Sizmod Terms of services

Terms of use for users

By using the Sizmod application or any other component of the Domzis platform, you agree to these Terms of Use (“Terms of Use for Users").
Please read the following Terms of Use carefully before using the Sizmod application. If you do not agree with these Terms of Use, please do not use the Sizmod application. These Terms of Use apply to any use of the Sizmod Application. A more detailed description of the Domzis platform and data on system requirements are available at domzis.net.
The Terms of Use are concluded only between us and the User and not Apple Inc., therefore Apple Inc. is not responsible for the Sizmod application or its content. You agree that Apple Inc. and its subsidiaries (“Apple“) are third-party users of the Terms of Use, and that, following your acceptance of the Terms of Use, Apple has the right (and will be deemed to have accepted this right) to use Terms of use against you as a third party user.

1. Definitions

“Owner of the establishment" means the owner of a restaurant or other sales establishment, which has entered into an agreement with Domzis and offers its products and/or services and delivery services, if applicable, through the Domzis platform.
“Domzis platform" means the Domzis application and the Domzis online web access and the Domzis website domzis.net as well as other additional locations as listed on domzis.net.
“User" or “You" means the natural person using the Sizmod Application.
“Products" means groceries, consumer goods, household goods and other consumer goods and services, which the Facility Owner makes available through the Domzis platform.

2. Description of the Sizmod application

2.1. The Sizmod application is a user application intended for facility owners to monitor the status of their services within the Domzis platform.
2.2. Sizmod is an application that is an integral part of the Domzis platform.
2.3. The Domzis platform can work smoothly even without the Sizmod application, but due to easier monitoring of the state of services, it is recommended to the owners of facilities or services to use the Sizmod application.

3. User account

3.1. The User has a limited, non-exclusive, non-transferable and non-sublicensable right to use the Sizmod Application in the form we offer it solely for the purposes set forth herein.
3.2. In order to use the Sizmod application, the User must open a user account by following the registration instructions in the Sizmod application. Registration in the Sizmod application is free. User data in the Sizmod application is private. The User is obliged to ensure that all user account data and similar data required to access the User’s user account are kept confidential and used in a secure manner, which is not accessible to third parties.
3.3. If there is a suspicion that an unauthorized person has learned about the data on the User’s user account or has access to the User’s user account, the User will immediately notify Domzis. The User is responsible for any use of the Sozmod application and any action under the User’s user account.

4. Intellectual property rights

4.1. All Intellectual Property Rights in or related to the Domzis platform as well as all related documentation and all parts and copies thereof shall remain exclusively entrusted to Domzis and shall be the sole and exclusive property of Domzis and/or its subcontractors. “Intellectual Property Rights" means copyright and related rights (including database, catalog and photographic rights), patents, user models, design rights, trademarks, title, trade secrets, know-how and any other form of registered or unregistered rights intellectual property.
4.2. These Terms of Business do not guarantee any Intellectual Property Rights to the User within the Sizmod application, and all rights not expressly guaranteed by these Terms of Use are the rights of Domzis and its subcontractors.

5. Additional provisions on the use of the Sizmod application

5.1. Domzis is constantly developing the Domzis platform and reserves the right to change or remove various parts of the Sizmod application, including content, products and availability of the Merchant in the Sizmod application, in part or in whole.
5.2. By using the Sizmod application, the Property Owner may encounter content or information that may be inaccurate, incomplete, outdated, misleading, illegal, offensive or otherwise harmful. Domzis generally does not review content posted by Merchants. Domzis is not responsible for the content and data of third parties (including Merchants), nor for any damage caused as a result of using and relying on them.
5.3. The facility owner must comply with applicable third-party contract terms when using the Sizmod application.

6. Duration and Termination

6.1. These Terms of Use are in effect as a binding contract between Domzis and the Facility Owner until further notice as long as the Facility Owner uses the Sizmod application.
6.2. The user can stop using the Sizmod application at any time. Domzis may stop providing Domzis services temporarily or permanently at any time.

7. Objections

7.1. Domzis excludes all liability for loss or damage that You or any third party may suffer in connection with the Sizmod application, unless caused by Domzis’ intent or gross negligence or any other liability that cannot be excluded or limited under applicable law.
7.2. Apple has no obligation to provide any maintenance or support services in connection with the Sizmod Application. To the extent any maintenance or support is required by applicable law, we, not Apple, will be obligated to provide any maintenance or support. To the extent there is any statutory warranty that cannot be disclaimed, we, not Apple, are solely responsible for such warranty. We, not Apple, are responsible for resolving any claims of the User or any third party relating to the iOS Sizmod App or the User’s ownership and/or use of the iOS Sizmod App, including but not limited to: (i) liability for product; (ii) any claim that the iOS Sizmod App does not meet any applicable legal or regulatory requirement.

8. Governing Law and Dispute Resolution

8.1. These Terms of Business are regulated and interpreted in accordance with the laws of the Republic of Serbia.
8.2. If you are a consumer, please keep in mind that you cannot be deprived of the rights guaranteed to you in accordance with the mandatory consumer protection regulations of your country or residence.
8.3. Disputes arising from these Terms of Use will be resolved before the Commercial Court in Valjevo, Republic of Serbia.

9. Amendments

9.1. These Terms of Use are subject to change.
9.2. Domzis will publish the amended Terms of Use on the Domzis website and will inform the Users that Domzis’ Terms of Use have been changed through the Sizmod application or via the email provided by the User when registering in the Sizmod application. If the User does not agree to the changes to the Terms of Use of Sizmod, he will stop using the Sizmod application.

10. Assignment

10.1. Domzis is authorized to assign all or some of the rights or obligations arising from this relationship in whole or in part to a related person or successor or buyer or acquirer of its business assets in connection with the Domzis platform without the prior consent of the User.
10.2. The User is not authorized to assign any rights or obligations arising from this relationship in whole or in part.

DOMZIS d.o.o
Valjevo, Serbia