General Terms and Conditions

”Mavles“ means ”MAVLES DOO Beograd-Novi Beograd“, a legal person from Belgrade, Novi Beograd, address: Vladimira Pogačića 8b, Reg. No. 21568660, TIN: 111914052, the owner of the Software and assignor of the right of use relating to the Software by means of the Agreement.

Ordering Party means a legal person, natural person or sole proprietor that concludes an Agreement with Mavles.

Site Administrator is a person assigned by the Ordering Party the role of Site Administrator who creates an Account, uses the Software, creates a project, assigns the role of Project Manager and assigns Users the Software to use it, oversees the use of Software by Users.

Project Manager is a person whom Site Administrator assigns the role of Project Manager and who assigns Users the Software to use it, oversees the use of Software by Users, has access to the Software and directly or indirectly uses the Software and manages the project.

User means a person assigned by Site Administrator and Project Manager the role of User with access to the Software and who uses the Software either directly or indirectly. Users may be Company Users and Guests (Guest Users), depending on the role assigned to them by Site Administrator and/or Project Manager. Within the meaning of contractual provisions and these General Terms and Conditions, the term ”Users” relates both to Company Users and Guests (Guest Users).

Software under the name ”MAVLES Project Management Tool“ means an application enabling presentation, processing and exchange of the Content among Ordering Party, Site Administrator, Project Manager, User and/or third party and is intended for project planning, elaboration management, as well as for project realization through 10 modules. Software is  neither accounting nor financial application and is not subject to regulations dealing with accounting and/or financial activities.

Positive Regulations imply all applicable provisions of generally accepted rules of international law, ratified treaties, international conventions, the Constitution, by-laws and other legally binding regulations in the Republic of Serbia.

Content means any form of information, data, photos, charts, signs, characters of verbal or non-verbal type entered by persons in Software.

Malware means a software designed to be infiltrated in a computer system without notifying and the consent of its owner and it implies computer viruses, worms, Trojans, spyware, dishonest adware, crimeware, rootkit, as well as other malicious and undesired software.

Link means a link between two or more different internet pages.

Server means a computer system enabling functioning of the programme and device on which web pages, portals and other types of components are located and enabling processing of inward/outward user requests.

Account means Ordering Party user profile to access to the Software created upon the conclusion of the Agreement and implies an individual internet address (client subdomain) on domain mavles.com.

Software Blockade means a temporary and/or permanent denying access to the Software or preventing the use of Software by Ordering Party, Site Administrator, Project Manager, End User and/or third party.

Agreement means an Agreement of Assignment of Rights to Software concluded by Mavles and Ordering Party.

1.1 Software is an application enabling presentation, processing and exchange of the Content among Ordering Party, Site Administrator, Project Manager, User and/or third party and it is intended for project planning, project development and management and project realization through 10 action modules (hereinafter: Software).

1.2 Action modules comprise:

• module 1 under the name ”Projects“ implies project monitoring and management, assignment of team and team roles, assignment of authorizations to team members, monitoring project status reports;
• module 2 under the name ”Tickets“ implies the system of monitoring, management, processing error solving within a project, assignment of problem-solving orders (ticketing system that implies error correction, time of response etc.) to Users;
• module 3 under the name ”Scope“ implies project scope management through a list of actions for its realization at several levels – shortcoming registration, request alteration analysis, approval, realization, validation and control, where both documentation and other materials can be entered;
• module 4 under the name ”Training“ implies training of User, where materials are assigned and it is marked if User completed training;
• module 5 under the name ”Testing“ implies project testing, defining test packages, assignment of test packages to team members, functionality, project quiz and survey generation;
• module 6 under the name ”Time and Travel“ implies records of travel expenses and time spent on project activities and work processes;
• module 7 under the name ”Risks“ implies records and analysis of project risks;
• module 8 under the name ”Finance” implies project financing, project budget creation, budget management, overview of planned and realized invoices, invoice status, project monitoring, monitoring time spent on activities and travel expenses;
• module 9 under the name ”Communication“ implies communication space, task lists, assignment of tasks to Users, project status reports;
• module 10 under the name ”Schedule“ implies creating and managing project activities, assignment of tasks to Users resulting from project activities.

1.3 The Software whose author is legal person ”Mavles DOO Beograd-Novi Beograd“, according to the provisions of Article 1-7 of the Act on Copyrights and Related Rights is a copyrighted work and it is protected by the provisions of the Act on Copyrights and Related Rights, Act on Fundamentals of Proprietary Relations, Act on Obligations, Act on Legal Protection of Industrial Design, Criminal Code and other Positive Regulations protecting intellectual property rights.

