Terms of Service

 

END USER LICENSE AGREEMENT

 

This page explains the terms for using Komba Technology’s (“Komba” “we,” or “us”) software, website, mobile application and online services, and any other software provided on or in connection with the Komba services including the website with its subdomains, software, Mobile Software, Apple App Store -Sourced Software, Google Play Store and the Beta Software (collectively called the “Service”), so please read these terms of use (this “Agreement”) carefully before using the Service. If you have any questions, feel free to contact us.

 

Komba developed a digital platform called “Komba” (“Platform”) which is available through a mobile application and/or the Internet. On the Platform, Komba’s clients would advertise the need to perform certain tasks, as well as certain essential conditions for performing these tasks (time of performing the task, place of performing the task, compensation, etc.), and users of the Platform use the Platform in such a way that apply for the performance of services for which they are entitled to compensation.

 

ACCEPTANCE OF THE TERMS OF USE

 

READ THIS AGREEMENT CAREFULLY BEFORE BROWSING THE WEBSITE OR OTHERWISE USING THE SERVICE. USING ANY PART OF THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

 

By using the Service or otherwise accessing the Service, creating or registering an Account, downloading content or other information, you agree that you are the age of lawful capacity to form binding legal contracts in your jurisdiction of residence; provided that, in no event, will you be permitted to use the Service if you are under the age of 18. If you are using the Service on behalf of a company or other entity, then “you” includes you and that company or entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and you agree to this Agreement on the entity’s behalf.

 

In case of any conflict between this Agreement and any individual agreement concluded between Komba and you, the terms of the individual agreement shall prevail.

 

In case of disagreement with any of the terms and conditions specified below and / or non-compliance of this document with the laws of the Republic of Croatia, you shall refuse to use any Service. Otherwise, you shall be liable to Komba and third parties for covering all losses and expenses incurred as a result of non-compliance with the above-mentioned.

 

END USER LICENSE GRANT

 

  1. Komba’s Service

 

Unless where otherwise specified or clearly recognizable, all content available through the Services is owned or provided by Komba or its licensors.

 

For the purpose of this Agreement, the term Intellectual Property shall mean without limitation any patent, trademark, trade name, business name (including domain names and URLs), copyright and related rights, registered design, database right, unregistered design right (including rights in semiconductors) or other intellectual or industrial property protection and any application for such protection, and all rights in any secret process, know-how and inventions (whether patentable or registrable or not) or other confidential information in each case whether registered or unregistered and including applications for the grant of such rights and all other rights or equivalent forms of protection anywhere in the world (“Intellectual Property”).

 

Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service.

 

Komba reserves all rights not expressly granted herein in the Service and the Komba Content (as defined below). Komba may terminate this license at any time for any reason or no reason.

 

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Komba does not warrant that the Mobile Software will be compatible with your mobile device. Komba hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Komba Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Komba may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Komba or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Komba reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the Republic of Croatia, and is subject to Republic of Croatia’s export laws and regulations. The Mobile Software may not be exported or reexported to certain countries or those persons or entities prohibited from receiving exports from the Republic of Croatia. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Republic of Croatia and foreign laws related to use of the Mobile Software and the Service.

 

The rights of use granted shall not include any rights to the source code of any software relating to the Services.

Komba may analyze the use of the software and/or Services for security reasons as well as for product improvement, license auditing and/or marketing purposes. To that end, Komba may use, at its sole discretion, and implement technical measures regarding the functionality of the software and/or other Services.

  1. Mobile Software from App Store

 

The following also applies to any Mobile Software you acquire from the Apple or Google Play App Store (“App Store – Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Komba, not Apple or Google, and that Apple or Google have no responsibility for the App Store – Sourced Software or content thereof. Your use of the App Store – Sourced Software must comply with the respective App Store Terms of Service. You acknowledge that Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App Store – Sourced Software. To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App Store – Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Komba as provider of the software. You acknowledge that Apple or Google are not responsible for addressing any claims of you or any third party relating to the App Store – Sourced Software or your possession, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store – Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Komba as provider of the software. You acknowledge that, in the event of any third party claim that the App Store – Sourced Software or your possession and use of that App Store -Sourced Software infringes that third party’s intellectual property rights, Komba will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Komba acknowledge and agree that Apple and Google, and its’ subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the App Store – Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple and Google respectively will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store – Sourced Software against you as a third party beneficiary thereof.

