Terms of Service

ReserveWithIt d.o.o. — Version 2.1 — Last updated: 1 June 2024

1. Definitions

1.1 "Service" means the ReserveWithIt platform, including the extension shop at reservewithit.org, account dashboard, all software modules sold through the shop, and all associated documentation and support services.

1.2 "Module" means any software extension module sold through the ReserveWithIt shop that connects to a third-party hotel management system (such as Reservit) via an API, as described on the relevant product page at the time of purchase.

1.3 "Reservit" refers to the property management system and booking engine operated by Reservit SAS, a third party unaffiliated with ReserveWithIt. ReserveWithIt is not affiliated with, endorsed by, or acting on behalf of Reservit SAS.

1.4 "API Credentials" means the API key(s), endpoint URL(s) and any other authentication tokens required to connect a Module to the Customer's Reservit account or other third-party account, as provided by the Customer.

1.5 "Subscription" means a recurring monthly licence to use a Module, as purchased through the ReserveWithIt checkout process.

1.6 "Personal Data" has the meaning given to it in the EU General Data Protection Regulation (GDPR) 2016/679 and the Montenegrin Law on Personal Data Protection (Zakon o zaštiti podataka o ličnosti, ZZPL).

1.7 "Billing Period" means each calendar month for which a Subscription fee is charged, beginning on the date of initial payment and recurring on the same calendar date each subsequent month.

2. Service description and independence

2.1 ReserveWithIt modules are independently developed third-party software extensions. They connect to third-party systems (such as Reservit) via published APIs. ReserveWithIt is not a reseller of Reservit or any other third-party platform.

2.2 ReserveWithIt modules require the Customer to hold an active subscription to the relevant third-party platform (e.g. Reservit) with API access enabled. ReserveWithIt is not responsible for any limitations, changes, or discontinuations of third-party APIs that affect the functionality of Modules.

2.3 Modules are designed to extend, not replace, the Customer's existing third-party platform subscription. The Customer remains solely responsible for maintaining their Reservit (or other platform) subscription, API access permissions, and compliance with the terms of any third-party platform.

2.4 ReserveWithIt makes reasonable efforts to maintain compatibility with the Reservit API. When Reservit releases API changes, ReserveWithIt will update affected Modules within a commercially reasonable timeframe, typically 48 hours for critical compatibility issues. ReserveWithIt does not guarantee uninterrupted operation during third-party API transitions.

3. Account registration and access

3.1 To purchase and use ReserveWithIt Modules, the Customer must provide a valid email address and complete the checkout process. An account is created automatically on successful payment.

3.2 Account access is provided via a time-limited secure link sent to the Customer's registered email address. The Customer is responsible for maintaining the security of their email account and for all activities that occur under their ReserveWithIt account.

3.3 The Customer must provide accurate and complete billing information at checkout. The Customer must promptly update this information in the event of changes.

3.4 The Customer must be 18 years of age or older and have the legal capacity to enter into binding contracts. If purchasing on behalf of a company, the individual completing the purchase represents that they have authority to bind the company to these Terms.

3.5 ReserveWithIt reserves the right to suspend or terminate any account that violates these Terms, with written notice to the Customer's registered email address.

4. Subscriptions and payment

4.1 All Modules are sold as monthly Subscriptions. The monthly fee for each Module is as stated on the ReserveWithIt product page at the time of purchase. Prices are exclusive of applicable taxes.

4.2 Payment is due at the start of each Billing Period. ReserveWithIt will issue a payment link or charge the Customer's saved payment method at the start of each Billing Period. Access to the relevant Module is conditional on payment being received in cleared funds.

4.3 If a payment is not received within 7 calendar days of the Billing Period start date, ReserveWithIt reserves the right to suspend access to the relevant Module until payment is made. Module data and configuration settings will be retained for 30 days following suspension before permanent deletion.

4.4 All prices are stated in Euros (EUR). ReserveWithIt will not be responsible for currency conversion fees or exchange rate losses incurred by the Customer.

4.5 ReserveWithIt reserves the right to change Module pricing with 30 days' written notice to the Customer's registered email address. The Customer's continued use of the Module after the price change takes effect constitutes acceptance of the new price.

4.6 For EU VAT-registered business customers ("B2B"), supplies from ReserveWithIt d.o.o. (a Montenegrin entity) are typically subject to the reverse-charge mechanism in the Customer's EU member state. The Customer is responsible for self-assessing and remitting VAT in their jurisdiction. ReserveWithIt will issue a VAT-compliant invoice on request, provided a valid EU VAT number is supplied.

5. Cancellation and refunds

5.1 The Customer may cancel any Module Subscription at any time from their ReserveWithIt account dashboard. No cancellation fee applies.

