TERMS OF PROVISION AND USE OF SYRVE

These Terms of Provision and Use of SYRVE (hereinafter: the "Terms") take effect and become binding on the Client from the moment any of the following events occurs, whichever occurs earlier:

• from the moment of signing an agreement that references these Terms;
• from the moment of accepting an Offer that references these Terms;
• from the moment of paying an invoice that references these Terms;
• from the moment of obtaining access to the Services/Software or their use.

From the moment any of the said events occurs, these Terms become legally binding on the Client, and an agreement on the provision and use of the SYRVE Services and Software is deemed concluded between the Parties on the terms set out in this document.

1. PARTIES. LEGALLY BINDING AGREEMENT

1.1. Parties

These Terms constitute a form of Agreement on the provision of access to the SYRVE Services/Software and their use, and are concluded between:

ITMATHICS DOO BEOGRAD-ZVEZDARA, a company registered and operating in accordance with the laws of the Republic of Serbia, registration number 21805084, registered office: Dalmatinska 115, 11120 Beograd, email: syrve@itmathics.rs (hereinafter: the "Reseller", "we", "us"),

and

a legal entity or natural person (in the status of an entrepreneur or another appropriate status) that accepts these Terms and uses the Services in the course of conducting its business activity (hereinafter: the "Client", "You").

The Reseller's right to provide the SYRVE Services/Software is based on the SOFTWARE RESELLER AGREEMENT No. IT_2025-04/22 dated 22 April 2025, concluded between the Reseller and the Rightholder.

1.2. Binding nature and acceptance of the terms

These Terms constitute a legally binding commercial agreement. You accept these Terms and become bound by their provisions from the moment the earliest of the following events occurs:

• acceptance of an Offer that references these Terms (including in electronic form);
• payment of any invoice or proforma invoice that references these Terms;
• conclusion of an agreement that references these Terms;
• installation, activation, obtaining access to the Software or Services or their use, including granting any User the right to access or use the Software or Services.

Acceptance of these Terms is a mandatory precondition for acquiring any rights to access or use the Services.

1.3. Authority

The person accepting these Terms represents and warrants that it holds all necessary legal authority to assume obligations on behalf of the Client.

1.4. B2B basis of the relationship

The Parties confirm that the Client uses the SYRVE Services/Software in the course of conducting a commercial, entrepreneurial, professional or other business activity. SYRVE is not intended for personal, family or household use.

Consumer protection laws and regulations are expressly excluded from application to these Terms to the maximum extent permitted by applicable law, and these Terms may not serve as a basis for establishing a relationship with a natural-person consumer.

2. DEFINITIONS

2.1. Definitions

In these Terms, capitalized terms have the following meanings:

"Rightholder" — the licensor and supplier of the software components of the SYRVE Services and Software. The Rightholder is SYRVE S.R.L. Uninominale, Via Strada 6, Edificio A13 Assago Milanofiori - MI, Italy, 20057.

"Acceptable Use Policy" — the restrictions and obligations set out in Section 9.

"Applicable Data Protection Law" — all applicable laws and regulations governing the Processing of Personal Data, including Regulation (EU) 2016/679 (GDPR) and the applicable national data protection legislation (the Law on Personal Data Protection ("Official Gazette of the RS", No. 87/2018)).

"Applicable Law" — all laws and regulations applicable to a Party, the Client's activity or the Client's use of the Services. The applicable law of these Terms is the law of the Republic of Serbia. Notwithstanding the foregoing, the scope of warranties, functionality, limitations of liability and other obligations of the Reseller may not exceed the scope of the obligations assumed by the Rightholder in respect of the relevant Services and Software.

"Authorized Users" or "Users" — employees, representatives, contractors and other persons whom You have authorized to use the SYRVE Services/Software on Your behalf.

"Confidential Information" — all non-public information of a confidential or business nature that one Party discloses to the other Party in oral, written or electronic form, as further defined in Section 15.

"Customer Data" — data relating to the Client's customers or guests that is processed through the Services, including Personal Data, order history, reservations, delivery/pickup data and transaction data (except cardholder data processed by Payment Services Providers as independent controllers).

"Documentation" — the Rightholder's user manuals, technical documentation, release notes and usage instructions provided by the Rightholder (including materials published on the Rightholder's portal / support center).

"Fees" — all payments and fees owed by the Client to the Reseller under these Terms for the provision of the SYRVE Services/Software (including all subscription, license, support fees and contractual penalties).

"Fixed-Fee Subscription Model" — has the meaning set out in Section 12.1.

"Business Days" — any day other than a Saturday, Sunday or a public holiday in Serbia.

"Hardware" — POS terminals, kitchen displays, printers, peripheral devices, routers/switches and other equipment used in connection with the Services.

"Intellectual Property Rights" — all existing and future intellectual property rights and similar proprietary rights worldwide, including copyright, database rights, patents, trademarks, trade secrets and know-how.

"Billing Period" — the period used to calculate the price of the SYRVE Services/Software, as a rule a calendar month / billing month or a calendar / billing year, as stated in the applicable Offer.

"Merchant Data" — all data and content that the Client provides or that is provided on its behalf through the Services, excluding Customer Data, and excluding Syrve technologies and Aggregated Data.

"Offer" — any written or electronic commercial offer, connection offer, subscription confirmation and/or proforma invoice that references these Terms, issued by the Reseller, accepted by You, and establishing the applicable tariff plan, scope, payment model, Fees and/or term of provision of the Services.

"Payment Services Provider" — a third party that provides payment services (for example, a bank, an electronic money institution, a payment institution or another similar regulated entity).

"Payment Services Agreement" — any separate agreement (including terms of use, user agreements, connection terms, policies and similar documents) between the Client and a payment services provider governing the provision of payment services.

"Payment Services Provider Fee" — all fees charged by the Payment Services Provider to the Client for the provision of payment services (including, where applicable, payment processing, card acceptance, settlement, as well as any platform, application, processing or similar fees) under the Payment Services Agreement.

"Personal Data", "Processing", "Processor", "Controller" and "Security Incident" — have the meanings set out in the Applicable Data Protection Law.

"Services" — the Syrve software platform for hospitality business management and the POS (point-of-sale) system, including hosted / cloud components, offline-capable components (where supported), updates, modules, APIs (where activated), integrations and support, as described in the Documentation and the relevant Offers.

"SLA" — the service level obligations set out in Schedule A.

"Software" — the Syrve software, including cloud software, software installed locally or accessed via web and mobile applications, as well as all updates and enhancements provided by Syrve as part of the Services.

"Syrve Technologies" — the Services, Software, Syrve applications, Documentation, APIs, updates, enhancements, as well as all materials, systems and technologies of the Rightholder.

"Third-Party Services" — products or services provided by third parties and connected with the Services (for example, payment services providers, delivery platforms, accounting integrations, hardware suppliers, telecommunications / internet providers, etc. — to the extent applicable).

"Extensions" — add-ons, modules and adaptations of the Software developed by the Reseller with the consent of, but independently from, the Rightholder, for the purpose of bringing the Software into compliance with the regulations and business practices of the Republic of Serbia.

