These Terms of Service ("Terms") form a binding legal agreement between:
"Provider" — Knitted Logic, obrt za IT usluge, vl. Vedran Balagović, a sole-proprietor business registered in the Republic of Croatia, having its registered office at Ulica Bedřicha Smetane 13, 10000 Zagreb, Croatia, OIB: 94496971361 (the "Provider", "we", "us", "our"); and
"Customer" — the legal entity or natural person acting in a business capacity that purchases a License to the Data or otherwise accesses or uses any CarsDataset product or service (the "Customer", "you", "your").
In these Terms:
By completing a purchase, downloading any Data, using any API key issued by Provider, or otherwise accessing the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not purchase, download, or use the Data.
If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have full authority to bind that entity and that the entity accepts these Terms. The individual accepting these Terms on behalf of an entity shall be jointly and severally liable with that entity for any breach.
Provider may update these Terms from time to time. Material changes will be communicated by email to the address associated with your Order. Continued use of the Data or the Service after such notice constitutes acceptance of the updated Terms.
Subject to Customer's full and timely payment of all applicable Fees and continuous compliance with these Terms, Provider grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable license to use the Data solely for Customer's internal business purposes, including:
This License takes effect upon successful completion of an Order and continues indefinitely for one-time purchases, subject to Sections 4 (Restrictions) and 15 (Termination). For subscription-based access, the License is coextensive with the active subscription term.
Customer shall not, and shall not permit any third party to:
Provider may embed unique, unobtrusive identifying markers in each Deliverable for the purpose of detecting unauthorized redistribution. The presence or detection of such markers in any third-party system shall be prima facie evidence of a license violation by the Customer to whom the Deliverable was issued.
Any analyses, visualizations, reports, models, applications, or aggregated insights that Customer creates using the Data ("Derived Works") are owned by Customer, provided that:
For clarity, a product that simply exposes the Data via an API or search interface is not considered a Derived Work and remains subject to Section 4.
Provider will deliver the Data by email, secure download link, or API access, as specified at the time of Order. Delivery is deemed complete upon dispatch of the download link or provisioning of API credentials to the email address provided during checkout.
Some one-time Deliverables may include a limited number of complimentary data refreshes during a stated window (e.g., two (2) free updates in the first six (6) months for the cars dataset). Such included refreshes:
After the included-refresh window expires, Customer may request further updates on an ad-hoc basis, which Provider may accept or decline at its discretion and which shall be subject to separate written terms and fees.
Download links issued by Provider are time-limited and usage-limited (typically expiring after fourteen (14) days and allowing up to ten (10) downloads). Customer is responsible for securely downloading and storing the Deliverable within the validity period. If a download link expires, Customer may request a replacement by replying to the original delivery email; Provider will reasonably accommodate such requests during the first twelve (12) months following purchase.
API keys are the sole responsibility of the Customer. Customer must treat API keys as confidential credentials equivalent to passwords. Any activity conducted using a Customer's API key is conclusively deemed to be the act of the Customer, regardless of whether the Customer actually authorized such activity. Provider bears no liability for consequences of API key leakage.
Fees. All fees are stated in United States Dollars (USD) unless otherwise indicated, are exclusive of any applicable value-added tax, sales tax, or similar government-imposed levies, and are payable in advance via Provider's designated payment processor (currently Stripe, Inc.).
Taxes. Customer is responsible for all taxes, duties, withholdings, and levies imposed on the Order, other than taxes based on Provider's net income. Where Provider is required to collect VAT (e.g., EU B2C sales), such tax will be added to the invoice automatically via Stripe Tax.
Currency conversion. If Customer's payment method is denominated in a currency other than USD, exchange rates and fees are set by Customer's bank or card issuer, not by Provider.
Refunds — one-time purchases. Due to the nature of digital goods (perfect replicability and immediate access), one-time dataset purchases are final and non-refundable once the download link has been issued. Provider may, at its sole discretion, issue a refund in cases of demonstrable non-delivery or if the Deliverable is so materially incomplete that it is unusable for its intended purpose, provided that Customer notifies Provider within seven (7) days of the original delivery.
Refunds — subscriptions. Subscription fees are billed in advance for each period and are non-refundable for the current period. Customer may cancel at any time through the Stripe customer portal; cancellation takes effect at the end of the current paid period.
Chargebacks. Initiating a chargeback without first contacting Provider to resolve a dispute constitutes a material breach of these Terms and will result in immediate termination of the License and revocation of all access credentials.
Late payment. For invoiced (non-Stripe) engagements, amounts unpaid after the due date accrue interest at the Croatian statutory default interest rate, calculated daily until paid in full.
The Data is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, express or implied, including without limitation any warranty of accuracy, completeness, merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or accuracy of informational content. Provider does not warrant that:
Customer acknowledges that the Data is compiled from multiple public and commercial sources of varying reliability, that automated enrichment processes may introduce inaccuracies, and that pricing and specification information is inherently volatile. Customer must not rely on the Data as the sole basis for any safety-critical, legal, financial, or regulatory decision. Customer assumes all risk associated with its use of the Data.
To the fullest extent permitted by applicable law, Provider disclaims all statutory warranties, implied warranties, and warranties arising from course of dealing or usage of trade.
Exclusion of consequential damages. To the fullest extent permitted by applicable law, in no event shall Provider be liable for any indirect, incidental, special, consequential, punitive, exemplary, or enhanced damages, including without limitation any damages for loss of profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, business interruption, cost of substitute goods or services, or any other intangible losses, arising out of or in connection with these Terms or Customer's use of or inability to use the Data, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not Provider has been advised of the possibility of such damages.