5.2 Cancellations take effect at the end of the current Billing Period. The Customer retains access to the Module until the end of the paid Billing Period.

5.3 ReserveWithIt does not offer refunds for partial months of a Subscription, except where required by applicable consumer protection law. Customers who are consumers (natural persons purchasing outside their trade or profession) residing in the EU benefit from the statutory 14-day right of withdrawal under Directive 2011/83/EU. Exercise of this right requires written notice to support@reservewithit.org within 14 days of purchase. Refunds under the withdrawal right are processed within 14 days of receiving the withdrawal notice.

5.4 If a Module is unavailable due to a confirmed technical failure on the part of ReserveWithIt (not attributable to third-party API changes) for a continuous period exceeding 72 hours in any calendar month, the Customer is entitled to a pro-rata credit for the period of unavailability, applied to the next Billing Period invoice.

5.5 The full Refund Policy is available at reservewithit.org/refund and is incorporated into these Terms by reference.

6. Intellectual property

6.1 ReserveWithIt retains all intellectual property rights in the Modules, the ReserveWithIt platform, and all associated software, documentation and marketing materials. These Terms grant the Customer a limited, non-exclusive, non-transferable, revocable licence to use the purchased Module(s) for the duration of the relevant Subscription(s), for the Customer's own internal business purposes.

6.2 The Customer must not: (a) copy, modify, reverse-engineer, decompile or disassemble any Module; (b) sublicence, sell, rent or otherwise transfer access to any Module to any third party; (c) use any Module to build a competing product; or (d) remove or modify any copyright, trademark or other proprietary notice in any Module or associated documentation.

6.3 "Reservit" is a registered trademark of Reservit SAS. ReserveWithIt uses this name solely to describe compatibility and is not claiming any rights in the Reservit name or brand. All other third-party trademarks mentioned on the ReserveWithIt platform are the property of their respective owners.

7. Data protection

7.1 ReserveWithIt processes Personal Data as described in the Privacy Policy at reservewithit.org/privacy and the Data Processing Agreement (DPA) at reservewithit.org/dpa, both of which are incorporated into these Terms by reference.

7.2 Where ReserveWithIt processes Personal Data on behalf of the Customer (for example, guest data retrieved from the Customer's Reservit account via the Module), ReserveWithIt acts as a data processor and the Customer acts as a data controller. The DPA governs this processing relationship.

7.3 The Customer represents and warrants that they have the legal basis required under applicable data protection law (including GDPR) to provide or grant access to any Personal Data that ReserveWithIt processes on their behalf in connection with the Service.

8. Warranties and disclaimers

8.1 ReserveWithIt warrants that Modules will perform materially in accordance with their product page descriptions under normal use conditions.

8.2 EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". RESERVEWITHIT MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 ReserveWithIt does not warrant: (a) that Modules will operate without interruption or error; (b) that Modules will remain compatible with third-party platforms (such as Reservit) at all times; (c) that any particular business outcome (such as revenue increase) will result from use of any Module.

9. Limitation of liability

9.1 To the maximum extent permitted by applicable law, ReserveWithIt's total aggregate liability to the Customer for any and all claims arising under 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 amount paid by the Customer to ReserveWithIt in the 12-month period immediately preceding the event giving rise to the claim.

9.2 ReserveWithIt shall not be liable for: (a) loss of revenue, profit, business or anticipated savings; (b) loss of data; (c) indirect, consequential or special loss; or (d) any loss arising from the Customer's reliance on or use of any third-party platform (including Reservit), whether or not ReserveWithIt was advised of the possibility of such loss.

9.3 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

10. Governing law and disputes

10.1 These Terms are governed by the laws of Montenegro. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Osnovni sud u Podgorici (Basic Court in Podgorica), Montenegro, subject to any mandatory consumer protection rights under the law of the Customer's country of habitual residence.

10.2 Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 calendar days following written notice of the dispute.

10.3 EU consumers may also use the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

11. Modifications to these Terms

11.1 ReserveWithIt may update these Terms from time to time. Material changes will be communicated by email to the Customer's registered address at least 30 days before the change takes effect. The Customer's continued use of the Service after the effective date constitutes acceptance of the revised Terms.

11.2 If the Customer does not accept the revised Terms, they may cancel their Subscription(s) before the effective date, in which case no further charges will be made.

12. Miscellaneous

12.1 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12.2 Entire agreement: These Terms, together with the Privacy Policy, DPA, Refund Policy and any Module-specific terms, constitute the entire agreement between the parties in relation to the Service.

12.3 No waiver: Failure by ReserveWithIt to enforce any provision of these Terms shall not constitute a waiver of that provision.

12.4 Contact: Any legal notices to ReserveWithIt must be sent in writing to support@reservewithit.org or by post to ul. Slobode 8, 81000 Podgorica, Crna Gora.