 2.1            General Terms and Conditions of Business Activities (hereinafter: General Terms and Conditions) are defined and published by Mavles in accordance with Article 142 of the Act on Obligations and express a declaration of will of Mavles relating to general terms and conditions under which Mavles in its legal dealings assigns rights to the use of Software, rights and obligations of Ordering Party, Site Administrator, Project Manager, User and/or third parties, their responsibilities, Software maintenance, guarantee, giving Software on trial use free of charge, terms and conditions for taking other actions relating to the Software, as well as other material and process activities relating to the  enjoyment of rights to Software.

2.2            General Terms and Conditions imply supplementing special agreements under the Agreement and constitute an integral part of the Agreement. By concluding the Agreement, contracting parties agree with and are familiar with these General Terms and Conditions and this provision and accept General Terms and Conditions as an integral part of the Agreement.

Software Blockade means a temporary and/or permanent denying access to the Software or preventing the use of Software by Ordering Party, Site Administrator, Project Manager, End User and/or third party.

Agreement means an Agreement of Assignment of Rights to Software concluded by Mavles and Ordering Party.

3.1 General Terms and Conditions are applicable from the day of Agreement conclusion and they bind Ordering Party without limitation during the Agreement validity period and remain in force upon its expiration.

3.2 General Terms and Conditions apply to Site Administrator, Project Manager and User who do not conclude Agreement and are binding for them from the date of acceptance of General Terms and Conditions by accepting the provisions of General Terms and Conditions after the first access to the Software and they confirm them by pressing the button ”I ACCEPT“, which is deemed to be a confirmation that the person has read, understood and accepted the provisions of General Terms and Conditions and that the respective person is bound without limitation by the provisions of General Terms and Conditions as stipulated therein.  

3.3 General Terms and Conditions also apply to persons who do not conclude the Agreement and have not confirmed them by pressing the button  ”I ACCEPT“, but indirectly and/or directly have been granted access to Software by the person who accepted the provisions of General Terms and Conditions, therefore the provisions of General Terms and Conditions bind the stated persons after their first access to the Software as by accessing it they are deemed to have read, accepted and understood the provisions of General Terms and Conditions, therefore such persons are bound by General Terms and Conditions without limitation, all in accordance with the provisions of General Terms and Conditions.

3.4 Persons who enable other person to access the Software and/or to use the Software without giving a confirmation by pressing ”I ACCEPT” in the manner described in the previous paragraph undertake to familiarize such person with the content of General Terms and Conditions and it/he/she is responsible for all actions of the person whom it/he/she enabled access and/or use.

3.5 It is deemed that persons who have access to the Software and/or use the Software on behalf and for the account of other person have legal powers and/or authorization for representation and that they are fully authorized for such actions. Such persons undertake to familiarize the person on whose behalf and for whose account they act with the content of General Terms and Conditions and are accountable for their actions, as well as for the actions of persons on whose behalf they act. Persons who act on behalf and for the account of other person are aware of the fact and agree that the provisions of General Terms and Conditions bind both them and the person on whose behalf and for whose account they act. These provisions may apply to employees, consultants, legal representatives, holders of power of attorney, procurators, custodians, receivers, as well as to any other person acting on behalf and for the account of other person.  

3.6 Provisions of General Terms and Conditions bind Ordering Party as a contracting party.

3.7 General Terms and Conditions are binding for persons who are not contracting parties with Mavles but have access to the Software and use the Software. Ordering Party which is a contracting party and enables a direct or indirect access and/or use of the Software to other person undertakes to familiarize the stated persons with General Terms and Conditions and it is deemed that by accepting these General Terms and Conditions it/he/she agrees with the stated responsibility and that it/he/she is responsible for acts of other stated persons in terms of access to the Software and its use.  A failure of Ordering Party to familiarize the stated persons with General Terms and Condition is the Ordering Party’s sole responsibility and Ordering Party shall be liable for any possible damage that might be inflicted due to such failure and Mavles shall have no liability whatsoever for such acts of Ordering Party.

3.8 Ordering Party will be responsible for all acts of Site Administrator, Project Manager, User and/or third parties who have a direct or indirect access to the Software and/or use the Software and which are contrary to the Agreement, General Terms and Conditions and Positive Regulations.

3.9 Any person accessing the Software, using the Software and/or creating the Order may be not younger than 18 years of age. Access to the Software, the use of Software and/or Order creating is not permitted to persons below the age of 18. Supervision and check of the age of the person accessing the Software, using the Software and/or creating the Order shall be done by Ordering Party and it is the sole responsibility of Ordering Party. Mavles will not be responsible if Ordering Party fails to perform supervision and checking of the age of person accessing the Software, using the Software and/or crating the Order. Any person who accepts these General Terms and Conditions shall confirm he/she is over the age of 18. 