3. SCOPE OF THE SYRVE SERVICES/SOFTWARE

3.1. Syrve Services/Software

The Reseller provides the Syrve Services/Software in accordance with the Documentation and the applicable Offer. The Services may include cloud services, offline-capable functions, updates, Documentation, integrations (where activated), and technical support.

The right to use the Syrve Services/Software provided by the Reseller is limited to the territory of the following countries: Serbia, Bosnia and Herzegovina, Montenegro.

3.2. Preconditions

The mandatory preconditions for granting a license to the Services / access to the Software are:

• payment of the relevant invoice / proforma invoice (in accordance with the applicable Offer);
• agreement to these Terms and their acceptance in accordance with clause 1.2.

If the Client does not agree, in whole or in part, with these Terms (the Agreement), it must refrain from using the Services/Software. Use of the Services/Software, including, among other things, registration of an account, access to the Software, its installation, activation or any other actual use of the Services, means that the Client has reviewed these Terms, understood their content, unconditionally accepted them in full, and undertakes to comply with all the terms contained therein.

3.3. No sale of goods. No merchant-of-record status. No payment services

The Reseller provides solely the Software and accompanying support / hosting services. We do not sell Your goods, do not act as a merchant of record, and do not provide card-acceptance, settlement, electronic-money issuance or other regulated payment services.

Any payment processing and settlement is carried out by the Payment Services Provider under a separate Payment Services Agreement concluded between You and the Payment Services Provider. All sales to Your customers or guests constitute agreements concluded solely between You and Your customers.

3.4. Client's responsibility

You bear sole responsibility for:

• Your prices, menu, availability of goods/services, order fulfillment, delivery/pickup, refunds, chargeback requests and communication with customers;
• the legality and quality of Your goods / services;
• compliance with the applicable regulations relating to Your activity (including tax regulations, labor regulations, consumer protection regulations, compliance with cash-register rules and fiscalization regulations);
• Your internal procedures and policies, including allocation of staff access rights and fraud prevention.

3.5. Third-Party Services

Certain Services require the use of Third-Party Services (including Payment Services Providers) and may be conditioned upon the Client concluding, maintaining and complying with separate agreements with such third parties. The Reseller is not a party to such agreements and does not control Third-Party Services.

4. OFFERS. COMMERCIAL TERMS

4.1. Offers

Your tariff plan, activated modules, usage limits (for example, the number of locations, terminals, users), term, payment models and Fees are established in the applicable Offer (an Offer includes, among other things, a proforma invoice sent to the Client).

Use of the Services beyond the paid scope is deemed a material breach of these Terms, and the Reseller has the right (without prejudice to other rights) to charge for such use at the then-current rates of the Syrve Rightholder or to suspend the relevant excess use.

4.2. Changes to Offers

A change of tariff plan, the number of activated licenses, additional modules or another change in the scope of services may be effected through a new Offer or by amending the current Offer, including an amended invoice / proforma invoice or a commercial offer that references these Terms.

5. ACCESS. ACCOUNTS. CLIENT INFORMATION

5.1. Account security

You are responsible for maintaining the confidentiality of Your access credentials, for all actions taken under Your account, and for compliance with these Terms by all Users.

You must notify the Reseller without delay of any unauthorized access to or use of the account.

5.2. User management. Reasonable limitations

You have the right to create, modify and delete User accounts in accordance with Your tariff plan. The Reseller and/or the Rightholder have the right to establish reasonable technical limitations appropriate to Your plan and aimed at ensuring the stability and integrity of the Services.

5.3. Client information. Verification

You represent, warrant and undertake that all information You provide to the Rightholder and/or to us as the Reseller and/or to any third-party service provider or contractor engaged by the Reseller to provide the Services and supply the Software (including onboarding, verification and compliance-check processes) is accurate, complete and truthful, and that You will update such information promptly upon any change, so that it always remains complete, current and not misleading.

You must notify the Reseller without delay of any changes to Your name, legal status, change of authorized person, change of bank details, as well as the nature and scope of the goods / services You provide, or of any other material changes.

The Rightholder, the Reseller (and/or its third-party service providers, including Payment Services Providers) have the right to request additional information and supporting documentation both during and after the onboarding process, including periodic checks, and You must provide such data without undue delay upon request.

The Rightholder and/or the Reseller have the right to suspend the provision of the Services with immediate effect and/or terminate the Agreement under these Terms with immediate effect (in any case without any liability) if You fail to keep the said information up to date, fail to provide the requested data in a timely manner, or provide inaccurate, misleading or incomplete information.

6. GRANT OF LICENSE

6.1. Grant of license

Subject to payment of the Fees and continued compliance with these Terms, the Reseller grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, for the term of the Agreement, to access and use the Software and Services solely for the Client's internal business operations, in accordance with these Terms and the Rightholder's Documentation.

6.2. Installable components

In cases where certain components are installed on Your devices (for example, a local POS client, a printer module), You may install and use them only on authorized devices / terminals and solely to the extent necessary to use the Services within the paid scope.

6.3. Scope of the license

The license is limited to the modules, functions, number of users, devices, locations and term stated in the applicable Offer. Any use beyond the paid scope is deemed a material breach of these Terms.

6.4. No sale. Reservation of rights

The Software is licensed and not sold. All rights not expressly granted to the Client are reserved by the Rightholder.

7. OWNERSHIP. DATA. PRODUCT IMPROVEMENT

7.1. Intellectual property in Syrve Technologies

All Intellectual Property Rights in the Syrve Technologies, including updates, enhancements and derivative developments, belong exclusively to the Syrve Rightholder (or its licensors). Use of the Syrve Services/Software in accordance with these Terms does not transfer to You any ownership rights in the Syrve Technologies.

7.2. Intellectual property rights in Extensions

The Extensions constitute independent works of authorship protected by the Reseller's copyright in accordance with the Law on Copyright and Related Rights ("Official Gazette of the RS", Nos. 104/2009, 99/2011, 119/2012, 29/2016 — Constitutional Court decision and 66/2019). All Intellectual Property Rights in the Extensions belong exclusively to the Reseller. The Client acquires the right to use the Extensions solely to the extent and in the manner established by these Terms, without the right of further transfer, copying or modification.

7.3. Merchant Data and Customer Data

The Client retains ownership of the Merchant Data and Customer Data and grants the Reseller and the Rightholder a worldwide, royalty-free, non-exclusive license to Process the Merchant Data and Customer Data solely for the purpose of providing, maintaining, securing and improving the Services.

7.4. Right to process data

You grant the Syrve Rightholder, its sub-processors, and the Reseller a worldwide, non-exclusive, royalty-free right to host, Process, transmit, display, copy and otherwise use the Merchant Data and Customer Data solely for the purpose of:

• providing, operating, supporting, maintaining and securing the Services;
• providing support and resolving incidents;
• complying with applicable regulations and acting upon lawful requests of competent authorities;
• creating Aggregated Data in accordance with section 7.5.

7.5. Aggregated and anonymized data

The Rightholder and the Reseller have the right to create anonymized and aggregated data derived from the use of the Services (the "Aggregated Data") that does not allow identification of You or any natural person.

The Rightholder and the Reseller have the right to use the Aggregated Data for analytics, benchmarking, ensuring security, optimizing the operation of the Services and improving the product. All rights in the Aggregated Data belong to the Syrve Rightholder and the Reseller.

