Terms of Service

AGREEMENT TO OUR LEGAL TERMS

We are Lazar Ljubanić (doing business as 3D Kontrolor) ("Company," "we," "us," "our"), a sole proprietor located at Čingrijina 3, Belgrade 11000, Serbia.

We operate the website https://3dkontrolor.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

3D Kontrolor is a Business-to-Business (B2B) Software-as-a-Service (SaaS) construction site inspection platform that enables engineers and construction firms to view Building Information Modeling (BIM) files, track element statuses, add comments and photographs, and document construction progress.

You can contact us by email at kontakt@3dkontrolor.com, by phone at +381 65 2010791, or by mail to Čingrijina 3, Belgrade 11000, Serbia.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Lazar Ljubanić (doing business as 3D Kontrolor), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. Modifications to these Legal Terms will become effective upon notification, either through your account email or by posting a revised version on the Services. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Our Services
Intellectual Property Rights
User Representations
User Registration
Purchases and Payment
Subscriptions
Cancellation and Refunds
Prohibited Activities
User Generated Contributions
Contribution License
Third-Party Websites and Content
Services Management
Privacy Policy
Copyright Infringements
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications
Miscellaneous
Contact Us

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FERPA, GLBA, FedRAMP, etc.). If your interactions would be subject to such laws, you may not use the Services.

The Services are hosted on infrastructure located in the United States (Vercel), Germany (Neon), and Ireland (Cloudflare), with data residency and processing as further described in our Privacy Policy.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the Republic of Serbia, the European Union, and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please contact us at: kontakt@3dkontrolor.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, video, audio, photographs, graphics, comments, suggestions, BIM (Building Information Modeling) files, IFC files, DWG files, PDF documents, 3D scans, project documentation, or personal information or other material (collectively, "Contributions").

You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions:

you confirm that you have read and agree with our "Prohibited Activities" section;
you waive any and all moral rights to any such Submission and/or Contribution, to the extent permissible by applicable law;
you warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Contributions; and
you warrant that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not under the age of 18;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Services for any illegal or unauthorized purpose;
your use of the Services will not violate any applicable law or regulation; and
you have the legal authority to act on behalf of any organization on whose behalf you are using the Services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. USER REGISTRATION

You are required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Authentication is provided through Clerk Inc., as further described in our Privacy Policy. You agree that you will not share login credentials, attempt to gain unauthorized access to other user accounts, or use the Services through credentials that are not your own.

Accounts are non-transferable. The Services may be used only by the individual or organization to whom the account is issued.

5. PURCHASES AND PAYMENT

We accept the following form of payment:

Bank transfer (invoice-based)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment account information, so that we can complete your transactions and contact you as needed.

Applicable sales tax and value-added tax (VAT) may be added to the price of purchases as required. Prices are quoted exclusive of VAT. For business-to-business transactions within the European Union, the reverse charge mechanism may apply where the customer is responsible for accounting for VAT in their own jurisdiction.

We bill you through an invoice issued by us. All payments shall be in Euros (EUR). Payment terms are net fourteen (14) days from the date of invoice unless otherwise agreed in writing.

You agree to pay all charges at the prices then in effect for your purchases. If we determine in our reasonable discretion that an invoice has not been paid within the agreed payment terms plus a fourteen (14) day grace period, we reserve the right to suspend access to the Services until the outstanding amount is paid in full.

We reserve the right to refuse any order placed through the Services.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our billing your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. Cancellation requires a thirty (30) day written notice provided to kontakt@3dkontrolor.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law. Material price changes shall be communicated with at least thirty (30) days' advance written notice. If you do not agree to a price change, you may cancel your subscription before the price change takes effect.

7. CANCELLATION AND REFUNDS

First-Time Subscriber Money-Back Guarantee

First-time subscribers may request a full refund of their first monthly subscription fee within thirty (30) days of initial purchase if dissatisfied with the Services. To request such a refund, contact us at kontakt@3dkontrolor.com with your account details and reason for the refund request.

No Refunds for Partial Months

After the initial thirty (30) day money-back guarantee period, no refunds are issued for unused portions of paid subscription periods. Cancellation takes effect at the end of the current billing cycle.

Exceptions

Refunds are not available for:

Subscriptions older than thirty (30) days from initial purchase;
Accounts terminated for violations of these Legal Terms;
Service interruptions due to force majeure events;
Customer's failure to use the Services.

Refunds, where applicable, are processed within fourteen (14) business days via the original payment method (bank transfer).