3.10 Ordering Party is responsible for the selection of persons with the right of access to Software and those who directly or indirectly use the Software. Mavles has no influence on the selection of such persons, it is not responsible for the content they enter nor for the damage that might be inflicted due to acts or failure to act as required of persons with access to the Software and of those who directy or indirectly use the Software. Ordering Party is responsible for familiarization of Site Administrator, Project Manager, Users and/or third parties who get in contact with the Software with the content of these General Terms and Conditions and it is deemed that it familiarized them with the provisions of General Terms and Conditions.

3.11 Site Administrator is responsible for the selection of persons who, as Users, are given access to the Software and who directly or indirectly use the Software. Mavles has no influence on the selection of such persons, it is not responsible for the content they enter nor for the damage that might be inflicted due to acts or failure to act as required of persons with access to the Software and of those who directly or indirectly use the Software. Site Administrator is responsible for familiarization of Project Manager, Users and/or third parties who get in contact with Software with the content of these General Terms and Conditions and it is deemed that it familiarized them with the provisions of General Terms and Conditions.

3.12 Project Manager is responsible for the selection of persons who, as Users, are  given access to the Software and who directly or indirectly use the Software. Mavles has no influence on the selection of such persons, it is not responsible for the content they enter nor is responsible for damage that might be inflicted due to actions or failure to act as required of persons with access to the Software and of those who directly or indirectly use the Software. Project Manager is responsible for familiarization of Users and/or third parties who get in contact with the Software with the content of these General Terms and Conditions and it is deemed that it familiarized them with the provisions of General Terms and Conditions.

3.13. Site Administrator, Project Manager, User and/or third parties accessing the Software and using the Software without paying the fee hereby agree that Ordering Party shall pay the fee, that they are informed of their obligation to comply with General Terms and Conditions and Positive Regulations and that they are bound by them in full.

3.14 Site Administrator creates Order and selects own user name and password at initial Account creation. Mavles does not have influence on the selection of user name and password and is not responsible for entered data and for protection of privacy relating to the data kept by Site Administrator. A person who suspects there is an unauthorized use of his/her access data shall notify Ordering Party or Mavles on that. If such person notified Mavles, Mavles shall forward the notification to Ordering Party. Mavles is not responsible for Ordering Party’s actions in connection with the said notification. Mavles is not responsible for any rights and obligations nor for any possible damages and the only responsibility of Mavles regarding this matter is to forward the said notification to Ordering Party. 

3.15 Site Administrator and/or Project Manager select Users who have access and use the Software. It is not allowed that Ordering Party, Site Administrator, Project Manager and/or User enable a third party to have access to Order and/or use the Software contrary to the provisions of the Agreement and General Terms and Conditions.

3.16 Mavles will not be responsible if third parties get access to the Order and/or use the Software. Ordering Party, Site Administrator, Project Manager and/or User undertake to notify Mavles without delay of any possible misuse of Order and/or unauthorized access to / use of Software. Mavles does not perform supervision and is not responsible for acts of Ordering Party, Site Administrator, Project Manager and/or User that enable a third party to use Software, it is not responsible for their mutual relations nor for possible damage that might be made that way.

3.17 If Ordering Party, Site Administrator, Project Manager and/or User do not comply with the obligations defined in paragraphs 3.1 – and 3.15 thereof or third persons by omission or accidentally access or use the Software, Malves, as a precaution, binds all persons to comply with the provisions of General Terms and Provisions.

4.1  Mavles is a permanent and exclusive holder of all proprietary and non-proprietary rights which are not assignable, without limitation as to space and time, in accordance with the provisions of the Act on Obligations, Act on Copyrights and Related Rights, as well as with other Positive Regulations, in the Software described under 1 thereof and which is the object of assignment of rights of use under the Agreement. The stated rights contain but are not limited to graphic design, logo, photos, appearance, structure and information. By using the Software Ordering Party, Site Administrator, Project Manager, User and/or third party are only granted the right to access the Software and to use the Software in accordance with these General Terms and Conditions and any multiplication, distribution, publication, alteration, deletion, circumventing provisions, manipulation, modification, transfer, processing or any other misuse of Software being the object of the stated rights of Mavles is prohibited.

4.2  By assignment of the rights to use the Software Mavles reserves all proprietary and non-proprietary copyrights, property and other rights in accordance with the Law on Copyrights and Related Rights, Act on Fundamentals of Proprietary Relations, Act on Legal Protection of Industrial Design, Act on Obligations and other Positive Regulations. 

4.3  The right of use that Ordering Party acquires under the Agreement is not exclusive and Mavles reserves the right to conclude Agreements with an unlimited number of legal persons, natural persons and sole proprietors in its legal transactions and to grant access and right of use the Software to an unlimited number of legal persons and natural persons in its legal transactions, as well as to have the Software at its disposal.

