Terms of Use
1. Introduction
Welcome to Reservista, a web application for hospitality reservation management. These Terms of Use ("Terms") govern your use of Reservista and form a legally binding agreement between you, the User, and the service provider. By accessing Reservista or opening an Account, you confirm that you have read, understood, and fully accepted these Terms.
2. Service Provider
Reservista is provided by:
- Rubycode d.o.o.
- Jukićeva 6, 10000 Zagreb, Republic of Croatia
- OIB (Croatian tax ID): 34979704560
- MBS (court registration no.): 081349032
- Registered with the Commercial Court in Zagreb (Trgovački sud u Zagrebu)
- Share capital: EUR 2,654.46, paid in full
- Email: info@reservista.app
- Phone: +385 99 351 3642
3. Definitions
- "Service" – The Reservista web application, all its features, and related services available at reservista.app.
- "User" or "you" – A legal entity, sole trader, or self-employed individual that uses the Service in a professional capacity, typically a hospitality business.
- "Account" – The user account opened to access the Service.
- "Content" – All data, text, images, and other materials the User enters into the Service, including guest and reservation data.
- "Subscription" – A monthly or annual right to use the Service under a chosen pricing plan.
4. Effective Date and Changes
These Terms take effect on the date you first use the Service or open an Account, whichever is earlier. We reserve the right to amend these Terms. We will notify you of material changes at least 30 days in advance via email or in-app notice. Continued use of the Service after the changes take effect constitutes acceptance of the amended Terms. If you do not agree with the changes, you may cancel your Subscription before they take effect.
5. Account Registration
By opening an Account you confirm that you have legal capacity to enter into a contract under Croatian law and that the information you provide is accurate. The Account is not transferable. You are responsible for keeping your login credentials confidential and for all activity carried out through your Account. You must notify us without delay of any suspected unauthorized access.
6. Free Trial
You may try Reservista during a free trial period whose duration is shown on our pricing page. During the trial you have access to the features of the chosen plan with no payment obligation and no credit card required. At the end of the trial the Account is not automatically converted to a paid plan — to continue using the Service you must start a Subscription.
7. Payment, Invoicing, and Taxes
Subscription prices are stated in EUR and exclude VAT. VAT is added at the applicable statutory rate. The fee is paid in advance for the chosen billing period (monthly or annual). The Subscription renews automatically for the same period unless you cancel before the start of the next period. For each billing period we issue an R1 invoice in line with the Croatian VAT Act. Fees paid are non-refundable except where mandatory law provides otherwise. In case of late payment, statutory default interest is charged and the Account may be temporarily suspended until the debt is settled.
8. Acceptable Use
You agree to use the Service in accordance with the law and exclusively for managing reservations of your hospitality business. The following is expressly prohibited:
- attempting unauthorized access to the Service, other Accounts, or our infrastructure;
- interfering with or overloading the Service (e.g., DoS attacks, automated scraping, bulk data harvesting);
- reverse engineering, decompiling, or otherwise attempting to obtain the source code;
- submitting content that infringes third-party rights, contains malicious code, or violates the law;
- using the Service to send unsolicited communications (spam) to guests or third parties;
- sharing access credentials with persons outside your organizational team;
- reselling, sublicensing, renting, or providing the Service as your own product without our prior written consent.
9. Your Content and Guest Data
All Content you enter into Reservista, including your guest database and reservation data, remains your property. Reservista acts solely as a data processor under Article 28 of the General Data Protection Regulation (GDPR), with you as the data controller. Processing is performed on your instructions and exclusively for the purpose of providing the Service. Detailed processing terms are described in our Privacy Policy and a separate Data Processing Agreement (DPA) is available on request.
10. Our Intellectual Property
All software, design, code, text, trademarks, and other materials that make up the Service are the exclusive property of Rubycode d.o.o. or its licensors. The User receives a non-exclusive, non-transferable, revocable right to use the Service for the duration of the Subscription. Without our prior written consent you may not reproduce, distribute, publicly communicate, or create derivative works based on the Service.
11. Privacy
The processing of personal data is described in detail in our Privacy Policy, which forms an integral part of these Terms.
12. Service Availability and Maintenance
We strive to keep the Service highly available and use standard technical measures (redundancy, backups, continuous monitoring), but we do not guarantee uninterrupted or error-free availability. We reserve the right to perform planned maintenance, announced at least 24 hours in advance via email or in-app notice. We are not liable for outages caused by circumstances outside our reasonable control, including third-party infrastructure failures, internet outages, or force majeure.
13. Limitation of Liability
To the fullest extent permitted by mandatory law, Rubycode d.o.o. shall not be liable for any indirect, consequential, incidental, or special damages (including lost profits, lost business opportunities, or loss of data) arising from the use or inability to use the Service. Our total aggregate liability to the User for any claim is limited to the total amount the User paid for the Service in the 12 months preceding the event giving rise to the liability. This limitation does not apply to damages caused intentionally or by gross negligence, nor to obligations that cannot be excluded under mandatory law.
14. Force Majeure
Neither party is liable for failure to perform caused by force majeure events, including but not limited to: natural disasters, war, epidemics, strikes, telecommunications or power outages, third-party infrastructure failures, cyberattacks, or decisions of competent authorities that prevent contract performance.
15. Suspension and Termination
The agreement is concluded for an indefinite period and the User may cancel at any time by sending notice to info@reservista.app, with cancellation taking effect at the end of the current billing period. We reserve the right to suspend or terminate the Account with immediate effect in case of breach of these Terms, non-payment, or where required by a competent authority. For material breaches that can be cured, we will give the User at least 7 days to remedy the breach before termination.
16. Effects of Termination and Data Export
Upon termination, the User's right to use the Service ends. For 30 days following termination we will allow the User to export their Content in a common machine-readable format (CSV or similar). After this period we delete the Content, except for data we are required to retain by law (e.g., invoicing and tax records).
17. Notices
All legally relevant notices are deemed duly delivered if sent to the email address the User provided when opening the Account, or to info@reservista.app for notices addressed to us. The User must keep their contact details up to date.
18. Governing Law and Jurisdiction
These Terms are governed by the law of the Republic of Croatia, excluding its conflict of law rules. The Commercial Court in Zagreb (Trgovački sud u Zagrebu) shall have exclusive jurisdiction over any disputes arising from these Terms. Before initiating court proceedings, the parties undertake in good faith to attempt amicable resolution of the dispute.
19. Miscellaneous
- If any provision of these Terms is found to be void or unenforceable, the remaining provisions remain in force and shall be interpreted in a manner that best matches the original intent.
- These Terms, together with the Privacy Policy and the related Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and communications.
- The User may not assign their rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliated company or legal successor in case of merger, acquisition, or reorganization.
- A party's failure to exercise a right in a particular case does not constitute a waiver of that right or provision.
20. Contact
For all questions about these Terms please contact us at info@reservista.app or via our Contact page.