7.6. Feedback

If You provide suggestions, ideas, enhancement requests or other feedback (the "Feedback"), You grant the Reseller and the Rightholder a perpetual, worldwide, irrevocable, royalty-free right to use, reproduce, modify, commercialize and incorporate such feedback without restriction and without payment of any fee.

8. INTERNET / NETWORK AND OPERATIONAL REQUIREMENTS

8.1. Client's obligations

The Client bears sole responsibility for ensuring the continuous fulfillment of the network and internet requirements set out in Schedule D, including sufficient bandwidth of the communication channel, a stable connection, secure configuration and, where necessary, redundant internet connections.

8.2. Exclusion of liability for connectivity

The Reseller is not liable for any interruptions, degradation of quality or unavailability of the Services caused by: Your internet connection, network infrastructure, outages at the internet provider, incorrect configuration, Wi-Fi network limitations, or failures of Your equipment or of third-party equipment not under the Reseller's direct control.

8.3. Offline functionality

Where offline operation is supported, You must use it in accordance with the Documentation and Schedule D (including regular data synchronization and requirements regarding closing of cash-register shifts). Certain functions may be unavailable in offline mode.

9. ACCEPTABLE USE. SECURITY. RESTRICTIONS

9.1. Compliance with requirements

You must use the Services in accordance with applicable regulations and the Documentation.

9.2. Prohibited actions

You are not entitled (nor are You entitled to permit third parties):

• to carry out reverse engineering, decompilation, disassembly or other attempts to obtain the source code (except in cases expressly permitted by mandatory statutory provisions);
• to circumvent, disable or otherwise interfere with protective mechanisms or access-control systems;
• to resell, rent, lease, sublicense, arrange access on a service-bureau basis or otherwise make the Services available to third parties (except for Users acting on Your behalf);
• to use the Services to create or support a competing product or service, or for benchmarking, load testing or penetration testing without the prior written consent of the Reseller and the Rightholder;
• to upload or transmit malicious software or unlawful content, or to use the Services for fraudulent purposes;
• to create excessive load, interfere with the operation of the Services or attempt to gain unauthorized access;
• to remove or obscure proprietary-rights notices;
• to use the Services in high-risk environments where failure could lead to death or harm to health.

9.3. Use of Syrve trademarks

Unless the Rightholder expressly permits otherwise in writing, You undertake:

• not to register, use or adopt any names, trademarks, domain names, social-media accounts or other designations that contain part of the Syrve marks or are confusingly similar to them (including translations and transliterations);
• to use the Syrve trademarks / logos only in the form provided by Syrve, solely for the purposes expressly stated by Syrve and only in accordance with the Agreement under these Terms;
• not to modify, animate, distort, obscure or combine the Syrve trademarks / logos with other symbols, words, images or design elements;
• to remedy without delay any improper use of the Syrve trademarks / logos upon notice from the Rightholder or the Reseller.

9.4. Client's responsibility

You are responsible for all actions taken using Your accounts, as well as for ensuring compliance with the requirements of these Terms by all Users.

9.5. Verification. Suspension in case of breaches

The Rightholder and/or the Reseller have the right to carry out a check in case of suspicion of improper use of the Services. If the Rightholder and/or the Reseller reasonably believes that You have breached this Section 9 or created a security or compliance risk, the Rightholder and/or the Reseller have the right to suspend access (in whole or in part) until the breach is remedied and/or terminate the Agreement under these Terms in accordance with Section 13.

10. HARDWARE REQUIREMENTS

10.1. Supported hardware

You must use Hardware that meets the minimum technical characteristics and compatibility requirements set out in Schedule D and/or the Rightholder's Documentation.

10.2. Unsupported or improperly configured hardware

The Reseller does not warrant and is not liable for operational problems caused by the use of unsupported, insufficient or improperly configured Hardware (including requirements regarding power supply and uninterruptible power supply (UPS) devices).

10.3. Offline mode

Where offline operation is supported, the Client must ensure regular data synchronization and proper closing of cash-register shifts in accordance with the Documentation.

10.4. Compatibility of peripheral devices

Printers, scanners, terminals, cash drawers and other peripheral devices must be compatible in accordance with Schedule D and/or the Documentation. The Reseller does not warrant the proper operation of third-party equipment.

11. SUPPORT; MAINTENANCE; CHANGES

11.1. Support

Technical support is provided in accordance with the Support Policy (Schedule C). The target response-time indicators are indicative and do not constitute guaranteed obligations.

11.2. Maintenance; updates

The Rightholder has the right to release updates, patches and changes to the Services (including changes relating to security, regulatory compliance and performance). The Rightholder and/or the Reseller also have the right to carry out scheduled technical work and to use commercially reasonable efforts to provide advance notice, where practicable, and to minimize interruptions in operation — taking into account Schedule A.

11.3. No warranty of future functionality

You acknowledge that You acquire the Services on the basis of their current functionality and do not rely on any future features or product roadmap, unless otherwise expressly established in a signed Offer.

12. FEES. INVOICING. TAXES

12.1. Fees (general provisions)

The Software and Services are provided under these Terms for consideration in the form of the relevant Fees.

The applicable Fees, the scope of the Services (including the number of locations, terminals, users and/or connected accounts), and the term of provision of the Services/Software to the Client are established in the applicable Offer.

Payment of the relevant proforma invoice / invoice (in accordance with the applicable Offer) is a mandatory precondition for the provision of the SYRVE Services/Software and for granting access to them.

Except in cases expressly provided for in these Terms (including Service Credits under Schedule A), the Fees are non-refundable and cannot be cancelled.

The Client may use the Services under the Fixed-Fee Subscription Model — a fixed periodic subscription (monthly / annual or another as stated in the Offer), which is invoiced in advance and paid in accordance with clauses 12.2.–12.6. of these Terms.

12.2. Standard prices

The standard SYRVE rates are established by the Rightholder and published on its website, and the Reseller also publishes them on a dedicated page (https://syrve.itmathics.rs/#prices) with the SYRVE rates (with periodic updates). Unless otherwise agreed between the Client and the Reseller (as reflected in the Offer), the applicable fixed subscription rates are communicated to the Client in advance and stated in the relevant Offer (which is deemed to include a proforma invoice).

12.3. Payment currency

Prices are expressed in euros. Proforma invoices and invoices issued by the Reseller are expressed in dinars (RSD), whereby the conversion of prices is carried out at the rate of RSD 118.00 per EUR 1 (one). Payment is made solely in dinars (RSD).

12.4. Method of delivering proforma invoices

The Reseller must deliver proforma invoices for payment of the Services and/or the license to Clients no later than the 20th (twentieth) day of the month preceding the month for which payment is made. Proforma invoices are delivered electronically to the Client's email address, whereby such delivery is deemed duly effected on the day the electronic message is sent.

12.5. Method of delivering and receiving payment documents

For Clients using the electronic invoicing system (SEF), invoices and other documents relating to the calculation and collection of the fee for the Services and/or licenses are delivered via SEF, whereby such method of delivery is deemed proper, valid and sufficient for all purposes of the Agreement under these Terms.

The Client must regularly check SEF and process the received documents within the time limits established by the applicable regulations of the Republic of Serbia.