4.4   By assignment of the right to use the Software Mavles will not make available nor assign the code and information base of the Software. Any access to the code and information base of the Software without an express written consent of Ordering Party will be deemed unauthorized.

4.5   Mavles reserves all rights on the Software after the assignment of Software.

4.6   The right to use assigned to Ordering Party under the Agreement is not transferable. Ordering Party, Site Administrator, Project Manager, User and/or third party whom Ordering Party enables either direct or indirect access or use of the Software shall not lease or  sublease Software, charge the use of the Software, assign it free of charge or use the Software contrary to its intended purpose.

4.7 Mavles will not reimburse the fee paid or reduce the fee paid by Ordering Party in accordance with the provisions of the Agreement and General Terms and conditions. 

5.1  Software is assigned to Ordering Party to be used by it by concluding an Agreement on Assignment of Rights to Use the Software (Agreement).

5.2   With the Agreement Mavles assigns the right to use the Software in the manner and under terms and conditions provided for by the Agreement and these General Terms and Conditions. By the assignment of right to use the Software Mavles does not assign the right to obtain the source code and information base of the Software. 

6.1  Site Administrator selects in the Software itself a maximum number of Users that may access the Software. Ordering Party may enable access to and use of the Software to that number of Users as decided by Site Administrator in a manner that the Ordering Party selects Site Administrators who select Users and decide on the number of Users without any participation of Mavles in the actual selection of Site Administrator and/or Users. Site Administrator selects Project Manager who may also select Users without any participation of Mavles in the actual selection of Project Manager and or User.

6.2  The following is forbidden: any multiplication, installation, misuse, decoding attempt, hacking attempt, reverse engineering, decompilation, disassembly and/or creation of Software derivatives, testing the Software and/or server used by Mavles to errors and deficiencies, attempt of unauthorized access to the Software or parts of Software, decoding requests to and from the server, Software memory and resources overloading.

6.3  Any method or attempt of decoding is forbidden, including if it is aimed at preventing Mavles to access the Software. 

6.4  Software copying to hard discs and/or other storage media for the purpose of storing is forbidden. Ordering Party, Site Administrator, Project Manager, User and/or third parties may use the Software for Ordering Party’s business activities according to Software purpose, as well as for processing and gathering data for business purposes.

6.5  The following is forbidden: use of incorrect data to access the Account, creation of false accounts with false data, violation of privacy of other persons, use of malware, attempt of Software blockade, attempt of server blockade, source code reverse engineering, use of automated systems to send an enormous number of messages, unauthorized Content entering, entering offensive Content or Content that might constitute criminal offence or infraction, entering Content that might contain viruses and entering Content that might cause damage. 

6.6  It is forbidden to use the Software contrary to the purpose for which it is intended.

6.7  It is forbidden to use the Software contrary to the provisions of the Agreement, General Terms and Conditions and Positive Regulations.

6.8  Any attempt to create and/or creation of the account, as well as any attempt of acess and/or access to the Software during Software blockade is prohibited. 

6.9  Under no circumstances shall Ordering Party, Site Administrator, Project Manager, User and/or third parties have the right to use the Software for public promotion of products or services to third parties, including the use of Software at presentations, fairs or similar public events without an express permission of Mavles in writing.

6.10. Ordering Party, Site Administrator, Project Manager, User and/or third party shall bear all costs that might be incurred as a result of failure to comply with the provisions of the Agreement, General Terms and Conditions, Positive Regulations, as well as the costs that might be incurred as a result of an attempt of Mavles to collect the fee the Ordering Party is obliged to pay to Mavles as provided for in the Agreement, such as the costs of bank and other fees, court fees, court action costs, costs of public enforcement officer, attorney fees and other costs that might be incurred in the stipulated way.

7.1   Ordering Party accesses the Software on devices by registration on the web address www.mavles.com. After registration of Account (an individual client web address) of Ordering Party, Site Administrator, Project Manager, User and/or third party access the Software and/or use the Software by accessing the registered Account (client web address).

7.2   Enabling the use of Software by Mavles does not imply the delivery of Software source code or information base.

7.3    The Software is accessed via internet browsers (Chrome, Safari, Firefox and Edge) using personal computers. The application is not adapted for use on mobile devices.

 7.4   Through the web page www.mavles.com Mavles has made available to Ordering Party, Site Administrator, Project Manager, User and/or third party appropriate, complete and correct data on technical conditions required for a full use and appropriate functioning of the Software.

7.5    Ordering Party undertakes to provide an environment and technical equipment/devices necessary for appropriate functioning of the Software, to ensure that technical equipment/devices are protected from software/computer viruses, malware, power cuts, physical damage and other adverse events that might impede smooth operation of the equipment/devices.

