CONTENT

DefinitionsDescription of the DYS Business ServiceReservation ProcessData protectionIntellectual property rightsResponsibilitiesDisclaimer of warrantiesDuration and terminationFinal Provisions

CONTENT

By using the DYS Business service, provided by DOT YOUR SPOT d.o.o. (hereinafter referred to as “Dot”), You (hereinafter referred to as the “User”) accept these Terms and Conditions (hereinafter referred to as “Terms”).Please carefully read the following Terms before using DYS Business (hereinafter referred to as DYS Business, Platform, or System) as well as its content, features, and services (hereinafter referred to as Services), as these Terms constitute a contract governing the relationship between the User and Dot. If You do not agree with these Terms, You are not permitted to use the Services, as these Terms apply to any use of DYS Business pages, including websites, mobile sites, and applications (hereinafter referred to as DYS Business Pages or Pages).

1. Definitions1.1. “Caterer” refers to a legal or natural person (or their legal representative) that has entered into a business cooperation with Dot for their catering establishment, or the catering establishment they represent, and who, as a merchant, offers their products and services through the Platform. Unless otherwise specified, all Caterers are merchants within the meaning of applicable consumer protection laws.1.2. “User” or “You” refers to a natural person who uses DYS Business and must comply with all provisions of these Terms, as well as any other relevant documentation made available by Dot on its Pages.1.3. “Dot” refers to the company DOT YOUR SPOT d.o.o., based in the Republic of Croatia, which holds all rights to DYS Business as its Software as a Service (SaaS) product and provides software solutions to Caterers and Users.By clicking “Accept” or “Agree” or by accessing and using DYS Business:(1) You confirm that You have read, understood, and agreed to be bound by these Terms;(2) You represent and warrant that no law prohibits You from accessing and/or using DYS Business (including the use of DYS Business gift cards/vouchers, the Loyalty Program, or any programs associated with DYS Business).Dot may periodically amend and update these Terms, and we encourage You to regularly review them to stay informed of any changes. If You do not agree with these Terms or any amended or updated version thereof, You must discontinue using the Services. These Terms apply solely to Dot and You, the User. Caterers are third parties and are not parties to these Terms. The use of DYS Business by Caterers is governed by a separate agreement between Dot and the Caterer.

2. Description of the DYS Business Service2.1. DOT YOUR SPOT d.o.o., based in Split, Antuna Gustava Matoša 56, OIB: 93631185592, is the provider of the DYS Business software system. DYS Business is an advanced platform that provides reservation services for desired catering establishments, enabling Users to make quick and easy online reservations and, if required by the Caterer who is using the System, pay a deposit. Users can specify preferences related to reservations to ensure a more pleasant and personalized experience at the establishment. As mentioned, the System is developed and maintained by DOT YOUR SPOT d.o.o. with the aim of enhancing user experience and ensuring fast, secure, and efficient interaction between catering establishments and their guests.