 

  1. Beta Software

 

We may make available Mobile Software, any other software, or other software that allows you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the “Beta Software”). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta Software.

 

The license granted by Komba under this Agreement with respect to the Beta Software will automatically terminate upon the release of a generally commercially available version of the applicable Beta Software or will terminate as otherwise set forth in this Agreement or as determined by Komba (“Beta Period”). For the avoidance of doubt, the license is subject to the below restrictions, and Komba may revoke your license to the Beta Software or modify the permitted use of or suspend your access to any Beta Software at any time and for any or no reason.

 

You acknowledge that the Beta Software, its existence, its features, its capacities, its capabilities, its thresholds, its limitations, and its mode of operation, any related materials provided by Komba, any beta test results compiled by you, and other technical, business, product, marketing, and financial information, plans, and data relating to the Beta Software are the confidential information of Komba (“Beta Confidential Information”). You agree (i) to hold the Beta Confidential Information in strict confidence, (ii) not to disclose any Beta Confidential Information to any third parties except as authorized by Komba in writing, and (iii) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement including testing the Beta Software and providing feedback with respect to such Beta Software to Komba. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to protect his, her, or its own information of a similar nature and importance. You agree promptly to notify Komba in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by Komba.

 

THE BETA SOFTWARE IS NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, FOR THE AVOIDANCE OF DOUBT, KOMBA IS PROVIDING THE BETA SOFTWARE TO YOU “AS IS.” KOMBA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KOMBA DOES NOT WARRANT THAT THE BETA SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.

 

  1. Licenses

 

Certain components of the Service and Mobile Software are subject to separate license terms, including “free” or “open source” software (“Separately Licensed Code”). As required by the terms of the relevant Separately Licensed Code licenses, Komba shall present a list of such products and the modifications we made to it. The components of software referenced on this page have been provided under one or more open source licenses, and the list is complete to the best of our knowledge. If you believe any additional products should be provided under the applicable open source license, please contact us and provide in detail the product or code module in question. Komba is committed to meeting the requirements of any used open source licenses.

 

USER CONTENT LICENSE GRANT

 

By posting any uploads, feedback, information, images, data, text, software, messages or any other materials (each “User Content”) on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Komba a royalty free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Komba’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

 

If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. Notwithstanding the foregoing, you understand and agree that Komba may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by Komba for display on featured content, included in printed content, or otherwise used, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

 

In addition, by submitting any User Content, you are representing and warranting that:

 

  1. your User Content is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

 

  1. you were not and will not be compensated or granted any consideration by any third party for submitting your User Content;

 

  1. your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

 

  1. your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

This license shall apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all rights in the User Content.

 

OUR PROPRIETARY RIGHTS

 

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Komba Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Komba and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Komba Content. Use of the Komba Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

You shall not prepare any derivative work based on Komba’s Intellectual Property Rights, nor translate, reverse engineer, decompile or disassemble Komba’s Intellectual Property Rights.

 

Otherwise as provided herein, you acknowledge and agree that this Agreement does not operate to vest in you any right, title or interest to or in Komba’s Intellectual Property and you will not attempt to register anywhere in the world any of the trademarks, trade name or service mark confusingly similar to any of the Komba’s trademarks. Further, you acknowledge that you do not have any rights whatsoever to use or to license or authorise any third party to use any Komba’s Intellectual Property without the prior written consent of Komba.

 

You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Service, including without limitation about how to improve the Service or our other products (“Ideas”). You hereby grant to Komba a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Service and any of Komba’s other products, technology, services, specification or other documentation.