7.6    Ordering Party undertakes to familiarize Site Administrator, Project Manager, User and/or third parties with appropriate operating and use of Software, as well as of technical equipment/devices on which the Software is used and undertakes to inform them that they are obliged to ensure that the technical equipment/devices are protected from software/computer viruses, malware, power cuts, physical damage and other adverse events that might impede smooth operation of the equipment/devices. In case of a possible failure to act under this provision of General Terms and Conditions, Malves will not bear any responsibility whatsoever.

7.7   In case the Ordering Party fails to provide and/or notify Site Administrator, Project Manager, User and/or third persons to provide the appropriate and necessary hardware and software-related preconditions to use the Software as required by Mavles, Mavles may reject to perform the activity of establishment and/or support and/or maintenance until the provision of the required preconditions by the Ordering Party.

8.1   Ordering Party is obliged to maintain technical conditions and devices in a condition required for adequate functioning of the Software.

8.2   In case the Ordering Party acts contrary to the provisions of the Agreement and General Terms and Conditions, the Ordering Party shall reimburse Mavles against all costs of elimination of causes of irregularity in Software operation.

8.3   The person entering the Content in the Software guarantees that the Content is truthful, complete, correct and appropriate and by entering the Content the person confirms that he/she has a permission and authorization to use the Content.  Mavles is not responsible for truthfulness, completeness, correctness and appropriateness of the Content. 

8.4   In case there are grounds for suspicion that the person entered untruthful, incomplete, incorrect or inappropriate content Mavles may deny access / block the Software, prevent access to the Content and/or permanently erase the Content.

8.5   Mavles is not responsible for the Content entered by Ordering Party, Site Administrator, Project Manager, User and/or third parties to Software or for the manner of Content handling. Ordering Party, Site Administrator, Project Manager, User and/or third parties accessing the Software and using the Software are responsible for the Content they enter and Mavles will not be responsible for the damage that might result from their actions. 

8.6   Mavles is entitled to update, alter or erase the Content in Software in accordance with the provisions of the Agreement, these General Terms and Conditions and Positive Regulations. Mavles undertakes to notify Ordering Party that it will update, alter or erase the Content in the Software.

8.7   Mavles is entitled to use the Content enter to the Software in a manner and for purposes necessary for adequate functioning of the Software.

8.8  Upon cessation of use and/or Software blocking, Ordering Party, Site Administrator,  Project Manager, User and/or third persons will not have access to the entered Content. 

   9.1   Mavles will not responsible for Software dysfunctionality which is a consequence of non-compliance with instructions for use, as well as of non-compliance with the provisions of Articles 7 and 8 thereof.

9.2   Mavles will not be responsible for Software dysfunctionality and/or damage caused by instable operation, correlation and/or interference with the operation of software of other manufacturer on the device of Ordering Party, Site Administrator, Project Manager, User and/or third parties. Software of other manufacturers is not within the domain of control and does not fall within the responsibility of Mavles. Mavles is neither responsible for the connection between the Software and software of other manufacturers nor for their interaction in functioning.  

9.3   Mavles is not responsible for hidden defects of the Software not known to Mavles at the moment of assignment of the right to Software use. In accordance with Article 486 of the Act on Obligations, the contracting parties (Ordering Party and Mavles), as well as Site Administrator, Project Manager, Users and/or third parties exclude the responsibility of Mavles for material deficiencies of the Software, as well as for material and non-material damage that might occur as a consequence of them in accordance with Article 155 of the Act on Obligations.

9.4   In case of a hidden defect found in the course of use of Software which was not known to Mavles at the moment of assignment of the right to Software use, Ordering Party is obliged to notify Mavles within 24 hours on the defect to the e-mail address [email protected]. Mavles undertakes to make a reasonable effort to eliminate the defect found within a reasonable term and enable Ordering Party a smooth use of the Software.

9.5   Software is excluded from eviction in accordance with Article 508 of the Act on Obligations, from any third-party claims and rights on the grounds of protection of intellectual property on the territory of the Republic of Serbia and other proprietary rights. If a third party makes a claim to the Ordering Party under any of these grounds and provided the Ordering Party uses the Software in accordance with the Agreement, these General Terms and Conditions, Positive Regulations and good business practice, Mavles is obliged to protect the Ordering Party and hold the Software free from any such third-party claims. If Mavles fails to protect the Ordering Party in a previously described way, the Ordering Party is entitled to terminate the Agreement.

9.6   In case of a third-party claim mentioned in par. 10.5 of these General Terms and Conditions, Ordering  Party undertakes to notify Mavles to the e-mail address [email protected] on such third-party claim. Ordering Party is not authorized to accept a third-party claim and he/she is obliged to take all measures of protection from such third-party claims and to leave it to Mavles to negotiate with such third party.  

