of sales agreements, payment processing, the consummation of consumer rights or any other conceivable rights Store patrons may have or claim to have, in relation to the functioning of the Store and the provision of Customer products or services.
5.8. Purchasing Decisions
We may share information about our future product plans. Our public statements about those product plans are an expression of intent, but please do not rely on them when making a purchase. If the Customer decides to buy our Service, that decision should be based on the functionalities or features we have made available today and not on the delivery of any future functionalities or features.
5.9. Testing New Features
Occasionally, we look for beta testers to help us test our new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for prime time, so they are made available “as is,” and any warranties or contractual commitments we make for other Services (if any) do not apply. Should the Customer encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to iron out issues before making a new feature widely available.
We appreciate hearing from our customers and welcome your comments regarding the Service. If you choose to provide feedback, comments, or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that:
- you have the right to disclose the Feedback,
- the Feedback does not violate the rights of any other person or entity, and
- your Feedback does not contain confidential or proprietary information of any third party or parties.
By sending us any Feedback, the Customer
- agrees that we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
- acknowledges that we may have something similar to the Feedback already under consideration or in development,
- grants us (for itself and all of its Workspace Members) an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any obligation or compensation to the Customer or any Workspace Member, and
- irrevocably waives, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback.
This Feedback section shall survive any termination of the Contract or the Services.
6. CUSTOMER AND WORKSPACE MEMBERS
6.1. Use of the Service
The Customer must comply with the Contract and ensure that its Workspace Members comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We are not responsible for the content of any Customer Data or the way the Customer or its Workspace Members choose to use the Service to store or process any Customer Data. The Customer is solely responsible for providing high-speed internet service for itself and its Workspace Members to access and use the Service.
6.2. Customer Administration of a Workspace
The Customer may administer the Workspace at its discretion and may freely invite and remove Workspace Members. Unless provided otherwise by these Customer Terms, the Company shall not intervene or adjudicate in Customer-Workspace Member disputes regarding the administration of a Workspace in any case.
6.3. Our Removal Rights
If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data, we will, in most cases, ask the Customer to take direct action rather than intervene. In some cases, we may directly step in and take what we determine to be appropriate action if the Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Service, Workspace Members, or any third parties.
7. PAYMENT OBLIGATIONS
7.1. Payment Terms:
For Customers that purchase our Service, fees are specified at the Service interface “check-out” — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event the Customer downgrades any subscriptions from a paid plan to a free plan or cancels the Service altogether, the Customer will remain responsible for any unpaid fees under the paid plan, and Service under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term.
However, the Company may enter into a Separate Agreement with a specific Customer, Customer’s representative, a group of Customers, or a representative of a group of Customers. Such a Separate Agreement may define Payment Terms that differ from the above-provisioned terms, and in such case, the separately agreed Payment Terms shall prevail. If not explicitly provided otherwise by the Separate Agreement, the remaining Payment Obligations defined in these Customer Terms shall apply.
7.2. Fees and Taxes
Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). The Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, the Customer will reimburse us for such withholding tax.
8. OUR RESPONSIBILITIES
8.1. Providing the Service
We will make the Service available to the Customer and its Workspace Members as described in the Contract. We will not use or process Customer Data for any purpose without the Customer’s prior written instructions; provided, however, that “prior written instructions” will not be necessary when the use or processing of Customer Data is closely linked to the use of the Service by Workspace Members, or otherwise necessary for the performance of the Contract.
8.3. Protecting Customer Data
The protection of Customer Data is a top priority for us, so we will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion, and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third-party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. The Customer bears sole responsibility for adequate security, protection, and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible for what the Customer’s Workspace Members do with Customer Data. That is the Customer’s responsibility.