For Clients not using SEF, invoices and other documents relating to the calculation and collection of the fee for the Services and/or licenses are delivered electronically to the Client's email address, whereby such delivery is deemed duly effected on the day the electronic message is sent.

Clients must, without delay, accept electronic invoices delivered via the electronic invoicing system (SEF), and receive, check and process documents delivered by email in accordance with these Terms. If an invoice addressed to the Client is correct, regardless of the method of sending, the Client must accept it within the statutory time limit or, within the same period, submit written reasoned objections against its acceptance. The Client may not invoke, as a ground for non-performance of its obligations, the fact that it did not accept, check or review duly delivered documents.

12.6. Payment deadlines

The Client must make payment on the received proforma invoice / invoice within 5 (five) days from the date of its delivery, but in any case no later than the 30th (thirtieth) day of the current month.

If the Client fails to make timely payment in accordance with the preceding paragraph, the Reseller does not guarantee the continuity of the provision of the Service and/or use of the Software and reserves the right, without any liability for damage or interruption of the Client's business, to suspend or restrict the provision of the Service and/or the use of licenses until the Client fully settles all financial obligations.

12.7. Taxes

The standard Syrve rates, established by the Rightholder and published on its website, as well as published by the Reseller on a dedicated page (https://syrve.itmathics.rs/#prices), do not include VAT or any other applicable taxes, duties, levies or similar mandatory public charges.

The Client undertakes to pay all applicable taxes on top of the rates, and to provide valid tax details (for example, the VAT-payer PIB) and/or other supporting documents that the Reseller reasonably requests.

The Client is solely responsible for all tax consequences that may arise in connection with the conclusion, performance or termination of the Agreement under these Terms. The Reseller does not provide tax, accounting or financial advice and is not liable for the determination, calculation, reporting or payment of any taxes, contributions or other public charges chargeable to the Client. The Client undertakes to obtain, where necessary, independent professional tax or accounting advice.

12.8. Late payment; suspension of access

If any Fees or other amounts owed under these Terms are not paid within the established period, the Reseller has the right (without prejudice to any other rights and remedies):

• to charge late-payment interest, namely: in the event of the Client's delay in paying the Fees, the Client must, upon the Reseller's request, pay contractual interest at the rate of 0.1% (zero point one percent) of the amount of the debt for each day of delay, but no more than 10% of the amount of the debt. The Client must pay the contractual interest within 5 (five) business days from the date of receipt of the Reseller's notice.

The Reseller is entitled to contractual interest regardless of whether it has suffered any damage as a result of the Client's delay.

If the damage suffered by the Reseller as a result of the Client's delay exceeds the amount it would receive on the basis of contractual interest, the Reseller has the right to claim the difference up to full compensation of the damage.

Payment of contractual interest does not release the Client from the obligation to pay the principal debt on the Fees.

• to reimbursement of the costs of collecting the amount owed in accordance with applicable regulations, including, but not limited to, the costs of legal services and court costs;
• to suspend access to the Services (in whole or in part) until full payment of all due unpaid amounts.

The Reseller and/or the Rightholder also have the right to suspend access in cases where required by regulations, where use by the Client creates a security risk, a regulatory non-compliance risk or legal risks, or where suspension is permitted by these Terms.

12.9. Offsetting the Client's payments against earlier due obligations

If the Client has a due unsettled debt to the Reseller on any payment ground, including a debt for previous billing periods and/or a due debt with accrued interest, the Reseller has the right to allocate any payment received from the Client to the settlement of such due debt, regardless of the purpose of payment stated by the Client in the payment order.

If the Client does not state in the payment order to which invoice, proforma invoice or other obligation the payment relates, the Reseller has the right, at its own discretion and without prior notice to the Client, to apply such payment to the settlement of due claims, starting with the oldest due claim.

12.10. Statement of open items (IOS form)

Each Party has the right to deliver to the other Party a Statement of Open Items (IOS form). The Party that has received the Statement of Open Items (IOS form) must ensure that it is signed by an authorized person within 5 (five) business days from the moment the Statement of Open Items is sent to the Client by email, or, within the same period, submit a written reasoned refusal to sign. If the Party that has received the document fails to deliver to the other Party either a signed Statement of Open Items or a reasoned refusal to sign it, the Statement of Open Items (IOS form) will be deemed duly signed by both Parties and to have full legal force and evidentiary value.

12.11. Relations with the Payment Services Provider. No payment services by the Reseller

The Reseller does not provide card-acceptance, settlement, electronic-money issuance or other regulated payment services.

All matters relating to the provision of payment services (including connection / verification, payment processing, settlement deadlines, chargeback requests, refunds and disputes within the payment-services relationship) are governed by the Payment Services Agreement and the payment-service procedures.

The Reseller is not a payment services provider within the meaning of the Law on Payment Services ("Official Gazette of the RS", Nos. 139/2014, 44/2018 and 64/2024), is not a party to the Payment Services Agreement, and is not liable for the provision of payment services, the availability of services, or the acts / omissions of the payment services provider.

13. TERM. RENEWAL OF SERVICES. SUSPENSION. TERMINATION

13.1. Term and minimum commitment

The Agreement under these Terms takes effect upon acceptance (taking into account clause 1.2.) and remains in force during the initial minimum commitment period (one month or one year from the day of the first provision / activation of the Services for the Client under the first Offer, depending on the selected standard SYRVE rate).

Upon expiry of the term of provision of the Services/Software, access to them ceases.

13.2. Renewal of the Services

The Client has the right to renew the use of the Services/Software. For renewal, the Client must notify the Reseller in writing in accordance with section 20 of these Terms no later than 5 (five) business days before the expiry of the current term of use. If the notice is given later, the Reseller is not liable for the continuity of use of the Services, since in that case the use of the Services/Software may not be renewed, and a new activation of the Services will then be required.

The new term of use of the Services is equal to the initial term, and the renewal price is established in accordance with clause 12.2. of these Terms at the time of renewal.

13.3. Early termination by the Client

The Client has the right to terminate the Agreement under these Terms at its own discretion, by delivering to the Reseller a written notice at least 14 (fourteen) calendar days before the date of termination.

The Fees accrued up to the day of actual cessation, as well as the Fees owed under the Fixed-Fee Subscription Model, are subject to neither modification nor refund.

13.4. Termination for breach

Each Party has the right to terminate the Agreement under these Terms with immediate effect, by written notice, if the other Party:

• materially breaches the provisions of the Agreement and fails to remedy such breach within 30 (thirty) days from the date of receipt of the notice (or 10 (ten) days — in the case of non-payment); or
• becomes unable to pay, is subject to liquidation or bankruptcy proceedings, or another collective creditor-satisfaction proceeding, or ceases to conduct its activity.

13.5. Suspension / termination by the Reseller / Rightholder

The Reseller and/or the Rightholder have the right to suspend or terminate access (in whole or in part) with immediate effect if:

• the Fees are in arrears;
• use by the Client creates a security risk, interferes with the operation of the Services or creates legal risks;
• the Client breaches the provisions of Section 9; or
• the Reseller and/or the Rightholder are required to do so in accordance with applicable regulations or by order of a competent authority.