3. Reservation ProcessGENERAL3.1. DOT YOUR SPOT d.o.o. provides the DYS Business technological platform, which connects Users and Caterers, allowing Users to easily and quickly reserve a place at desired catering establishments. Reservations are made through a web widget accessible via various pages defined by the Caterer or the catering establishment. Once the reservation process begins, the session during which the User has priority over the selected reservation time lasts five (5) minutes from the start of filling out the form until the reservation is completed. Users will be required to provide various information, including but not limited to: first and last name, email address, phone number, allergen information (optional), visit tags (optional), general notes (optional), and any special requests (optional). During the input of required information, the User must verify the provided email address for security reasons. The User must provide truthful, current, and complete information about themselves on the DYS Business widget and is solely responsible for such information, unless otherwise required by applicable law. Only after successful verification and completion of the reservation process by the User will the Platform send a notification to the Caterer’s tablet or other device regarding the reservation made by the User, at which point the reservation is considered successfully completed.ORDERING AND PAYMENT3.2. Upon reservation confirmation, if a deposit is required to complete the reservation, the User will be redirected to a payment form managed by the payment processor used by Dot. Accordingly, the Caterer may require the User’s card details to finalize the reservation. To use Services related to catering establishments requiring a deposit, You must provide valid debit or credit card information. Dot does not collect or use debit or credit card information, and details on how other User data is used can be found in the Privacy policy available on Dot’s Pages. If a Caterer chooses to require a deposit, the User will be informed of the exact amount via DYS Business prior to completing the reservation, and this amount is not determined by Dot. The User’s funds representing the deposit are reserved and charged only if the User fails to appear for the reservation at the specified time, place, and manner. If the User duly attends the reservation, the entire deposit amount will be released as soon as possible. Dot does not facilitate the payment process or authorize its execution and therefore bears no responsibility for any errors that may occur during the payment process, technical issues not caused by Dot, transaction inconsistencies, or any other errors. The terms and details of the payment process can be reviewed on the payment processor’s website used by the specific Caterer within their DYS Business widget.3.3. Required deposits are reserved immediately using one of the accepted cards, i.e., Mastercard, Maestro, Visa, Diners, or American Express. Dot charges Caterers a fee for using DYS Business, which does not affect the final product price for the User. The use of the Platform is completely free for Users.3.4. In certain situations, the final product price paid by the User may slightly vary due to technical differences in currency exchange rates as part of the payment process. Dot does not assume responsibility for differences in currency conversion or other payment process details.PAYMENT SECURITY FOR CREDIT CARDS3.5. Payments within DYS Business, including deposits for reservations, are processed through secure services provided by an external payment service provider with which Dot collaborates. All credit or debit card payments are conducted in accordance with the highest security standards, including data encryption and compliance with PCI DSS (Payment Card Industry Data Security Standard) requirements. Dot does not collect or store your credit or debit card information, which is processed exclusively by the external payment service provider, whose terms and security measures are available on their website. The User is responsible for ensuring that the card information provided is accurate and valid.3.6. In case of technical difficulties or transaction issues, Dot will provide reasonable assistance in resolving them in collaboration with the external payment service provider but does not bear responsibility for errors beyond Dot’s control, unless otherwise stipulated by the applicable legislation of the Republic of Croatia.DELIVERY3.7. Dot is committed to providing the highest quality Services to Users. To maintain the quality of Services, Users must conscientiously adhere to DYS Business usage rules and cancel any reservations unable to attend within the timeframe specified by the Caterer. The Caterer for whose establishment the User makes a reservation via DYS Business will be solely responsible for fulfilling the order at the time, place, and manner specified in the reservation, and Dot is not liable to the User for the proper execution of the reservation by the Caterer.3.8. The User agrees to use DYS Business only for its intended purpose, which is to reserve restaurants and other catering establishments and to attend those reservations on time in accordance with the rules defined by the Caterer through DYS Business or otherwise. Reselling and/or manipulating reservations is prohibited and may result in the cancellation of such reservations or temporary suspension of access to DYS Business.COMPLAINTS3.9. In accordance with the provisions of the Consumer Protection Act of the Republic of Croatia, the User has the right, without stating reasons, to unilaterally terminate a contract for services concluded outside business premises or remotely within 14 days from the date of its conclusion. For any complaints regarding the functioning of DYS Business, you may contact us via email at support@dotyourspot.com.Given the nature of catering services, complaints regarding the fulfillment of reservations made via DYS Business can be addressed immediately at the catering establishment and concern solely the Caterer. If the fulfilled reservation does not match the reservation made via DYS Business and/or if You are dissatisfied with the quality of the delivered goods/services, please contact the responsible person at the catering establishment where the delivery was made.REFUNDS3.10. In the case of refunds, refunds will be processed using the payment method used for the order, within a maximum of 14 days from the date of complaint confirmation, in accordance with the Consumer Protection Act of the Republic of Croatia.NOTES3.11.There is a possibility that the Caterer or the responsible person at the catering establishment may not be able to honor complaints if the products are partially or fully consumed, except in cases of justified reasons such as hygiene or health issues, which are entirely outside Dot’s responsibility, as already mentioned in these Terms.