9. OWNERSHIP AND RPOPRIETARY RIGHTS
9.1. Ownership of Customer Data
As between us on one hand, and the Customer and any Workspace Members on the other, the Customer will own all Customer Data. Subject to the terms and conditions of the Contract, the Customer (for itself and all of its Workspace Members) grants us a worldwide, non-exclusive, limited-term license to access, use, process, copy, distribute, perform, export, and display Customer Data, only as reasonably necessary:
- to provide, maintain and update the Service;
- to prevent or address Service, security, support, or technical issues;
- as required by law; and
- as expressly permitted in writing by the Customer.
The Customer represents and warrants that it has secured all rights in and to Customer Data from its Workspace Members as may be necessary to grant the license above.
9.2. Ownership of the Service
We own and will continue to own the Service, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of Customer Data and other Service content), computer code, products, software, and all other elements and components of the Service excluding Customer Data. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Analyticom, COMET, and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the content described in this section, in whole or in part except as expressly authorized by us.
We grant, for the duration of the Contract, a non-sublicensable, non-transferable, non-exclusive, limited license to the Customer and its Workspace Members to use the object code version of these components, but solely as necessary to use the Service in accordance with the Contract and the User Terms. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the related content described in this section are retained by us.
10. TERM AND TERMINATION
10.1. Contract Term
As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions.
All subscriptions automatically renew (without the need to go through the Service interface “check-out”) for additional periods equal to one (1) year or the preceding term, whichever is shorter. The per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term unless changes in pricing have been implemented and communicated to the Customer at least forty-five (45) days before the day of the subscription term Auto-Renewal. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.
10.3. Termination for Cause
The Customer or we may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. The Customer is responsible for its Workspace Members, including for any breaches of this Contract or other applicable terms caused by its Workspace Members. We may terminate the Contract immediately on notice to the Customer if we reasonably believe that the Service is being used by the Customer or its Workspace Members in violation of applicable law.
10.4. Termination Without Cause
The Customer may terminate its free subscriptions immediately without cause. We may also terminate the Customer’s free subscriptions without cause, but we will provide the Customer with fifteen (15) days prior written notice.
In cases of Customer termination of a paid subscription without cause, the Customer will not be refunded for any prepaid fees covering the remainder of the term.
10.5. Effect of Termination
Upon any termination for cause by the Customer, we will refund the Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, the Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve the Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
10.6. Data Portability and Deletion
We are custodians of Customer Data. During the term of a Workspace’s subscriptions, the Customer will be permitted to export or share certain Customer Data from the Service; provided, however, that because we have different products with varying features and the Customer has different retention options, the Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of service plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a Workspace’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control. For Customers based in the EU, the EEA, and Switzerland, personal data processing is additionally regulated by the Data Processing Addendum to these Customer Terms.
11. REPRESENTATIONS AND DISCLAIMER OF WARANTIES
11.1. Customer Representation
The Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so. The Customer further represents and warrants that it is responsible for the conduct of its Workspace Members and their compliance with the terms of this Contract and the User Terms.
11.2. Disclaimer of Warranties
Except as expressly provided for herein, the Service and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Customer acknowledges that we do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
12.1. Limitation of Liability
Other than in connection with a party’s indemnification obligations hereunder, in no event, will either Customer’s or our aggregate liability arising out of or related to the Contract or the User Terms (whether in contract or tort or under any other theory of liability) exceed the total amount paid by the Customer hereunder in the twelve (12) months preceding the last event giving rise to liability. The foregoing will not limit the Customer’s payment obligations under the “payment terms” section above.
In no event are we or the Customer to be considered liable to the other party or to any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by applicable law.
The limitations under this “Liability” section apply with respect to all legal theories, whether in contract, tort, or otherwise, and to the extent permitted by law. The provisions of this “Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Service.
12.2. Login Credentials and 2FA
The Customer is responsible for all login credentials, including emails and passwords, for administrator accounts as well the accounts of your Workspace Members. We will not be responsible for any damages, losses, or liability to the Customer, Workspace Members, or anyone else if such information is not kept confidential by the Customer or its Workspace Members, or if such information is correctly provided by unauthorized third-party logging into and accessing the Service. The Service supports logins using two-factor authentication (“2FA”), which is known to reduce the risk of unauthorized use of or access to the Service. We, therefore, will not be responsible for any damages, losses, or liability to the Customer, Workspace Members, or anyone else if any event leading to such damages, losses, or liability would have been prevented by the use of 2FA.