 

Any use of the Service beyond the scope of the licenses set forth in this Agreement is prohibited and, therefore, constitutes unauthorized use of the Service. This result is because as between you and Komba, all Intellectual Property rights relating to the Service remain Komba’s property.

 

INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT AND USE OF SERVICE

 

Komba respects the Intellectual Property rights of others and encourages you to do the same. Accordingly, Komba has a policy of removing User Content that violates Intellectual Property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s Intellectual Property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone’s Intellectual Property rights.

 

Komba implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law. If you believe your copyright or other Intellectual Property right is being infringed by a user of the Service, please provide written notice to our agent for notice of claims of infringement: workmarkt1@gmail.com.

 

To be sure the matter is handled immediately, your written notice must:

 

  1. contain your physical or electronic signature;

 

  1. identify the copyrighted work or other Intellectual Property alleged to have been infringed;

 

  1. identify the allegedly infringing material in a sufficiently precise manner to allow Komba to locate that material;

 

  1. contain adequate information by which Komba can contact you (including postal address, telephone number, and e-mail address);

 

  1. contain a statement that you have a good faith belief that use of the copyrighted material or other Intellectual Property is not authorized by the owner, the owner’s agent or the law;

 

  1. contain a statement that the information in the written notice is accurate; and

 

  1. contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

 

Unless the notice pertains to copyright or other Intellectual Property infringement, Komba will be unable to address the listed concern.

 

Komba reserves the right, in its sole discretion, to terminate the Account or access of any user of the Service who is the subject of repeated infringement notifications.

 

You agree that a violation of Komba’s Intellectual Property rights and the provisions of this Agreement will cause irreparable injury to Komba for which monetary damages would not be an adequate remedy and Komba shall be entitled to equitable relief in addition to any remedies it may have under this Agreement or under applicable law, without a bond, other security, or proof of damages.

 

Unauthorized use of the Service may result in violation of the applicable law. Unless expressly set forth herein or if you have written permission from Komba stating otherwise, you are not authorized to use the Service in any of the following ways:

 

  1. for any public or commercial purpose which includes use of any aspect of the Services on another site or through a networked computer environment;

 

  1. in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;

 

  1. in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

 

  1. to stalk, harass, or harm another individual;

 

  1. to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

 

  1. to interfere with or disrupt the Service or servers or networks connected to the Service;

 

  1. from a country sanctioned by the government of the United States or the EU or to facilitate transactions involving individuals sanctioned by the government of the United States or the EU or located in sanctioned countries.

 

  1. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

 

  1. to engage in wash trading or other deceptive or manipulative trading activities.

 

  1. to place misleading bids or offers.

 

  1. access, tamper with, or use non-public areas of the Service, Komba’s computer systems, or the technical delivery mechanics of Komba’s providers;

 

  1. bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Komba;

 

  1. use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by Komba to access the Service, extract data, or otherwise interfere with or modify the rendering of Services’ pages or functionality;

 

  1. reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code relating to any Service;

 

  1. use the Service for money laundering, terrorist financing, or other illicit finance otherwise obfuscating the source of traffic you send to Komba; or

 

  1. to attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.

 

Additionally, you agree not to: engage in any activity which operates to defraud Komba, other users, or any other person; or to provide any false, inaccurate, or misleading information to Komba; or access the Service from a different address if Komba has blocked any of your other addresses from accessing the Service, unless you have Komba’s prior written permission.

 

USE OF SERVICES

 

Komba reserves the right to refuse or cancel any Service at any time at our sole and absolute discretion.

 

In addition, you may cancel your Komba Account at any time; however, there are no refunds for cancellation. In the event that Komba suspends or terminates your Account or this Agreement, you understand and agree that you will receive no refund or exchange for any license fees for any portion of the Service, any content or data associated with your Account, or for anything else.

 

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. In no event will Komba be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

 

For the purpose of this Agreement, Taxes means any and all taxes, including without limitation income, franchise, sales, capital, transfer, property, payroll, withhold, VAT and other taxes, levies, imposts and duties of any nature whatsoever (“Taxes”).