9.7   Mavles will not be responsible for the damage made as a consequence of non-harmonization, termination of operations, non-fulfilment or untimely fulfilment of obligations, deterioration of business relations between Ordering Party, Site Administrator, Project manager, User and/or third parties with whom Ordering Party, Site Administrator, Project Manager, User and/or third party establishes contact through the use of Software or in other way. Mavles will not be responsible for material and non-material damage that might result from such actions.  

9.8   Ordering Party, Site Administrator, Project Manager, User and/or third party use the Software as an expression of their free will for the purpose of conducting business activities and Mavles in that sense has no influence on the manner of use of Software and will not be responsible for material and non-material damage resulting from the use of Software by the mentioned persons.  

9.9   Responsibility of Mavles is excluded if damage inflicted to Ordering Party, Site Administrator, Project Manager, User and/or third persons resulted from actions, failure to act as obliged, actions and/or reasons that can be attributed to Ordering Party, Site Administrator, Project Manager, User and/or third party, including the damage which is a consequence of Software modifications made by Ordering Party, Site Administrator, Project Manager, User and/or third party on his/her own, as well as of using the Software together with other software.

9.10   Mavles uses leased servers for operating purposes and it will not be responsible for any instability in Software operation caused by irregularities linked with the operation of the server itself or caused by change of a server or for any damage that might be inflicted as a consequence of server operation or shortcomings in its operation. In case of any irregularities that might be a consequence of server operation Mavles undertakes to contact the server lessor within the shortest possible time and require elimination of irregularities in server operation. Ordering Party, Site Administrator, Project Manager, User and/or third party shall accept consequences of irregularities in server operation. Mavles may change the server and Ordering Party, Site Administrator, Project Manager, User and/or third party shall accept that.

9.11   Mavles will not be responsible for the damage inflicted as a consequence of force majeure.

 9.12    Mavles will not be responsible for the damage that might be inflicted as a consequence of alteration and/or erasing of Software Content by Mavles, Ordering Party, Site Administrator, Project Manager, User and/or third parties. 

 9.13   Mavles will not be responsible for the damage which might be inflicted as a consequence of Software blockade by Ordering Party’s Site Administrator. 

 9.14   Mavles will not be responsible for the damage that might be inflicted if a proper operation of the Software is disabled as a consequence of the impact of malware in the device of Ordering Party, Site Administrator, Project Manager, User and/or third persons. 

9.15    Mavles will not be responsible for the damage that might be inflicted due to non-compliance by Ordering Party, Site Administrator, Project Manager, User and/or third persons with the requirements stipulated in the provisions of the Agreement, these General Terms and Conditions and/or Positive Regulations and other terms and conditions of use. 

9.16   Mavles will not be responsible for the reliability of the Content or any other damage that might result from the Content entered by Ordering Party, Site Administrator, Project Manager, User and/or third person.

9.17   Mavles will not be responsible for any action or failure to act duly by Ordering Party, Site Administrator, Project Manager, User and/or third person that is causing damage. 

9.18   Mavles will  ne be responsible for rights and obligations or possible damage that might be inflicted between Ordering Party, Site Administrator, Project Manager, User and/or third parties in connection with the use of Software.

9.19   Mavles will not be responsible for any action or failure to act duly by Ordering Party, Site Administrator, Project Manager, User and/or third parties that might affect the project on which the Software is used, project participants, their mutual relations, effects, notification, time of their work on the project, costs, clients, business partners and other circumstances and the range of project’s effects. 

9.20   Mavles is entitled to use the business name and other publicly published data on Ordering Party as a business reference by obeying a good business practice rule. Ordering Party may prohibit Malves from such use in a written statement e-mailed to [email protected].

 9.21    A maximum amount of damages that Malves may cover shall not exceed 50 % of the value of fees until the date of damage infliction paid by Ordering Party under the Agreement concluded between Ordering Party and Mavles.

10.1     Mavles provides support through the e-mail address [email protected].

10.2      Response time to notification e-mailed to [email protected] is 12 hours from the receipt of notification in Mavles. Response time to notifications with URGENT priority is 8 hours.

10.3      URGENT  priority is given to notifications reporting that the complete Software is out of operation.

10.4     Mavles determines notification priority within 8 hours from the receipt of a request.

10.5       Each Software module has a help section available for viewing.

10.6     On web page www.mavles.com there is a Software use help section with user, as well as the list of most frequent questions with answers available for viewing.