13.1. Customer’s Indemnification of Us
The Customer will defend us from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to the Customer’s or any of its Workspace Members’ violation of the Contract or the User Terms (a “Claim Against Us”), and will indemnify us (and any other Indemnified Party if applicable) for all reasonable attorney’s fees incurred and damages and other costs finally awarded against us (and any other Indemnified Party if applicable) in connection with or as a result of, and for amounts paid by us (or any other Indemnified Party if applicable) under a settlement the Customer approves of in connection with, a Claim Against Us.
We must provide the Customer with prompt written notice of any Claim Against Us and allow the Customer the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting the Customer’s defense and settlement of such matter.
13.2. Limitations on Indemnifications
Notwithstanding anything contained in the preceding section, an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel. Notwithstanding anything contained in the preceding section, no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if:
- the third party asserting the claim is a government agency,
- the settlement arguably involves the making of admissions by the indemnified parties,
- the settlement does not include a full release of liability for the indemnified parties, or
- the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
14.1. Confidential Information
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including non-public business, product, technology, and marketing information. Furthermore, Confidential Information is considered as such if it may be deemed as confidential per the provisions Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Confidential Information of the Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential.
Notwithstanding the above, Confidential Information does not include information that:
- is or generally becomes available to the public without breach of any obligation owed to the Disclosing Party;
- was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party;
- is received from a third party without breach of any obligation owed to the Disclosing Party, or
- was independently developed by the Receiving Party.
14.2. Protection and Use of Confidential Information
The Receiving Party will:
- take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Contract; and
- not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors, provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
14.3. Compelled Access or Disclosure
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
15. GENERAL PROVISIONS
15.1. Documentation of Compliance
Upon the Company’s request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with these Terms or the Separate Agreement, specifically in regards to compliance with provisions of these Terms and the Separate Agreement which determine payment, confidentiality, privacy, ownership/other rights pertaining to data and ownership/other rights regarding intellectual property on content and information that is transferred through or uploaded to the Service.
The Customer grants us the right to use the Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. The Customer may send us an email to email@example.com stating that it does not wish to be used as a reference.
15.3. Force Majeure
Neither us nor the Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
15.4. Relationship of the Parties; No Third-Party Beneficiaries
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to the Contract.
Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to the Customer through the Service. Notices to the Company will be sent to firstname.lastname@example.org, except for legal notices, such as notices of termination or an indemnifiable claim, which must be sent to email@example.com. Notices will be deemed to have been duly given the day after they are sent, whether they are sent through email or through the Service.
As our business evolves, we may change these Customer Terms and the other components of the Contract. If we make a material change to the Contract, we will provide the Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with the Customer’s account or by messaging the Customer through the Service. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If the Customer (or any Workspace Member of a Workspace operated by the Customer) accesses or uses the Service after the effective date, that use will constitute the Customer’s acceptance of any revised terms and conditions. The Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract.
No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety, without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. The Customer will keep its billing and contact information current at all times by notifying the Company of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party.
The headings and sections titled “Feedback,” “Our Removal Rights,” “Use of the Service,” “Payment Terms,” “Credits,” “Ownership of Customer Data,” “Ownership of the Service,” “Effect of Termination,” “Data Portability and Deletion,” “Representations; Disclaimer of Warranties,” “Liability,” “Indemnification” “Limitations on Indemnifications,” “Confidentiality” and “Survival,” as well as all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the Contract.
15.11. Headings, Interpretation
The headings, section titles, and captions used in these Terms are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural and vice versa.
15.12. Governing Law
The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law of the Republic of Croatia, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the Republic of Croatia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms or its formation, interpretation, or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
15.13. Entire Agreement
Ulica Grada Vukovara 271
10000 Zagreb, Croatia