 

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at. You will pay any applicable Taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

It is your obligation to determine any and all Taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection to the use of Services, it is your sole responsibility to collect, withhold, report and remit correct Taxes to the appropriate tax authority;

 

There are risks associated with using an Internet based products, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You accept and acknowledge that Komba will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service.

 

There may be additional risks that Komba has not foreseen or identified in this Agreement. You undertake to carefully assess whether your financial situation and tolerance for risk are suitable for using the Services. You accept and acknowledge that Komba will not be responsible for the risk of changes to the applicable regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Service.

 

YOUR ACCOUNT

 

In order to use the Services, you will need to register an account and provide certain information for the account. Your registered user name serves as your identity for the Services (the “Account”). If you want to, you may add additional information to your Account, such as a profile picture. This Account is personal and non-transferable. You therefore undertake not to use any automated means to use the Services, such as the use of robots or scripts, scraping, crawling, simulation or automated browsing techniques.

 

Your Account will be associated with your profile and display the individual shifts for that profile (and, if applicable, any content associated with such shift performed or in pipeline).

 

You understand and agree that you are solely responsible for maintaining the security of your Account and control over any usernames, passwords, or any other codes that you use to access the Services. You are solely responsible for keeping your Account secure and you should never share your Account’s credentials or any security phrase with anyone. You understand and agree that you will not hold Komba responsible for managing and maintaining the security of your Account. You further understand and agree that Komba is not responsible (and you will not hold Komba responsible) for any unauthorized access to or use of your Account. You are responsible for monitoring your Account. If you notice any unauthorized or suspicious activity in your Account, please notify us immediately by emailing workmarkt1@gmail.com with “Reporting Security Issue” in the email subject line.

 

Likewise, you are solely responsible for your Account and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account being compromised. You understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission. Your Account is your sole responsibility, and any claims that someone else used your account to violate this Agreement or change your settings will be dismissed.

 

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that if (a) you are an individual, you agree that you are not and (b) if you are an entity, you agree that neither you nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf is: (i) related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. or EU embargo, or any persons who are named on any list of sanctioned individuals or entities by the EU or UN; (ii) (or has ever been) prohibited from the transaction pursuant to U.S. or EU anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) resident in a country or jurisdiction under a U.S. or EU embargo. If you access or use the Service, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

 

You represent and warrant not use the Service for any improper purpose or in any manner, which may constitute a violation of applicable laws or which may cause damage to Komba’s reputation or which may expose Komba to investigation, prosecution or legal action.

 

Komba can require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of this Agreement. In such cases, Komba, in its sole discretion, can disable your Account and block your ability to access the Services until such additional information and documents are processed by Komba. If you do not provide complete and accurate information in response to such a request, Komba can refuse to restore your access to the Service. We reserve the right to cancel your Account, without notice, for any reason, at any time.

 

You agree to supply all AML and KYC documentation as reasonably required by Komba to provide the Service and any other such documentation that may be so reasonably required from time to time to fulfil any legal, regulatory or other obligation.

 

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Komba in its sole discretion, may decide to take.

 

NO PROFESSIONAL ADVICE

 

If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area.

 

PRIVACY

 

We care about the privacy of our users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the Republic of Croatia.

 

Relevant personal data shall only be processed in accordance with applicable data protection law. Komba shall only collect, save and process personal data that are necessary, adequate, relevant and not excessive in relation to the purpose for which they are collected or further processed. Your information may be shared by Komba with its affiliates in terms of provisions of the Services.

 

Full details of Komba’s Privacy Policy shall be found at (kombapp.com). You undertake to read the Privacy Policy carefully in order to be aware of the collected data, how the data is used and with who the data is shared with.

 

If at any time Komba determines that personal data has been compromised, Komba will notify you immediately and assist in providing notification to the proper parties as Komba deems necessary.