4. Data protectionCOLLECTION, PROCESSING, AND USE OF DATA4.1. To use DYS Business, You are required to provide your personal information and valid card details for payment, if necessary. Dot processes and uses the provided data as defined in the Privacy Policy available on Dot’s Pages, and we particularly emphasize that Dot does not store payment method information, as the payment process is managed by the payment service provider used by Dot. All User personal data will be protected in accordance with the applicable data protection legislation of the Republic of Croatia and the European Union, and the User consents to the collection and processing of their personal data for the purpose of providing Services and improving and personalizing them. Your data is processed in accordance with GDPR, and among other rights, you have the right to access, correct, or delete your data upon request.4.2. The data controller for the collected personal data of Users is Dot, i.e., DOT YOUR SPOT d.o.o., unless otherwise specified, and all collected data will be processed in accordance with the Privacy Policy available on Dot’s Pages.4.3. The User agrees that DYS Business may collaborate with third parties and/or use artificial intelligence (AI) in providing and further developing Services. DYS Business processes entered data and all generated data for the purposes of providing Services, improving and optimizing them, ensuring quality, and other purposes in accordance with these Terms and our Privacy Policy. The User agrees that Dot is not liable for any damage or losses arising from the use of or reliance on such content.

STATEMENT ON DATA PROTECTION AND COLLECTION4.4. We are committed to protecting Users’ personal data by:

collecting only the necessary data about Users required to fulfill our obligations;
informing Users about the use of data, including through our Privacy policy.
regularly providing Users with the option to choose how their data is used, including the ability to decide whether they want their name removed from lists used for marketing campaigns.

All User data is kept confidential and accessible only to employees who require such data to perform their duties. All our employees and business partners are responsible for adhering to privacy protection principles.RESTRICTIONS ON USE4.5. The Platform is provided solely for the personal use of Users for the purposes described in these Terms. All other uses are prohibited, and Dot reserves the right to deny access to Users who violate DYS Business usage rules, including removing or editing content and potentially canceling reservations. If it is evident that a User has made a reservation or multiple reservations solely to cause harm to the Platform, Dot, the Caterer, and/or any third party, Dot reserves the right to cancel such reservation(s) at its discretion and without prior notice to the User. Harmful behavior includes, but is not limited to:(a) sabotaging operations with the intent to disrupt the catering establishment, Dot, or any third party associated with the Platform, whether through excessive, unrealistic, or malicious reservations that will not be fulfilled;(b) failing to comply with reservation cancellation rules by creating reservations with the intent to regularly violate the Platform’s or Dot’s rules, including frequent cancellations and/or no-shows, with the aim of causing financial losses or administrative burdens for the Platform, Dot, or Caterers;(c) entering user content on the Platform that could lead to legal consequences for Dot and/or associated persons;(d) entering user content that violates copyrights, intellectual property rights, or other third-party rights.Dot reserves the right to conduct internal investigations in cases of suspected malicious behavior. This includes, but is not limited to, analyzing User reservation patterns, reviewing cancellation and no-show histories, and any other evidence indicating malicious actions. If Dot cancels a reservation or reservations due to the conditions outlined in this paragraph, the User may be notified via email or within the Platform and may be subject to further sanctions, including but not limited to temporary or permanent suspension of Platform access and potential legal liability in cases of significant financial or other damages caused by the User’s malicious actions.4.6. Users must not use the Platform for any illegal activities, including but not limited to fraud, distribution of malicious software, phishing, or copyright infringement. Accordingly, Dot reserves the right to suspend or permanently disable User’s access to DYS Business at any time due to violations of these Terms, misuse of DYS Business, or behavior that endangers other Users, the Platform, Caterers, and/or third parties. The User agrees not to, personally or through third parties:(a) use any devices, connections, processes, or means to access, copy, and/or monitor, or use any device, software, or other tool to interfere with the functionality of the Services or any part of DYS Business;(b) take any action that would cause disproportionate or unreasonable strain on DYS Business infrastructure;(c) transfer, copy, grant access, or license any part of DYS Business to third parties;(d) modify any part of DYS Business and/or create any derivative of the product;(e) use DYS Business or any of its parts for any illegal purposes;(f) publicly disclose information that could be considered confidential regarding DYS Business or access or use the Services or DYS Business for any competitive purposes.4.7. The Platform allows the use of Services and making reservations for Users under 18 years of age, however, the Caterer or the person providing services on behalf of the Caterer is fully responsible for the correctness and legality of the service provided at the catering establishment during the actual execution of the reservation. The Caterer is solely responsible for taking all necessary actions in accordance with the applicable legislation of the Republic of Croatia and the European Union, particularly regarding the serving, provision, or sale of alcohol and alcoholic beverages. It is prohibited to serve, allow consumption of alcoholic beverages, or provide other beverages containing alcohol at the catering establishment to persons under 18 years of age, and Dot emphasizes that the Caterer is solely responsible for enforcing this legal provision at the time and place of the reservation.