13.6. Termination by the Reseller / Rightholder (at own discretion; grounds for immediate cessation)

The Reseller / Rightholder has the right to terminate the Agreement under these Terms at its own discretion, by delivering to the Client a written notice at least 1 (one) month before the date of cessation.

This does not affect the Client's obligation to pay all Fees accrued up to the day of actual cessation. If the Client has prepaid fixed Fees for a period after the date of cessation (and the termination is not a consequence of the Client's breach), the Reseller refunds or credits the unused portion pro rata, after receiving the corresponding refund from the Rightholder.

The Reseller / Rightholder has the right to terminate the Agreement under these Terms in writing with immediate effect, without prior notice and without any liability to the Client, if the Reseller / Rightholder reasonably believes that the Client:

• is suspected of involvement in unlawful activities, money laundering, terrorism financing, breach of the sanctions regime or fraud;
• is highly likely to be involved in bankruptcy proceedings or declared unable to pay, has obtained a moratorium on the satisfaction of creditors' claims, ceased to conduct its activity or been liquidated;
• provides goods or services that, in the reasonable opinion of the Reseller / Rightholder, violate the regulations of the state in which they are offered or from which they are provided;
• has failed to perform its obligations under the Agreement under these Terms or applicable regulations after a written notice of breach has been given (where remedying the breach is objectively possible).

13.7. Consequences of termination

Upon termination of the Agreement under these Terms:

• all granted licenses cease to be valid immediately;
• You must cease using the Services;
• all outstanding Fees become immediately payable (including all amounts owed for the remaining part of the current minimum commitment period and/or all contractual penalties, if applicable);
• subject to settlement of all debts and provided that it is not prohibited by law or associated with a security risk, the Reseller / Rightholder enables the Client to export the Merchant Data and Customer Data within 30 (thirty) days, after which the Reseller / Rightholder has the right to delete such data in accordance with Schedule B and the data-retention policies. The data is made available for export in standard formats (for example, .csv or .json, if applicable).

14. REPRESENTATIONS. WARRANTIES. DISCLAIMER

14.1. Mutual authority

Each Party represents that it is duly established and authorized to conclude the Agreement in accordance with these Terms.

14.2. Client's representations

You represent and warrant that:

• You will use the Services solely for lawful business purposes;
• You hold all necessary rights in the Merchant Data and Customer Data and have the right to grant the data-processing rights set out in clause 7.4.;
• You will comply with the applicable regulations relating to Your activity (including tax, labor, cash-register and consumer regulations);
• You will implement appropriate policies and organizational and technical measures to protect data and access credentials.

14.3. Limited warranty

The Rightholder warrants that, during the term of the Agreement, the Services will materially conform to the Documentation under normal use.

The sole remedy in the event of a breach of this warranty is the taking of commercially reasonable measures by the Rightholder and the Reseller to remedy the non-conformity.

14.4. Warranty exclusions

The Rightholder and the Reseller do not warrant that:

• the Services will operate without interruption, error-free or fully securely;
• the Services will meet all of the Client's business requirements;
• defects caused by third-party services, Your environment, connection, equipment or unauthorized use will be remedied.

14.5. Disclaimer of warranties

Except as expressly provided in these Terms, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable regulations, the Rightholder and the Reseller disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

14.6. Beta / test features

Beta or test features are provided on an "AS IS" basis, may be changed or disabled at any time, and are not subject to SLA obligations.

15. CONFIDENTIALITY

15.1. Confidential Information

Confidential Information means all non-public information of a confidential or business nature that one Party discloses to the other Party in oral, written or electronic form, including prices, security information, as well as Merchant Data / Customer Data.

15.2. Obligations

The Party receiving the information must:

• use the Confidential Information solely for the purpose of exercising rights and performing obligations under the concluded Agreement;
• grant access to such information only to those employees, affiliates and contractors who need it for their work and who are bound by confidentiality obligations no less strict than those provided for in these Terms;
• protect the Confidential Information by applying at least a reasonable degree of care.

15.3. Exceptions

Confidential Information does not include data that:

• is publicly available without a breach of these Terms;
• was independently developed without the use of Confidential Information;
• or was lawfully obtained from a third party without a confidentiality obligation.

15.4. Disclosure upon request

Disclosure of Confidential Information is permitted where required by law or a competent authority, provided that the Party receiving the information (where legally permitted) first notifies the other Party and provides assistance in applying information-protection measures.

16. DATA PROTECTION. SECURITY

16.1. Roles of the Parties

With respect to the Personal Data processed within the Services, You act in the role of Controller, and the Reseller in the role of Processor, as set out in Schedule B.

16.2. Incorporation of the DPA

The Data Processing Addendum contained in Schedule B forms an integral part of these Terms and establishes the Parties' obligations in the area of data protection, including the data-processing requirements of Article 28(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and the Law on Personal Data Protection ("Official Gazette of the RS", No. 87/2018).

16.3. Security measures

Each Party must implement appropriate technical and organizational measures to protect the Personal Data. The Reseller's basic security measures are described in Schedule B.

17. INDEMNIFICATION AND DEFENSE

17.1. Indemnification regarding Syrve intellectual property

The Reseller undertakes to defend You against all third-party claims alleging that the Services (except third-party services, and any adaptations or Client data) infringe the intellectual property rights of third parties, and to indemnify You for damages finally awarded by a court and reasonable costs, subject to the following conditions:

• You notify the Reseller of the relevant claim in writing without delay;
• You give the Reseller sole control over the defense and settlement of the dispute (whereby the Reseller has no right to enter into a settlement that admits liability on Your behalf or imposes obligations on You without Your written consent, which may not be unreasonably withheld);
• You provide reasonable assistance at the Reseller's expense.

If such a claim is likely to be brought, the Reseller has the right, at its own discretion, to:

• secure for You the right of continued use of the Services;
• modify or replace the Services so that they do not infringe the rights of third parties;
• terminate the agreement with respect to the affected services and make a pro-rata refund of prepaid Fees for the unused period.

This clause 17.1. sets out the entire liability of the Reseller and constitutes Your sole remedy in the event of a claim for infringement of intellectual property rights in respect of the Syrve Services and Software.

17.2. Exceptions

Neither the Reseller nor the Rightholder has any obligation under clause 17.1. to the extent that the claim arose as a result of:

• use in combination with third-party services or products not belonging to Syrve;
• Your breach of these Terms or use of the Services outside the Documentation / agreed scope;
• modifications not made by the Reseller;
• infringement of intellectual property rights in respect of the Merchant Data / Customer Data.

17.3. Indemnification and defense by the Client

You undertake to defend the Rightholder / Reseller against all third-party claims arising out of or in connection with:

• the Merchant Data / Customer Data (including allegations that such data infringes the rights of third parties or regulations);
• Your goods / services, menus, prices, order fulfillment, refunds and communication with customers;
• Your breach of the Agreement under these Terms or of applicable regulations;
• the use of third-party services,

and to indemnify the Rightholder / Reseller for finally awarded damages and reasonable costs, provided that the Rightholder / Reseller fulfills notification and assistance obligations substantially similar to clause 17.1 (a)–(c).

18. LIMITATION OF LIABILITY

18.1. Excluded damages

To the maximum extent permitted by applicable regulations, neither Party will be liable for lost profit, revenue, business opportunities, business goodwill, anticipated savings, or for any indirect, incidental, consequential or special damage.

