SPLOŠNI POGOJI UPORABE REALTRACING REŠITEV
1. INTRODUCTORY PROVISIONS

These general terms of use of Realtracing solutions (hereinafter “Realtracing solutions”), including the provisions applicable to individual Realtracing solutions, govern the legal relations between Realtracing, računalniško programiranje, d.o.o., Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Company ID: 9614214000 (hereinafter “Realtracing”) and the clients of Realtracing solutions (hereinafter “Client”).

The Client fully undertakes to comply with these general terms, and any deviations are permitted only if the parties agree in advance through a special written agreement. In the event that there are discrepancies or deviations between individual provisions of these general terms, provisions applicable to individual Realtracing solutions, or a contract concluded between Realtracing and the Client, the contract provisions take precedence, followed by the provisions of the general terms.

These general terms apply to Clients who are business entities.

2. CHANGES TO GENERAL TERMS

Realtracing reserves the right to change or supplement these terms, about which the Client will be notified in the usual manner (upon logging into the Realtracing solution and/or via email). Realtracing continuously develops, upgrades, and improves its solutions, so certain functionality or the visual appearance of an individual Realtracing solution may change, or Realtracing may replace it with a comparable solution.

If such a change requires technical adjustments on the Client’s side, the Client undertakes to provide everything necessary for the uninterrupted use of Realtracing solutions (e.g., upgrades, etc.).

3. PROCESSING OF PERSONAL DATA

If personal data are processed in the context of using Realtracing solutions, Realtracing, as the data controller, processes personal data in accordance with the Privacy Policy available at https://www.realtracing.com/privacy-policy, where individuals can also find all other information regarding the processing of their personal data, their rights, and the possibility of filing a complaint regarding the processing.

4. CONTENT OF SOLUTIONS

Realtracing solutions include the following services related to providing information on constructions in Slovenia:

- provision of data from the commercial database,

- provision of data through field verification,

- data enrichment and segmentation,

- data management tools,

- data visualization tools.

Realtracing collects data for its commercial database through direct research (e.g., telephone interviews), via its affiliated companies and business partners (both locally and globally), obtaining data from public registers, directories, official notices, and other similar public sources, as well as through its own assessments based on market comparisons, research, and analyses.

5. LIMITATION OF LIABILITY

Due to dependence on external data sources and the constantly changing scope of data, the content offered by Realtracing solutions, despite careful selection and continuous verification and maintenance, may not always be up-to-date or complete.

Realtracing provides services as is and does not guarantee the accuracy, completeness, timeliness, quality, or integrity of the data and other content of Realtracing solutions and/or their suitability for a specific purpose.

Realtracing accepts no liability for any consequences that may arise from the use of Realtracing solutions, and in no case is responsible for any damage that the Client may suffer due to decisions made based on data from Realtracing solutions.

Realtracing does not give consent regarding data use and is not responsible for any unlawful use of Realtracing solutions by the Client.

Realtracing updates data manually or automatically a few times a year based on internal criteria and does not guarantee its timeliness.

Publication of data about a business entity on the Realtracing website (address, contact details) and construction sites does not imply that the business entity has consented to the use of the data for sales and marketing activities.

The Client acknowledges that the obtained data is for informational purposes only and does not exclude the possibility of business risk when entering into business relationships with the persons to whom the obtained data relates. The Client should make business decisions in combination with other relevant sources. The Client is personally liable for the use of data in violation of the terms of use, provisions of these general terms, or applicable law. Realtracing is not responsible for interruptions or limitations in access to Realtracing solutions caused by factors outside the control of Realtracing (e.g., internet network errors, etc.), nor for any inconvenience or damage resulting from technical issues or restricted access beyond Realtracing’s control.

Realtracing is in no case responsible for any irregularities or legal non-compliance caused by improper use of Realtracing solutions, unsuitable equipment, or the Client's actions. If Realtracing suffers any damage due to the Client’s unlawful use of Realtracing solutions and/or resources provided by the Client, Realtracing is entitled to compensation for the incurred damage.

Neither Realtracing nor the Client are responsible for damages or contractual breaches caused by changes in law, government decisions or measures, acts of war, attacks, strikes, blockades, or other circumstances beyond the parties’ control.

6. USE OF SOLUTIONS

The use of Realtracing solutions is available to the Client based on a concluded subscription agreement.

When concluding a subscription agreement, the Client chooses among different pricing packages according to the level of access to the database:

- package 1: [●]

- package 2: [●]

- package 3: [●]

The Client can only access the data that belongs to a specific pricing package.

During the subscription term, the Client may request a change to a lower or higher package.

Upgrading to a higher package is performed based on invoicing according to the then-current price list, taking into account the amount the Client has already paid, as if the package had been in effect from the start of the contract year. The Client undertakes to comply with all obligations and restrictions defined in these General Terms and other instructions and rules of use published on Realtracing websites or communicated in another usual manner.

The Client undertakes that only users located in the country where the Client has its registered office will have access to the business solutions. If the Client wishes to allow access to users outside the country for internal business purposes, prior agreement with Realtracing is required.

The number of users at the Client using Realtracing solutions may not exceed the number allowed by the package or other agreement with Realtracing.

The Client must not provide registration, user, or other access data to third parties or persons not employed by the Client.

