Terms
of use

1. Service provider

Digitalko (the website digitalko.net and the portal portal.digitalko.net) is a service of Digital Marketing j.d.o.o. za usluge, Otona Kučere 72, 44250 Petrinja, Croatia, OIB 27989586968, MBS 081122097, registered with the Commercial Court in Zagreb (hereinafter: the Provider). The share capital is €1.33 (HRK 10.00) and has been paid in full. Managing director: Damir Nenadić.

Contact: [email protected], phone +385 44 202 888.

2. Scope and acceptance of the terms

These terms govern the use of the Digitalko platform: the digital presence self-assessment, the client portal, AI tools for creating content, images, videos and websites, the CRM, the Magnet module (Lead and Bait), the agency directory, the partner programme and related features (hereinafter: the Service).

By registering a user account or using the Service, the user (hereinafter: the User) confirms that they have read and accepted these terms and the Privacy policy. A person opening an account on behalf of a company or sole proprietorship warrants that they are authorised to assume obligations on its behalf.

The Service is intended exclusively for businesses: companies, sole traders, self-employed professionals, associations and other persons using the Service in the course of their business activity. By registering and with every purchase, the User declares that they act in that capacity. The Provider does not enter into contracts with consumers.

Services performed by the Provider's team (website design, hosting, social media management, AI chatbot and AI calls) are contracted separately, based on a quote, and are not covered by these terms unless the quote states otherwise.

3. User account

• When registering, the User must provide accurate information and update it if it changes, in particular the information needed for invoicing (company name, OIB or VAT number, address).
• Before the first purchase, the User must enter the name, address and tax number of the business (OIB for Croatia, a VAT identification number verified in the VIES system for other EU member states, a tax number for other countries). A purchase is not possible without this information.
• The User keeps their login details confidential and is responsible for all actions taken through their account. If unauthorised access is suspected, the User notifies the Provider immediately at [email protected].
• Within the account, the User can create one or more organisations and workspaces (separate spaces for companies, brands or locations), up to the number allowed by the chosen plan, and invite other members.

4. Plans, prices and VAT

The Service is used with one of the following plans:

In addition to credits and workspaces, the plans unlock the following modules:

A plan is the basis for using the Service. The AI tools and other portal features, including the use of extra credits, are available only while the User has an active plan. A plan lasts until the end of the trial period or the paid billing period, regardless of whether the User has used up the plan credits. When a plan expires (at the end of the trial period, on cancellation of the subscription or because of a failed payment), delivery of the Service is suspended until the User activates a plan. The data and unused extra credits are kept in the meantime.

With an active plan, the User can make a one-off purchase of extra credits:

The current price list, including the credit price of each action, is published at digitalko.net/en/paketi.html and in the portal.

All prices are stated exclusive of VAT. The Provider is registered for VAT. Customers in the Republic of Croatia are charged VAT at 25%. Businesses from other EU member states that provide a valid VAT identification number (verified in the VIES system) are not charged VAT, and the obligation to account for VAT passes to the customer (reverse charge). Other customers are charged VAT in accordance with the regulations that apply to them.

5. Credits

• Credits are the unit of account for using the AI tools. One credit is worth €0.01. Credits are not money and cannot be exchanged for money or transferred to another user.
• The credit price of each action is published in the price list and shown in the portal before the action is performed. Credits are only used after an action has been completed successfully; if generation fails, no credits are used.
• Plan credits are allocated at the start of each billing period and are valid only until its end. Unused plan credits do not carry over to the next period.
• Extra credits (purchased credit packs) do not expire while the user account is active and carry over from one period to the next. They can be used only with an active plan. If the User runs out of plan credits before the end of the period, they can buy extra credits and continue using the Service.
• Order of use: extra credits are used first. As long as the User has extra credits, including those carried over from earlier periods, those are used, and only then the plan credits.

6. Payment and invoices

• Payments are processed by the licensed payment service provider Stripe Payments Europe Ltd. (Ireland). The Provider does not see or store payment card details.
• The subscription is paid in advance for the chosen period (month or year) and renews automatically for the same period, charging the same payment method, until the User cancels it.
• For every payment, the Provider issues an invoice in accordance with Croatian regulations on fiscalisation and electronic invoicing. The invoice is sent by email and is available in the portal.
• If a subscription renewal fails, the Provider will notify the User by email and attempt the charge again. If payment still fails, the plan expires and delivery of the Service is suspended as described in section 4; the data is kept.

7. Cancellation and refunds

• The User can cancel the subscription at any time in the portal. Cancellation takes effect at the end of the current paid period; until then the User keeps access and the plan credits.
• No refund is given for a billing period that has already started, including a yearly subscription, unless the Provider cannot deliver the Service for reasons on its side.
• Upgrading to a higher plan is possible at any time; the terms of the change, including how the difference is charged, are shown in the portal before confirmation. Downgrading to a lower plan takes effect from the next billing period. Data in the CRM and Magnet is kept if the User moves to a lower plan.
• Purchased credit packs are non-refundable.