18.2. Liability cap

Taking into account clauses 18.3. and 18.4., the total liability of the Reseller under these Terms (regardless of the basis — contract, tort, negligence or otherwise) is limited to the total amount of Fees actually paid by You to the Reseller for the Services during the 6 (six) months preceding the event that gave rise to the liability (or, if the period of use of the Services is shorter than 6 months — for the actual shorter period).

For the avoidance of doubt, Fees within the meaning of this clause do not include payment for the services of payment services providers.

In addition, the Client expressly acknowledges and agrees that it bears sole responsibility for the daily verification of the correct fiscal closing and transmission of fiscal data, whereby the Reseller acts solely as a technical service provider.

18.3. Liability that cannot be excluded

Nothing in these Terms limits liability for:

• death or harm to health due to negligence;
• fraud or knowing misrepresentation;
• any liability that cannot be limited or excluded in accordance with applicable regulations.

18.4. SLA Remedy

Without prejudice to the provisions of Schedule A, if a claim relates to breaches of the availability of the Services, the Parties agree that the Service Credits are intended to compensate for such breaches and constitute Your sole and exclusive remedy in respect of availability-related SLA breaches, subject to the conditions of Schedule A.

18.5. Time limit for bringing claims

Any claim against the Reseller arising out of or in connection with these Terms lapses upon the expiry of 3 (three) months from the moment You became aware, or reasonably should have become aware, of the event that served as the basis for such claim, unless the Reseller has expressly acknowledged such claim in writing.

19. FORCE MAJEURE

19.1. Neither Party is liable for non-performance or delay in the performance of obligations caused by circumstances beyond the reasonable control of the Party (including natural disasters, war, terrorism, civil unrest, strikes, epidemics / pandemics, interruptions in the operation of utility services or the internet, acts of state authorities, or outages at the hosting provider not caused by the relevant Party).

The Party affected by such circumstances must (where reasonably possible) notify the other Party without delay, take reasonable measures to minimize the consequences, and resume performance of its obligations as soon as possible.

Force majeure does not release from the obligation to pay Fees accrued before the occurrence of such circumstances, nor does it release from paying Fees accrued for Services that still remain available.

If force majeure lasts more than 60 (sixty) days, each Party has the right to terminate the Agreement under these Terms by written notice.

20. NOTICES

20.1. Form of notice

Any notice, consent, confirmation, request, proforma invoice, invoice or other communication or information (hereinafter: a "Notice") required or permitted by these Terms must be given in writing and may be delivered in person, by courier service, by post or by email.

20.2. Moment of receipt

Notices are deemed received:

• upon delivery by courier service, post or in person — at the moment of handover;
• upon sending by email — at the moment of sending, in the absence of a non-delivery message (bounce-back / undeliverable).

20.3. Addresses

Notices addressed to the Reseller are delivered to the following details:

ITMATHICS DOO BEOGRAD-ZVEZDARA

Dalmatinska 115, 11120 Beograd

Email: syrve@itmathics.rs

Notices addressed to You, the Client, are delivered to the contact details stated in the APR or in the Offer.

20.4. Possibility of using electronic means of communication

The Parties agree that, in accordance with the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business, the Agreement under these Terms may be concluded in electronic form, and that the Parties may exchange all Notices in electronic form in the course of performing their obligations. In that case, such Agreement, as well as the validity and legal effect of the Notices given, may not be challenged as invalid solely because they were concluded/given in electronic form.

If the Parties exchange scanned copies of documents (agreements, annexes, complaints, official letters, invoices, etc.) in electronic form, such documents have the same legal force as documents in paper form.

From the moment these Terms take effect, as defined in clause 1.2., the Parties undertake:

• to ensure continuous and timely responses to the other Party's electronic messages and analysis of received documents within the time limits established by these Terms;
• to inform their employees that any documentation sent to the email addresses stated in clause 20.3. constitutes an official letter and may be used as evidence before a court of any jurisdiction;
• to conduct electronic correspondence solely through authorized and competent persons.

The Parties do not waive the right to deliver documents by any legally permitted means that reliably prove delivery and receipt (or refusal of receipt).

21. GOVERNING LAW AND JURISDICTION

21.1. Governing law

This Agreement and all disputes arising out of or in connection with it are governed by and construed in accordance with the law of the Republic of Serbia.

Notwithstanding the foregoing, the scope of warranties, functionality, limitations of liability and other obligations of the Reseller may not exceed the scope of the obligations assumed by the Rightholder in respect of the relevant Services and Software.

21.2. Out-of-court dispute resolution

The Parties undertake to attempt to resolve all disputes and disagreements arising out of or in connection with this Agreement through negotiations. Each party that has a claim, objection or demand must first notify the other party thereof before filing a lawsuit with the Commercial Court in Belgrade. The party that has received the objection must, without delay, establish contact and take measures to resolve the dispute.

21.3. Jurisdiction

If the Parties fail to reach agreement within 30 (thirty) days from the date of receipt of the objection, all disputes and disagreements will be finally resolved before the Commercial Court in Belgrade, except in cases where the Rightholder has the right to seek interim measures or other means of judicial protection in any jurisdiction to protect its intellectual property rights or confidential information.

21.4. Reimbursement of court costs

In the event of court or other proceedings, the party that has prevailed in the dispute has the right to reimbursement of all documented and reasonably incurred costs of legal assistance.

22. GENERAL PROVISIONS

22.1. Entire agreement

This Agreement (including the Schedules and Offers) constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior arrangements, correspondence and agreements on this subject.

22.2. Assignment of rights

You have no right to assign or transfer Your rights and obligations under this Agreement without the prior written consent of the Reseller.

The Reseller has the right to assign its rights and obligations to a third party or a legal successor.

22.3. Subcontractors

The Reseller has the right to engage subcontractors (including hosting providers) to perform its obligations under the Agreement, while remaining responsible for their actions within the limits provided for in this Agreement and Schedule B.

22.4. Partial invalidity of provisions

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions retain their force and validity.

22.5. Amendment of the terms

The Reseller has the right to update these Terms from time to time, with notice to the Client at least 1 (one) month before the amendments take effect (including notice by email).

Unless otherwise stated in the Reseller's notice:

• the amendments take effect upon expiry of the one-month period and apply to all renewed periods and/or to all new Offers accepted after the date the amendments take effect; and
• amendments necessary for compliance with applicable regulations or aimed at ensuring security, preventing fraud or operational resilience (including other justified reasons) may take effect earlier, where reasonably necessary.

If the Client does not agree with the amendments, it has the right not to renew the Services, so that the Agreement ceases to be in force upon expiry of the current term of provision of the Services/Software.

All Fees accrued up to the moment of cessation become payable.

22.7. Electronic acceptance and conclusion of the agreement

Each Party agrees that the Agreement under these Terms, as well as all supplementary agreements (including, without limitation, Offers), amendments and documents relating to the Services, may be concluded and accepted in electronic form, in accordance with clause 20.4.

The Parties acknowledge that electronic acceptance of this Agreement, including acceptance via "click-through" or other electronic-consent mechanisms, constitutes a valid signature, has legal effect, is binding for performance, and is equivalent to a handwritten signature.