11.1         Software upgrade and update means that Mavles accesses the Software assigned under the Agreement to upgrade, implement, work out new and/or other Software versions and editions that may contain improvements enhancing its functionality and operability, as well as to build-in, implement, work out other supplements, improvements, other components, make adjustments, new applications, modules or other software for the above stated purposes. 

11.2         Upgrading and updating also implies repairs, minor revisions, correction of defects, errors or shortages in the current operation of Software that improve functionality and capabilities and enable a smooth and orderly operation of the Software.

11.3         By concluding the Agreement and accepting these General Terms and Conditions the Ordering Party, Site Administrator, Project Manager, User and/or third party undertake to accept all future Software upgrades and updates.

11.4         Provisions of the Agreement and General Terms and Conditions also relate to upgraded and updated Software versions.

11.5      During Software upgrading and updating the Software is temporary unavailable to access and/or use. Mavles bears no responsibility for possible damage that may be inflicted during Software upgrading and/or updating.

12.1       These General Terms and Conditions are effective and applicable as of 01.01.2023.

12.2      General Terms and Conditions are binding to Ordering Party, Site Administrator, Project Manager, User and/or third party without limitation in accordance with the provisions of Article 3 thereof.

12.3     General Terms and Conditions are also binding to Ordering Party, Site Administrator, Project Manager, User and/or third party upon the cessation of the use of Software. 

12.4   General Terms and Condition also continue to be binding to Ordering Party, Site Administrator, Project Manager, User and/or third party in case of status changes provided they are a legal person.

12.5    General Terms and Conditions are also binding to those legal persons founded by Ordering Party, Site Administrator, Project Manager, User and/or third party after the inception of applicability of General Terms and Conditions or if they acquire an interest in such legal persons or if they already have an interest in the legal person existing at the moment of inception of applicability of General Terms and Conditions if Ordering Party, Site Administrators, Project Manager, User and/or third party bring such legal person in a direct or indirect connection with the access to Software and/or use of Software and/or Content.  

12.6   Mavles may amend General Terms and Conditions and Privacy Policy without a prior consent of Ordering Party, Site Administrator, Project Manager, User and/or third parties. The amended General Terms and Conditions and Privacy Policy are applicable and binding to Ordering Party, Site Administrator, Project Manager, User and/or third parties from the day of such amendments.

12.7     In case of a possible invalidity of any of the provisions of these General Terms and Conditions, other provisions remain valid and in force.

13.1      In case of a non-compliance of Ordering Party, Site Administrator, Project Manager, User and/or third parties with the provisions of the Agreement, General Terms and Conditions and/or Positive Regulations, Mavles is entitled to terminate the Agreement and block the Software used by Ordering Party, Site Administrator, Project Manager, User and/or third party.

13.2      In case of a delay in the payment of a monthly fee stipulated in the Agreement or a payment of a smaller amount than the invoiced value for one month is, Mavles will sent e-mail reminder. Mavles will be entitled to temporarily block or permanently deny the use of Software to Ordering Party within 30 (thirty) days from the date of the reminder. If Ordering Party fails to pay the fee within 30 (thirty) days from the day of temporary blocking or permanent halt in the use of Software, Mavles will be entitled to cancel/terminate the Agreement and permanently prevent the use of Software and to erase the entire content entered to the Software within 180 days from the date of the reminder.

13.3     Mavles will block the Software after the Agreement is cancelled/terminated by whichever contracting party and erase the entire content entered to the Software. Mavles will erase the entire content entered to the Software within 180 days from the date of Agreement cancellation/termination by whichever contracting party.

13.4    Mavles may block the Software to the Ordering Party. Ordering Party may block the Software at the level of individual account of Site Administrator, User, Project Manager and/or third party within its/his/her client web portal.

13.5   Mavles may deny access to the Software while working on establishing a smooth operation,   during its upgrading and updating, as well as in other cases when it is necessary for Mavles to conduct works on the Software, which the Ordering Party, Site Administrator, Project Manager, User and/or third party are obliged to accept.

13.6    Upon reporting illegal and/or unauthorized use of Software Mavles reserves the right to block, stop, remove and/or erase the Content in the Software if there are grounds for suspicion that the use of Content is illegal and/or unauthorized and/or may cause damage. 

13.7     Mavles may block the Software if Ordering Party, Site Administrator, Project Manager User and/or third party use the Software contrary to its purpose and if the stated persons do not comply with the provisions of the Agreement, General Terms and Conditions and/or Positive Regulations.

13.8     Mavles may block the Software if the Ordering Party, Site Administrator, Project Manager, User and/or third party use the Software contrary to prohibitions stipulated in Article 6 thereof and if the use of Software is contrary to other provisions of the Agreement, General Terms and Conditions and Positive Regulations.