8. AI tools and content

• Content generated by the Service (texts, images, videos, websites) is created by artificial intelligence models. Such content may contain inaccuracies or resemble existing works. The User must review content before publishing it and is responsible for its publication and use.
• The User retains the rights to the data and materials they enter into the Service. The User may freely use generated content, including for commercial purposes, to the extent permitted by law.
• The User warrants that they have the right to use all materials they enter (texts, images, logos, data about third parties).
• The self-assessment and the Digital Health Score are automated assessments of publicly available data and serve as guidance; they do not guarantee business results.

9. Processing data on behalf of the User

For personal data the User enters or receives through the Service (CRM, web forms, Bait, Lead), the User is the controller and the Provider is the processor. The User warrants that they have a lawful basis for the processing and have informed the data subjects about it. The User is responsible for ensuring that the first contact with companies found by Lead complies with the rules on electronic communications and direct marketing.

As processor, the Provider undertakes to:

• process the data only on the User's instructions, which consist of these terms and the settings the User chooses in the portal, unless required otherwise by law;
• ensure that persons authorised to process the data are bound by confidentiality;
• apply appropriate technical and organisational data protection measures;
• engage only the sub-processors listed in the Privacy policy, under the same data protection obligations, and notify the User of any change of sub-processor, to which the User may object;
• assist the User in responding to data subject requests and in meeting their obligations under Articles 32 to 36 GDPR;
• notify the User of a personal data breach without undue delay;
• delete the data when the contract ends, as described in section 15;
• make available to the User the information needed to demonstrate compliance with these obligations.

This section, together with the Privacy policy, constitutes a data processing agreement within the meaning of Article 28 GDPR.

10. Agencies

• The agency directory connects Users (clients) with digital marketing agencies. The agency pays only the annual directory membership, €300 a year; the membership does not include credits, and the Provider does not charge a commission per job.
• An agency profile is published after the Provider has reviewed it. The Provider may refuse to publish a profile or remove it if the agency breaches these terms.
• The Provider is not a party to the contract between the client and the agency and is not responsible for its performance.
• Only a client with a recorded collaboration with the agency can leave a review. The Provider may remove a review that breaches section 12.
• The agency undertakes not to contract work outside the platform with a client it first contacted through the agency directory, for 12 months from that contact. In the event of a breach, the Provider may remove the agency's profile without refunding the amount paid.

11. Partner programme

• Participation in the partner programme is possible only with the Provider's manual approval; the programme is not a public offer to all users. Only a business within the meaning of section 2 can be a partner.
• The commission rate is agreed individually with each partner and shown in the portal.
• Commission is calculated only on the first payment of a client the partner referred through their partner code or link, not on the client's later payments. If that payment is refunded or reversed, no commission is paid.
• The Provider approves the commission within 20 days of the client's payment, after verification. Payout follows approval, based on an invoice the partner issues to the Provider.
• The Provider may reject a partner application or suspend a partner, in particular where abuse or self-referral is suspected. While a partner is suspended, no commission is approved.
• The Provider does not assume the partner's tax obligations. The partner is solely responsible for declaring the commission received and paying taxes and other charges.

12. Acceptable use

The User agrees not to use the Service for:

• creating or publishing unlawful, misleading, defamatory or discriminatory content, or content that infringes the rights of third parties;
• sending unsolicited messages (spam) or impersonation;
• circumventing plan limits, automated mass exploitation or disrupting the operation of the Service;
• attempts at unauthorised access to the system or other people's data.

In the event of a breach, the Provider may temporarily restrict access or terminate the contract, with prior notice where reasonably possible.

13. Service availability

The Provider strives to keep the Service available without interruption but does not guarantee uninterrupted availability. Planned maintenance is announced in the portal where possible. Some features depend on external services (e.g. social networks and AI model providers) whose availability the Provider cannot influence.

14. Limitation of liability

To the extent permitted by law, the Provider is not liable for lost profit, loss of data caused by the User, or indirect damage. The Provider's total liability to the User is limited to the amount the User paid for the Service in the last 12 months. These limitations do not apply to damage caused intentionally or through gross negligence.

15. Termination and account deletion

• The User can request deletion of their account at any time via [email protected].
• Deleting an account permanently deletes all of its organisations, workspaces and data, including generated content and unused credits. Deletion cannot be undone; the User must download any content they want to keep beforehand.
• By way of exception, data the Provider is legally required to keep (e.g. invoices) is retained for the statutory period, as described in the Privacy policy.

16. Changes to terms and prices

The Provider may change these terms and the price list. The User is notified of material changes, including a change in the subscription price, by email at least 30 days in advance. The new price applies from the first billing period after that notice period. A User who does not agree with a change may cancel the subscription before the change takes effect.

17. Complaints and dispute resolution

Complaints are submitted in writing to [email protected] or to the Provider's registered address. The Provider confirms receipt of the complaint and responds within 15 days at the latest.

These terms are governed by the law of the Republic of Croatia. Disputes fall under the jurisdiction of the competent court at the Provider's registered office.