 

SECURITY

 

Komba cares about the integrity and security of your personal information. However, Komba cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

THIRD-PARTY LINKS

 

Your access and use of some of the Services offered by Komba may require you to use certain third-party products and/or services. Your use of such third-party products and services will require you to agree to and comply with additional privacy policies and terms and conditions. Your use of such products and services is entirely at your own risk and you must follow the privacy policies and terms and conditions of those third parties. Komba is not responsible for any third-party products, services, or content.

 

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Komba. Komba does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Komba’s Privacy Policy do not apply to your use of such sites. You expressly relieve Komba from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Komba will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless Komba and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, penalties, fines or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

NO WARRANTY

 

You acknowledge and agree that used technologies may be subject to bugs, malfunctions, timing errors, hacking and theft, which can adversely affect you and may expose you to a risk of total loss.

 

To the fullest extent provided by law, Komba and Komba’s technology providers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service. Further, Komba is not responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behaviour or software or any other features of the Service.

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOMBA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KOMBA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

 

KOMBA WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST KOMBA.

 

KOMBA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KOMBA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KOMBA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOMBA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KOMBA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOMBA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL KOMBA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KOMBA HEREUNDER OR € 100.00, WHICHEVER IS GREATER.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KOMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

The Service is controlled and operated from its facilities in the Republic of Croatia. Komba makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Republic of Croatia’s and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Republic of Croatia, or are a foreign person or entity blocked or denied by the Republic of Croatia or the EU. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Republic of Croatia.

 

If Komba shall be unable to perform the Services due to factors beyond its control, including but not limited to a force majeure event, change of law, or change in sanctions policy. Komba shall not be liable for the Services provided during the time period coincident with the event.

 

ANTI-MONEY LAUNDERING

 

Komba’s policy is to prohibit and actively prevent money laundering and any activity that facilitates money laundering or terrorism financing or criminal activities. Komba will only provide the Services to you upon successful completion of its KYC Process and its anti-money-laundering and risk due diligence in accordance with Applicable Laws. Komba insists on a comprehensive and thorough KYC and AML compliance framework, which includes monitoring of suspicious transactions, obligatory reporting to local regulators and other compliance authorities and keeping the identification and proof of address of documents and transaction records.

 

Komba. warrants and guarantees that it shall perform the Services and carry out its obligations under this Agreement with all due diligence and efficiency in accordance with the generally accepted techniques and practices commonly recognized in the industry.

 

Komba is entitled to monitor your use of the Services, if possible. You acknowledge that Komba may periodically review you relating to the KYC Process during the term of this Agreement, including inter alia, monitoring of fraud reports, and screening against sanctions.

 

TERMINATION

 

Komba may terminate any relationship with you at any time with immediate effect without giving prior written notice if:

 

  1. you commit a material breach of any provision of this Agreement which, in the case of a breach capable of being remedied, has not been remedied to the satisfaction of Komba claiming the breach within thirty (30) business days’ of notice in writing specifying the breach and requiring the same to be remedied having been given; or

 

  1. you commit (or your representatives or affiliates commit) fraud; or

 

  1. if it is required to do so due to an amendment of applicable law or due to a decision by a court or a government body.

 

  1. Komba, acting in good faith, reasonably believes that you are involved in any activities or omissions that would qualify as a criminal offence pursuant to applicable laws;

 

  1. you disrupt Komba’s regular business activities by means of, for example, spoofing, parameter tampering, exploitation of bugs, brute force or denial of service attacks and any other malicious activities;

 

  1. you fail to successfully pass any anti-money-laundering or risk due diligence, or KYC Process executed by Komba.

 

In case of termination pursuant to the preceding paragraph, you unconditionally acknowledge and agree that your Account will be forfeited.

 

You may terminate this Agreement and delete your Account at any time by sending an email to Customer Support (email: workmarkt1@gmail.com) and clearly stating your request. This termination shall automatically lead to the termination of this Agreement. If you wish to terminate this Agreement you unconditionally acknowledge and agree that your Account will be forfeited in.