Liability cap. Provider's total aggregate liability arising out of or in connection with these Terms, the Data, or any Service, from all causes of action and under all theories of liability, shall be limited to the total amount actually paid by Customer to Provider under the relevant Order during the twelve (12) months immediately preceding the event giving rise to the claim, or USD 100, whichever is greater.
Essential basis. Customer acknowledges that the fees reflect the allocation of risk set forth in these Terms and that Provider would not enter into this agreement without these limitations. The limitations in this Section shall apply even if any limited remedy fails of its essential purpose.
Carve-outs. Nothing in these Terms shall limit or exclude either party's liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under mandatory applicable law.
Customer shall indemnify, defend, and hold harmless Provider, its owner, employees, contractors, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
Provider shall promptly notify Customer of any claim subject to indemnification and shall provide reasonable cooperation to Customer at Customer's expense. Customer shall not settle any such claim without Provider's prior written consent.
In the course of processing Orders, Provider processes limited personal data about Customer and its contact persons (name, email, billing address, payment metadata) as a data controller for the purposes of contract performance, tax compliance, and legitimate business interests. This processing is described in Provider's Privacy Notice, available on request.
The Data itself consists of vehicle specifications and aggregated market listings and does not contain personal data relating to identifiable individuals. If Customer uses the Data in combination with personal data it controls, Customer is solely responsible for GDPR and other data-protection compliance in connection with that use.
Provider retains Order records for the period required by applicable tax, accounting, and commercial law (typically eleven (11) years under Croatian law), after which they are securely destroyed.
The Data is compiled from a combination of publicly accessible sources, commercial feeds, manual research, and automated enrichment. Provider does not claim ownership of the underlying vehicle designs, manufacturer specifications, or third-party photographs from which field values may be derived. Provider claims rights only in the compiled, structured, enriched database as a whole, which constitutes a protected database under Article 7 of Directive 96/9/EC and Croatian law implementing same.
Customer shall respect any third-party rights associated with underlying vehicle names, trademarks, and trade dress, and shall not use the Data in a manner that suggests endorsement by any vehicle manufacturer.
Customer represents and warrants that it is not located in, organized under the laws of, or acting on behalf of any jurisdiction subject to comprehensive sanctions by the European Union, the United States, or the United Nations, and that it is not listed on any restricted-parties list maintained by any of those authorities. Customer shall not export, re-export, or provide access to the Data in contravention of applicable export-control or sanctions laws.
Term. These Terms take effect upon the earlier of Customer's acceptance or Customer's first Order, and continue in force for as long as Customer holds any License granted hereunder.
Termination for cause. Provider may terminate any License and any Order immediately upon written notice (including email) if Customer:
Termination for convenience. Customer may discontinue use of the Data at any time. Such discontinuation does not entitle Customer to any refund.
Effect of termination. Upon termination for cause, Customer shall:
Survival. Sections 4 (Restrictions), 5 (Derived Works), 8 (Fees), 9 (Warranties), 10 (Liability), 11 (Indemnification), 12 (Privacy), 15 (Effect of Termination), 17 (Governing Law), and 18 (General) shall survive termination of these Terms.
Neither party shall be liable for any delay or failure to perform any obligation under these Terms (other than a payment obligation) to the extent such delay or failure results from causes beyond that party's reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, epidemics, pandemics, governmental action, interruption of internet or third-party cloud services, denial-of-service attacks, or power failures. The affected party shall use reasonable efforts to resume performance as soon as practicable.
These Terms are governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The parties shall attempt in good faith to resolve any dispute by negotiation within thirty (30) days of written notice. If not resolved, any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the competent courts of Zagreb, Croatia.
Notwithstanding the foregoing, Provider may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property rights or to enforce the restrictions in Section 4.
Entire agreement. These Terms, together with any Order confirmation and any written addendum executed by both parties, constitute the entire agreement between the parties and supersede all prior and contemporaneous communications, whether oral or written.
Order of precedence. In case of conflict, the order of precedence is: (1) a signed written addendum, (2) these Terms, (3) the Order confirmation email.
No waiver. No failure or delay by Provider in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any breach is not a waiver of any subsequent breach.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
Assignment. Customer may not assign or transfer these Terms, by operation of law or otherwise, without Provider's prior written consent. Any purported assignment in violation of this provision is void. Provider may assign these Terms freely to any successor in interest, affiliate, or acquirer of all or substantially all of its business assets.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship.
No third-party beneficiaries. These Terms are for the sole benefit of the parties and their respective successors and permitted assigns.
Notices. All notices under these Terms shall be in writing and sent by email to the addresses on file with each party, and shall be deemed received on the next business day following dispatch.
Counterparts & electronic signatures. Acceptance via clicking a checkbox, completing a purchase, or replying "I accept" to an email is deemed a valid electronic signature and has the same legal effect as a handwritten signature.
Headings. Section headings are for convenience only and do not affect interpretation.
Language. These Terms are drafted in English. In case of a conflict with any translation, the English version shall prevail.
For questions about these Terms, license extensions, enterprise licensing, or to report a violation:
Knitted Logic, obrt za IT usluge, vl. Vedran Balagović
Ulica Bedřicha Smetane 13
10000 Zagreb, Croatia
OIB: 94496971361
Email: vedran@knittedlogic.com