Each Party undertakes not to challenge the validity or enforceability of this Agreement concluded in electronic form on the basis of legal provisions requiring written form or a handwritten signature.

22.8. Survival of provisions

The termination or expiry of this Agreement (for any reason) does not affect:

• any rights, remedies, obligations or liabilities of either Party arising up to and including the date of termination or expiry; and
• any obligations that, by their nature and content, are to survive the termination or expiry of the Agreement.

Without limiting the generality of the foregoing, the following survive termination or expiry:

• all obligations to pay Fees and other amounts, including accrued or due amounts (including Fees for the remaining period of the current minimum commitment, as well as, where applicable, accrued contractual penalties);
• the provisions governing intellectual property rights and rights in data;
• confidentiality obligations;
• data-protection obligations (to the extent they continue to apply after termination, including retention, deletion and return / export of data);
• disclaimers of warranties, exclusions and limitations of liability, provisions on indemnification and defense against third-party claims, as well as all contractual limitation periods;
• governing law and jurisdiction, as well as other general provisions necessary for the interpretation and enforcement of the Agreement under these Terms.

SCHEDULE A – SERVICE LEVEL AGREEMENT (SLA)

A1. Interpretation and definitions

Capitalized terms not defined in this Schedule have the meanings set out in the main body of the Terms.

For the purposes of this Schedule:

• "Core Services" — Services hosted in a production environment that are expressly stated in the Documentation and/or the applicable Offer as covered by SLA measurement, excluding all third-party services, as well as features designated as beta, test or not intended for production use.
• "Downtime" — the total number of minutes in a calendar month during which the Core Services are unavailable for use by the Client due to a failure of the Syrve system, as determined by Syrve monitoring tools, excluding cases of Excluded Unavailability under clause A5.
• "Monthly Availability Percentage" —

((Total number of minutes in the month − Downtime) ÷ Total number of minutes in the month) × 100

• "Service Credits" — compensation calculated in accordance with clause A3 and applied in accordance with clause A4, subject to the limitations of clauses A5–A7. Service Credits are not subject to monetary refund.
• "Total number of minutes in the month" — the actual number of minutes in the relevant calendar month (taking into account the number of days in the month).

A2. Availability obligation

The Rightholder and the Reseller use commercially reasonable efforts to ensure a Monthly Availability Percentage of 99.8% for the Core Services (excluding Excluded Unavailability under clause A5).

The availability obligation is measured per calendar month, unless otherwise stated in the applicable Offer.

A3. Service Credits

If the Syrve Services/Software fail to reach the mandatory availability level in the relevant calendar month, provided that the Client complies with these Terms, the Client may be entitled to Service Credits in accordance with clause A4, calculated on the basis of the Monthly Availability Percentage for the given month.

The amount of the Service Credit is:

• < 99.8% and ≥ 99.0%: a credit in the amount of 3 (three) days of the relevant fixed subscription;
• < 99.0% and ≥ 97.0%: a credit in the amount of 7 (seven) days of the relevant fixed subscription;
• < 97.0%: a credit in the amount of 15 (fifteen) days of the relevant fixed subscription.

Application:

• if the Client pays for the services in advance for a Billing Period, the credits are applied as an extension of the paid term or as a credit note against the next invoice (at the Reseller's discretion); and
• if the Client pays monthly, the credits are applied as a credit note against the next invoice (or, if the Agreement has terminated before the moment of application, the right to the credit is lost, except in cases where otherwise expressly provided by applicable regulations).

A4. Procedure for submitting a claim for credits

In order to exercise the right to Service Credits, the Client must notify the Reseller no later than 25 (twenty-five) days from the moment the right to them arises, by submitting a written claim through the communication channels stated in Schedule C, specifying:

• the Client's identification details;
• the date and time of the reported failure, the affected locations / modules, a description of the consequences, and reasonable supporting data and evidence.

If the claim is not submitted within the said period, the Client loses the right to the relevant Service Credits.

Service Credits are granted only provided that:

• the Client is not in material breach of these Terms; and
• all undisputed payments have been made on time.

A5. Exceptions

Service Credits are not granted, and downtime is not counted, if it is caused by:

• scheduled or urgent technical maintenance in accordance with clause A6;
• beta or test features;
• third-party services and equipment, including outages at Payment Services Providers or problems with connection / settlement through Payment Services Providers;
• the Client's equipment, network infrastructure, outages at the internet provider, incorrect configuration, an unsupported environment, or acts/omissions of the Client or its employees, including, without limitation, breach of these Terms by the Client, non-payment or suspension of access in accordance with these Terms;
• circumstances of Force Majeure.

A6. Technical maintenance (Maintenance)

The Rightholder and the Reseller have the right to carry out scheduled technical work that may affect the availability of the Services. The Rightholder and the Reseller will use commercially reasonable efforts to notify the Client, where practicable.

Urgent technical maintenance may be carried out without prior notice, where necessary to ensure the security, integrity or stability of the system.

A7. Sole and exclusive remedy

The Service Credits under this Schedule constitute the Client's sole and exclusive remedy in the event of failure to meet the availability obligation, without prejudice to any inalienable rights provided for by mandatory legal provisions.

SCHEDULE B – DATA PROCESSING AGREEMENT (DPA)

B1. Scope and roles of the parties

This Schedule applies to the extent that the Rightholder and the Reseller process Personal Data on behalf of the Client in the course of providing the Services.

The Client is the Controller of the Personal Data processed through the Services, and the Rightholder and the Reseller are Processors, unless otherwise follows from the actual allocation of roles in accordance with the applicable data-protection regulations.

B2. Processing parameters

Subject matter of processing: provision of the Services, including hosting, support, maintenance, ensuring security, analytics (including aggregated data) and resolution of incidents.

Duration of processing: throughout the entire term of the Agreement under these Terms, established in section 13, as well as during all retention periods provided for by applicable regulations or otherwise permitted by these Terms — including the data export / deletion period provided for by the Terms.

Categories of data subjects: employees / users of the Client; customers / guests of the Client (to the extent that the data is entered into the system); suppliers, contacts and other natural persons whose data is processed through the Services in accordance with the Client's settings (if any).

Categories of personal data (indicatively, depending on the Client's configuration and input):

• data of employees / users: name, email, phone, role / access rights, work schedules, identifiers entered by the Client, as well as operational logs;
• data of customers / guests: name, phone, email, order / transaction data, address / delivery, reservations, order history, preferences / notes entered by the Client;
• technical and user data: device identifiers, login / access logs, audit logs.

The Client independently determines which Personal Data is uploaded or configured in the system and bears responsibility for data minimization and the lawfulness of its processing.

Special categories of data: not intended for processing, except in cases where the Client knowingly enters such data and has a lawful basis for its processing.

B3. Obligations of the Client as Controller

The Client independently determines the composition of the Personal Data uploaded or used in the Services and bears responsibility for data minimization, the existence of a lawful basis for processing, compliance with transparency requirements, and for handling requests of data subjects, in the capacity of Controller.

If, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and/or the Law on Personal Data Protection ("Official Gazette of the RS", No. 87/2018), it is necessary to notify third parties of the processing of their personal data (for example, the Client's employees, guests, suppliers) and/or obtain their written consent to such processing, the Client independently fulfills this obligation.