5. Intellectual property rights5.1. Intellectual property rights and all other rights related to or associated with DYS Business, as well as all related documentation and all parts and copies thereof, are the sole and exclusive property of Dot. The User agrees that Dot is authorized to transfer any or all of its rights and obligations, in whole or in part, to an affiliated company, legal successor, buyer, or acquirer of business assets related to the Platform. All information and materials, including texts, media displays, and other features available and displayed through DYS Business, are protected by copyright and the Copyright and Related Rights Act, as well as other relevant intellectual property regulations. All Services available through the Platform are provided to the User by Dot, and Dot grants the User a non-exclusive, non-transferable, and revocable license to use DYS Business solely for the permitted use. The User is not granted a license for any other purpose of using DYS Business, and any other use that does not comply with these Terms and/or other relevant documents made available by Dot will constitute a violation of these Terms. Dot and its partners retain all rights to their respective parts of the Services and all related patents, trademarks, copyrights, trade secrets, and/or other intellectual property rights therein. These Terms do not grant a license, right, and/or interest in any DYS Business trademarks or those of any third party, such as Caterers and/or other Dot collaborators.5.2. The intellectual property rights mentioned in point 5.1 include, but are not limited to, copyrights, patents, industrial designs, trademarks, trade secrets, including business strategies and methods, know-how, databases, and any other form of registered or unregistered intellectual property rights.5.3. Dot will continue to develop the System, as with its other products, and it will therefore be subject to constant changes, which the User acknowledges by agreeing to these Terms.5.4. The Caterer may update, delete, or modify information related to their establishment(s). As a result, the User may encounter information within the System that may be inaccurate, outdated, illegal, and/or harmful. Dot is not the author of the content and information entered by Caterers regarding their establishment(s), and we ask that Dot is not held liable for any damage resulting from the use of or reliance on such information.