13.9   In all cases when Mavles may temporarily block the Software it may also permanently suspend the use of Software and all provisions on Software blocking also apply to permanent suspension of the use of Software. In all stated cases Mavles may ban an access to the Content, delete and/or erase the Content.

13.10   During a temporary blockade, as well as in the case of permanent suspension of the use of Software, the right to access the Software and use it ceases.

14.1    Mavles guarantees that it will safeguard data entered in the Software with a good professional care and that it will not distribute them to third parties, that it has in place and maintains all prescribed protection and cryptosecurity systems in accordance with the Mavles Privacy Policy and Positive Regulations aimed at data protection. Mavles Privacy Policy is enclosed to these General Terms and Conditions and is available on the web address www.mavles.com.

14.2    In spite of the fact that Mavles in its activities acts with a good professional care and uses all protection and cryptosecurity systems in accordance with Mavles Privacy Policy and Positive Regulations, it does not guarantee that third parties cannot come into possession of the Software content and data. Mavles notes that in spite of the data protection systems and due care there is a possibility that third parties come into possession of the Content, that occurrence of loss, alteration and distribution of the Content is possible and Mavles shall not be deemed responsible for them nor for a possible damage that might be inflicted.

14.3    Mavles guarantees stability and normal operation of the Software for an unlimited period provided the Ordering Party, Site Administrator, Project Manager, User and/or third party use the Software in accordance with Mavles’s user instruction and General Terms and Conditions.

14.4    Mavles does not guarantee orderly functioning of the Software in case the Ordering Party, Site Administrator, Project Manager, User and/or third party fail to provide technical conditions anticipated for orderly Software operation which Mavles communicated to the Ordering Party, and in that case the costs of necessary support and/or maintenance in terms of enabling orderly functioning by Mavles shall be covered by Ordering Party.  

14.5    Mavles does not guarantee properly functioning of the Software with other software or with software of other manufactures nor will it be responsible for the impact on the Software on other software and software of other manufacturers. 

14.6    Mavles’ guarantee shall become ineffective in case of bankruptcy, liquidation or receivership over Mavles, as well as in case of status changes of Mavles in accordance with the Act on Companies and Act on Bankruptcy.  

14.7    Mavles does not guarantee Software functionality for reasons that may be attributed to the provisions of Article 9 thereof.  

14.8   Mavles does not guarantee that in the course of the use of Software there would be no shortcomings, errors, failures, interruptions in operation, unavailability of Software content, other irregularities and deficiencies in Software operation. Mavles undertakes to take all reasonable steps and exercise a due trade and professional care to eliminate such shortcomings and enable the use of Software. Mavles will not be responsible for a damage that might be inflicted due to shortcomings, errors, failures, interruptions in operations, unavailability of Software content, other irregularities and deficiencies in Software operation. 

15.1    Any assignment of the right of use, transfer of the right of use of the Software,  its lending, sale, collection, distribution, promotion, transfer, lease, sublease, assignment of use free of charge of the entire Software or any of its parts by Ordering Party, Site Administrator, Project Manager, User and/or third parties is prohibited.

15.2     Any use of the Software contrary to the provisions of the Agreement, these General Terms and Conditions, Positive Regulations, as well as public publishing, marketing and Software analysis aimed at development of similar or the same products is prohibited.

16.1   Belgrade Commercial Court shall be competent for any legal issues, legal relations and possible disputes that might arise from the implementation of the Agreement and these General Terms and Conditions, as well as the from use of the Software, and the applicable law of the Republic of Serbia shall be applied.

MAVLES general materials intended for general audiences that contain information about Mavles products and services (“General Materials”) are provided by Mavles for informational purposes only, without representation or warranty of any kind. Mavles shall not be liable for errors or omissions with respect to General Materials The only warranties for Mavles’s products and services are those that are set forth in the express warranty statements accompanying products and services, if any. Nothing in General Materials should be construed as constituting an additional warranty.

No part of General Materials may be reproduced or transmitted in any form or for any purpose without the express permission of Mavles.

Mavles has no obligation to pursue any course of business outlined in General Materials or any related presentation, or to develop or release any functionality mentioned therein. General Materials, or any related presentation and possible future developments, products, and/or platform directions and functionality are all subject to change and may be changed by Mavles at any time for any reason without notice. The information in General Materials is not a commitment, promise, or legal obligation to deliver any material, code, or functionality. Some software products marketed by Mavles and its distributors contain proprietary software components of other software vendors. 

General Materials contain forward-looking statements, which are predictions, projections, or other statements about future events. These statements are based on current expectations, forecasts, and assumptions that are subject to risks and uncertainties that could cause actual results and outcomes to materially differ. Readers are cautioned not to place undue reliance on these forward-looking statements, and they should not be relied upon in making purchasing decisions.