7. AVAILABILITY OF REALTRACING SOLUTIONS

Access to Realtracing solutions is provided to Clients with a valid subscription agreement.

Realtracing solutions are generally available for use 24 hours a day, all days of the year.

Realtracing reserves the right to occasional access restrictions to Realtracing solutions due to technical reasons, software upgrades, or equipment replacement. For maintenance reasons, Realtracing also reserves the right to longer access restrictions.

The Client is not entitled to make any claims or request compensation due to inability to access the solutions.

8. CONTENT AND TECHNICAL SUPPORT

During regular working hours, Realtracing provides Clients with free assistance and advice on using Realtracing solutions via phone [●] and/or email at [●].

9. INTELLECTUAL PROPERTY RIGHTS

Realtracing is the exclusive holder of intellectual property rights in or related to the Realtracing solution. Unless otherwise agreed, by concluding a subscription agreement, the Client acquires a non-exclusive right to use Realtracing solutions exclusively:

- for their own internal business use and not for further redistribution of data within their business activities;

- according to the agreed scope of use and number of users based on the selected subscription package;

- according to other agreed restrictions.

The Client must not directly or indirectly provide information obtained from Realtracing solutions (in the form of databases, reports, statistics, lists, or in any other way) to third parties, except if explicitly agreed with Realtracing or if required by law or other regulation.

The Client must comply with intellectual property laws when using Realtracing solutions. The Client must not use trademarks owned by Realtracing without prior written approval.

The Client must respect data source markings when using Realtracing solutions, must not change or remove source markings, and must not mark the data as their own source under any circumstances.

The Client must not use software tools that enable exporting data on a larger scale than allowed by Realtracing solutions, particularly not in a way that creates a new database.

10. CONFIDENTIAL INFORMATION

Realtracing and the Client must keep all information disclosed to them (including usernames and passwords, business secrets, financial information, and client data received from the other party) strictly confidential. This applies to all information marked as confidential, as well as information that is not explicitly marked but is obviously sensitive in nature.

The parties must not directly or indirectly disclose confidential information to any third party, except with the consent of the other party or as otherwise provided by contract, law, or a decision or request from a domestic or foreign supervisory authority.

11. PRICE AND PAYMENT TERMS

All prices are listed in EUR and are excluding VAT. Payment must be made no later than ten (10) days from the invoice date, unless otherwise agreed. If the Client does not pay within the agreed period, Realtracing is entitled to statutory default interest and reimbursement of reasonable costs or expenses in accordance with applicable law.

Invoices are issued and sent electronically to the address provided by the Client. The Client may also subscribe to receive e-invoices via online banking. The Client may register for e-invoices in online banking if their bank allows it and the Client is a user of the online banking system.

Realtracing reserves the right to temporarily disable the Client’s access to Realtracing solutions if overdue payments are not settled on time, and in case of non-payment, to terminate the Agreement according to clause 13 of these General Terms.

12. CONCLUSION AND VALIDITY OF SUBSCRIPTION

The subscription agreement between Realtracing and the Client arises based on a phone order or a written order sent by the Client via email or regular mail, upon which Realtracing sends the Client an invoice, order confirmation, and a link to these General Terms. Payment of the invoice constitutes a valid subscription, and the Client agrees to these General Terms.

The subscription agreement is concluded for 12 months, unless otherwise agreed in writing between Realtracing and the Client.

The subscription agreement automatically renews, unless one party notifies the other that it wishes to terminate. Realtracing will inform the Client at least 30 days before the end of the subscription term about the upcoming expiration and the possibility to terminate. Upon continuation of the subscription, Realtracing will issue an invoice to the Client according to clause 11 of these General Terms.

Unless otherwise agreed, the subscription cannot be terminated before the 12-month billing period without justified reason.

Each party may terminate the subscription early in case of serious breaches by the other party, by submitting a written notice to the other party’s email address.

Upon termination, Realtracing will disable the Client’s access to Realtracing solutions.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

The provisions of Slovenian law apply for interpretation of contractual provisions governing the relationship between Realtracing and the Client.

Any disputes arising from or in connection with the contractual relationship will be resolved amicably by the parties, and if not possible, the competent court in Ljubljana will have jurisdiction.

In case other language versions of the General Terms or other documents governing the contractual relationship are used, the Slovenian text will prevail for interpretation.

14. OTHER PROVISIONS

Realtracing has the right to authorize subcontractors to perform services related to the Realtracing solution, as well as to execute the subscription agreement. No party may transfer its rights and obligations under the subscription agreement without prior written consent of the other party, except for transferring the agreement from Realtracing to another company within the Realtracing group.

15. AMENDMENT OF GENERAL TERMS

Realtracing may amend these General Terms in accordance with its business policy and applicable law. Changes take effect from the beginning of the day following the publication of the amended General Terms on the Realtracing website. Clients will be informed of the effective date of the new General Terms upon their next login to the Realtracing solution.

Unless the change to the General Terms is exclusively in favor of the Client, purely administrative, without negative consequences for the Client, or necessary to comply with regulations, the Client has the right to terminate the subscription within 30 days of receiving the notice without a notice period and without paying any additional costs (this does not apply to due and unpaid obligations of the Client). If the Client does not terminate the subscription within the specified period, it is considered that they agree to the changes.