6. Responsibilities6.1.Users expressly acknowledge and agree to use the Platform at their own risk and responsibility. To the maximum extent permitted by applicable law, Users agree to release Dot (including its affiliated companies and their personnel) from liability for any claims, damages, losses, fines, penalties, costs, and expenses arising from or in any way related to:(a) these Terms and related documents;(b) any use of the Services, DYS Business, or the Pages and content created by DOT YOUR SPOT d.o.o.;(c) any failure, delay, or inability to use the Services or any components thereof;(d) your visit to any Caterer’s establishment.The aforementioned liability limitations and general liability limitations outlined in these Terms will not apply to damages caused to the User resulting from Dot’s intentional misconduct and/or gross negligence, and the liability limitation applies only to the extent permitted by European Union legislation.6.2. When Users make a reservation via DYS Business, they may be subject to separate terms and rules of the Caterer that apply to that reservation. It is the User’s responsibility to read and understand those rules, policies, and requirements before making a reservation at a specific catering establishment. Dot will not be held liable for issues and/or misunderstandings arising between the User and the Caterer regarding the reservation of the establishment, and the User is fully responsible for the accuracy of the information entered during the reservation process via DYS Business, just as the Caterer is fully responsible for fulfilling the reservation entered via DYS Business. Dot does not control how a reservation made via DYS Business will manifest in real time and space, and all further obligations arise solely between the Caterer at whose establishment the User made the reservation and the User.6.3. Similarly, Dot may, through DYS Business in collaboration with Caterers, occasionally offer Users various gift cards/vouchers as part of the so-called Loyalty Program via DYS Business. The use of benefits from Dot’s Loyalty Program will not be Dot’s responsibility, as Dot cannot control its execution in real time and space, and this is entirely the responsibility of the Caterer at whose establishment the benefit was redeemed. Dot’s responsibility is to designate as unacceptable any behavior by the Caterer that harms the User and/or third parties in any way.6.4. Dot, through DYS Business, may allow Caterers to publish photos, texts, and other media content showcasing their ambiance, menu, and offerings. However, Dot cannot guarantee complete alignment of texts and media displays with the actual appearance of food, space, and/or other elements presented, and therefore does not assume full responsibility for the same. All content related to catering establishments on DYS Business reflects solely the intentions of the Caterer, and Dot does not assume responsibility for any differences between the actual experience and what is presented. Users use DYS Business at their own risk, and Caterers are responsible for the accuracy and authenticity of their posts and claims in any form.6.5. Users acknowledge that Dot has no general obligation to monitor usage but has the right to review, disable access, remove, or edit DYS Business content to: (a) manage, secure, and improve the Platform; (b) ensure Platform compliance with these Terms and related documents; (c) comply with applicable legislation; (d) remove parts deemed harmful or inappropriate; (e) for any other reasons aimed at maintaining the Platform’s quality and functionality.6.6. Dot is not an agent, representative, or otherwise associated with the Caterer or the catering establishment for which the User made a reservation or otherwise engaged with via DYS Business.

7. Disclaimer of warranties7.1. Dot does not guarantee that DYS Business and the Services it provides will be flawless, uninterrupted, secure, error-free, or that they will meet the User’s specific requirements. All Dot products and services are provided without any other express or implied warranties. As previously mentioned, Dot is not liable for any losses, damages, and/or costs arising from the use or inability to use DYS Business, and the User is responsible for assessing the suitability of the Services for their specific needs.

8. Duration and termination8.1. These Terms take effect on the date of acceptance by the User and remain in force as a binding contract between Dot and the User as long as the User uses the Services, which can be ceased at any time without consequences.8.2. The User may terminate this contract at any time, without stating reasons, by ceasing to use the Services or by contacting Dot’s customer service, which can provide detailed guidance on their rights and potential obligations. Termination of the contract will not affect the User’s obligations incurred prior to the termination date.8.3. As previously mentioned, Dot reserves the right to temporarily or permanently suspend a User from using DYS Business at any time without prior notice in cases that may include, but are not limited to, violations of these Terms, unauthorized use, or User actions that jeopardize the security of the System and/or other Users.

9. Final Provisions9.1. These Terms are governed by the law of the Republic of Croatia and will be interpreted in accordance with the laws of the Republic of Croatia.9.2. The User agrees to attempt to resolve any disputes arising from their relationship with Dot amicably. However, if disputes arise regarding these Terms, they will be resolved before the competent courts of the Republic of Croatia, applying Croatian law as the applicable law. Notwithstanding the above, the User, as a consumer, may always initiate proceedings before the competent court of their place of residence to exercise their rights.9.3. These Terms are subject to changes to ensure compliance with the most current legal provisions, and Users are therefore advised to review them frequently.9.4. Dot will publish amended Terms, and the User will be informed of any changes by updating the date of the last revision, visible at the bottom of these Terms, and/or by sending a notification via email or another channel if the User has given their consent for such communication. If the User does not agree with any amended Terms, they must cease using DYS Business.