 

SUSPENSION OF SERVICES

 

Komba is entitled, in its sole discretion, to suspend your Account or its Services in the event of reasonable grounds, if you fail to properly fulfil its obligations under this Agreement or you act in a way contrary to the applicable laws. In that case Komba shall notify you thereof within five (5) Business Days following the suspension.

 

If for the purpose of determining the continuation of the Services and your Account you do not provide complete and accurate information in response to such a request, Komba may refuse to restore your access to the Service.

 

Komba shall provide you with notice of such action. Komba reserves the right to close, suspend or limit access to the Service in the event Komba is unable to obtain and verify such information for monitoring purposes or in the case of your non-compliance with the obligations, representations and warranties from this Agreement.

 

Komba reserves the right to take action, with or without advance notice, if Komba believes you have violated this Agreement, including without limitation, disabling the ability to use the Service, disabling your ability to access the website, the application, and/or other actions.

 

Suspension of Services shall be for any reasonable period of time required by Komba to fully investigate your account activity and resolve, to Komba’s sole satisfaction, the subject questionable, suspect or fraudulent transactions or activities.

 

The right to extraordinary termination as sets herein shall remain unaffected by such suspension.

 

The suspension or deletion of Accounts shall not entitle to any claims for compensation, damages or reimbursement.

 

JURISDICTION AND GOVERNING LAW

 

  1. Jurisdiction

 

For any dispute you have with Komba, you agree to first contact us at and attempt to resolve the dispute with us informally and through mediation. You must commence this process by emailing written notification to Komba at workmarkt1@gmail.com. That written notification must include (1) your name, (2) your address, (3) a written description of your dispute, and (4) a description of the specific relief you seek. If Komba does not resolve the dispute to your satisfaction within 45 (forty five) days after it receives your written notification, you may pursue your dispute in mediation before the Croatian Chamber of Commerce. If the mediation before the Croatian Chamber of Commerce does not result in an amicable resolution within 60 (sixty) days from the day of initiation of the mediation, you may pursue your dispute before the Commercial Court in Zagreb.

 

Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

 

You may also request an extra-judicial mechanism to resolve any dispute relating to this Agreement from the competent bodies as defined in the applicable consumer rules. As an example, the European Online Dispute Resolution Platform (http://ec.europa.eu/consumers/odr/) provides information on alternative dispute resolution methods that may be of interest to you, but you are free to choose another extra-judicial mechanism.

 

If there is a dispute between users of the Services, or between any user of the Service and any third party, you acknowledge and agree that Komba is under no obligation to become involved. In the event that a dispute arises between you and any third party, you hereby release Komba, Komba’s officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes.

 

  1. Governing Law

 

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the Republic of Croatia, without regard to its conflict of laws rules.

 

MISCELLANEOUS

 

  1. Assignment

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior consent of Komba, but the rights, duties and obligations of Komba may be assigned, sublicensed, subcontracted, delegated, transferred or otherwise disposed of, in whole or in part be assigned by Komba without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

 

  1. Notification Procedures and Changes to the Agreement

 

By creating an Account, you consent that Komba may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Komba in our sole discretion. Komba reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

 

Komba may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ’last modified’ date at the bottom of this page. If you object to any such modifications, your sole recourse shall be to cease using the Service. Your continued use of the Service after any such change constitutes your acceptance of the new terms of the Agreement. If you do not agree to any of these terms or any future terms of the Agreement, do not use or access (or continue to access) the Service. Komba is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

 

  1. Entire Agreement/Severability

 

This Agreement, together with any amendments and any additional agreements you may enter into with Komba in connection with the Service, will constitute the entire agreement between you and Komba concerning the Service.

 

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word including means including but not limited to.

 

  1. No Waiver

 

No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Komba’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.

 

If you have any questions about this Agreement or otherwise need to contact us for any reason, you can reach us at workmarkt1@gmail.com.

 

  1. No Partnership

 

No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the Service. You do not have any authority whatsoever to bind Komba in any respect. Neither Komba nor any users of the Service may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.