How to Cancel

You can cancel your subscription by contacting customer service at kontakt@3dkontrolor.com. Cancellation requests must be received at least thirty (30) days prior to the desired effective cancellation date.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
Copy or adapt the Services' software.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, including any 3D model viewers, file converters, or rendering engines.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Upload Building Information Modeling (BIM) files, drawings, or project data for which you do not have proper authorization, ownership rights, or legal license to share with the Services.
Use the Services to upload, store, or share files containing malware, viruses, or any code designed to compromise system integrity, including malicious payloads embedded in IFC, DWG, PDF, or other supported file formats.
Circumvent technical limitations, including but not limited to storage quotas, user seat limits, file size restrictions, or processing rate limits.
Use automated systems (bots, scrapers, crawlers) to access or download content from the Services, except where explicitly authorized by us in writing.
Misrepresent your identity, your organization, or your authority to act on behalf of an organization when registering or using the Services.
Use the Services in connection with any construction project that violates applicable building codes, safety regulations, or environmental laws in the relevant jurisdiction.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile or account.

9. USER GENERATED CONTRIBUTIONS

The Services invite you to contribute, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, BIM (Building Information Modeling) files, IFC files, DWG files, PDF documents, 3D scans, project documentation, or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Services within your organization. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable license to host, store, cache, process, transmit, display, perform, and distribute such Contributions solely for the purpose of operating, providing, improving, and maintaining the Services.

This license shall apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide, solely to the extent necessary to provide the Services to you.

You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We do not claim ownership of your Contributions.

We will not use your Contributions for marketing, advertising, training of artificial intelligence or machine learning models for third parties, sale or transfer to third parties, or for any purpose other than operating, providing, improving, and maintaining the Services, except with your explicit prior written consent.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions when required for legal or safety reasons; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Legal Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms;
refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof in our sole discretion;
remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://3dkontrolor.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States (Vercel), Germany (Neon), and Ireland (Cloudflare). If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws, then through your continued use of the Services, you are transferring your data to those countries, and you agree to have your data transferred to and processed in such countries.

Data retention is governed by our Privacy Policy and applicable construction industry record-keeping obligations (including but not limited to the Serbian Law on Planning and Construction — Zakon o planiranju i izgradnji).

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

To submit a copyright infringement notice, please email kontakt@3dkontrolor.com with the subject line "Copyright Infringement Notice" and include:

Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Services;
Your contact information including name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner;
Your physical or electronic signature.

We will investigate notices of copyright infringement and take appropriate actions, which may include removing or disabling access to the allegedly infringing material and terminating the accounts of repeat infringers.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a copyright infringement notice.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination of your account, you will have thirty (30) days to export your Contributions and project data. After this period, we may delete your Contributions, subject to the data retention obligations described in our Privacy Policy (including the 120-month retention period for construction record-keeping purposes).

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

The Services are provided on a "commercially reasonable efforts" basis. While we strive to maintain high availability, we do not guarantee uninterrupted, error-free, or fully secure access to the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of the Republic of Serbia. Lazar Ljubanić (doing business as 3D Kontrolor) and yourself irrevocably consent that the courts of Serbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, subject to the Dispute Resolution section below.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the other Party. Notice shall be provided to kontakt@3dkontrolor.com for notices to us, or to the email address associated with your account for notices to you.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. THE ARBITRATION SHALL BE COMMENCED AND CONDUCTED UNDER THE RULES OF THE PERMANENT ARBITRATION AT THE CHAMBER OF COMMERCE AND INDUSTRY OF SERBIA (Stalna arbitraža pri Privrednoj komori Srbije).

The arbitration shall be administered in Belgrade, Serbia. The arbitration shall be conducted by one (1) arbitrator in the English language (or in Serbian upon mutual agreement of the Parties).

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in Belgrade, Serbia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

(a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

The Services are intended as a tool to support construction inspection workflows. They are not a substitute for professional engineering judgment, qualified inspection by licensed professionals, or compliance with applicable building codes and safety regulations.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Any claim or cause of action arising out of or related to use of the Services or these Legal Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action will be permanently barred.

Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

your Contributions;
use of the Services;
breach of these Legal Terms;
any breach of your representations and warranties set forth in these Legal Terms;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Data retention is governed by our Privacy Policy. Construction project records may be retained for up to 120 months (10 years) following account termination, as required by applicable construction industry record-keeping laws (including the Serbian Law on Planning and Construction).

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control (force majeure), including but not limited to natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, power outages, internet service disruptions, or pandemics.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Notification of Updates

We will notify users of material changes to these Legal Terms via email sent from kontakt@3dkontrolor.com to the email address associated with each registered user account. Notice will be provided with reasonable advance time before changes take effect. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Lazar Ljubanić (doing business as 3D Kontrolor) Čingrijina 3 Belgrade 11000 Serbia

Email: kontakt@3dkontrolor.com Phone: +381 65 2010791

These Terms of Service are effective as of May 27, 2026.