B4. Obligations of the Rightholder and the Reseller as Processors

The Rightholder / Reseller undertake to:

• process the Personal Data solely on the basis of the Client's documented instructions (including the configuration and use of the Services), except in cases where processing is mandatory by law (in which case the Rightholder / Reseller notifies the Client, if not prohibited by law);
• ensure that persons authorized to process the Personal Data are bound by confidentiality obligations;
• implement appropriate technical and organizational measures ensuring a level of protection corresponding to the risks of processing;
• taking into account the nature of the processing, provide the Client with reasonable assistance in handling requests of data subjects and requests of supervisory authorities, with reimbursement of reasonable costs, where permitted;
• notify the Client without undue delay after the Rightholder / Reseller becomes aware of a breach of the security of Personal Data affecting such data, and provide available information reasonably necessary to fulfill the Client's obligations;
• upon termination or expiry of the Agreement under these Terms — delete or return the Personal Data at the Client's choice, taking into account the requirements of applicable regulations and subject to any agreed data export / retrieval period in accordance with clause 13.7.; and
• provide information reasonably necessary to confirm compliance with this Schedule, in accordance with clause B8.

B5. Sub-processors

The Client grants the Rightholder and the Reseller a general authorization to engage sub-processors, provided that written agreements are concluded with them containing data-protection obligations no less strict than those in this Schedule, while the Rightholder / Reseller retains responsibility for their acts and omissions.

B6. International data transfer

Any transfer of personal data to the Rightholder or its affiliates located in the European Union will be carried out in full compliance with Chapter V of the GDPR.

The Rightholder is registered in the European Union and is subject to the provisions of the GDPR ensuring an adequate level of protection.

The transfer of personal data to third countries outside the EU/EEA is not carried out without the appropriate safeguards provided for by the GDPR.

B7. Security measures

The Rightholder and the Reseller maintain basic security measures corresponding to the nature of the Services, which may include (depending on applicability): access control, the principle of least privilege, encryption of data in transit, logging / monitoring, backups, vulnerability management and incident-response procedures.

Additional information may be provided in the Documentation and/or upon reasonable request, subject to security requirements.

B8. Audit and confirmation of compliance

To the extent required by applicable data-protection regulations, the Rightholder and the Reseller provide reasonable information to confirm compliance with the requirements and permit audits to be carried out, subject to the following conditions:

• written notice at least 30 (thirty) days in advance;
• agreement on the scope and parameters of the audit on a reasonable basis;
• conducting the audit during business hours and no more than once per calendar year (unless a competent authority requires otherwise);
• observance of the confidentiality and security requirements of the Rightholder/Reseller and other clients;
• conducting the audit by an independent third party that is not a competitor of the Rightholder/Reseller and is bound by confidentiality obligations;
• the Rightholder/Reseller has the right, instead of an audit, to provide current independent security / compliance reports, where available and sufficient.

The audit is conducted at the Client's expense, unless otherwise provided by law and unless otherwise specifically agreed.

SCHEDULE C – SUPPORT POLICY

C1. Support channels

Support is provided through the following communication channels:

• client chat in the Telegram application;
• tasks/comments in the Bitrix24 task-management system;
• the provider's email address: syrve@itmathics.rs.

C2. Working hours

Standard support working hours: Business Days, from 09:00 to 17:00 Serbian time, unless extended support has been purchased on the basis of an additional Offer / relevant agreement.

C3. Criticality levels and target first-response time

The Reseller uses commercially reasonable efforts to meet the following target first-response times within standard support working hours:

Severity 1 (Critical): complete failure of the Core Services for basic POS operations (inability to accept payments from guests and visitors) — target first response: 2 hours.

Requests received outside standard support working hours are deemed received at the beginning of the next business day, unless extended support has been purchased.

The Reseller has the right to reasonably change the criticality classification depending on the impact of the incident and the existence of workarounds.

Clarification: the first response means confirmation of receipt of the request and initial classification. Accordingly, the said times represent target first-response times, provided on the basis of commercially reasonable efforts, and do not constitute guaranteed problem-resolution times. They may depend on the load, the complexity of the incident, the need for the Client's participation, and dependencies on third parties / Payment Services Providers. The Reseller does not guarantee the remediation of a failure within specific time frames.

C4. Exceptions

Support does not cover problems caused by:

• the Client's equipment (Hardware);
• third-party services;
• unsupported configurations;
• adaptations not made by Syrve;
• training that goes beyond the scope of standard onboarding, unless purchased under an Offer.

Support also does not cover:

• a material impairment of functionality that nevertheless does not deprive the Client of the ability to accept payments from guests and visitors;
• non-critical common problems;
• questions / inquiries about the Services and how to work with them.

Extended support for all exceptions stated in this clause may be purchased on the basis of an additional Offer / relevant agreement.

C5. Cooperation by the Client

The Client undertakes to provide, in a timely manner, information, logs, steps to reproduce the problem, and remote access (where necessary), subject to confidentiality and data-protection obligations.

SCHEDULE D – HARDWARE AND NETWORK REQUIREMENTS

D1. Internet and local-network requirements

Syrve software products require a stable and reliable connection to the internet and/or the local network for the timely processing of data and reporting. The Client is responsible for ensuring an appropriate connection before installation and for its further maintenance, including the presence of an up-to-date configured firewall.

Recommended internet connection speed (basic level): at least 6 Mbps download and 0.75 Mbps upload, to support up to 3 cash-register devices; larger installations require proportionally higher speeds depending on the scale and load.

The local-network infrastructure (cabling system, switches, WAN router) is the responsibility of the Client and must correspond to the scale of the business and the criticality of the processes.

Use of the Wi-Fi network (tablets / mobile devices): the Client is independently responsible for the setup, configuration and management of the Wi-Fi network, as well as for ensuring coverage and minimizing connection drops. Wi-Fi does not provide the same stability as a wired connection; drops are possible due to coverage, roaming, device power-saving and external factors.

Offline mode

The Software supports offline operation, where provided, however some functions may be unavailable without a connection to the local network or the internet.

Devices that operate in offline mode for extended periods must connect to the internet at least once every 14 (fourteen) days for data synchronization.

All cash-register devices must regularly perform the "Close Cash Shift" operation at least once every 14 (fourteen) days to ensure the proper transmission of data to the server. This periodicity constitutes an internal system operation related to the synchronization of data to the SYRVE servers. The "Close Cash Shift" operation is unrelated to fiscal data transmission, the procedure and periodicity of which are established by the applicable statutory provisions on fiscalization, which the Client is required to know and comply with independently.

The costs of connection, lines and internet traffic are borne by the Client.

D2. Minimum hardware requirements (basic level)

The equipment must meet at least the following requirements (or the updated requirements stated in the Documentation):

POS terminal

• CPU: 2 cores, 4 threads, from 2 GHz, cache 2 MB+
• RAM: 2 GB+ (4 GB recommended)
• Storage: 128 GB (SSD recommended)
• Network: Ethernet 100 Mbps
• Screen: touch-sensitive, 1024×768
• OS: Windows 10 (supported versions) or later / Windows 10 IoT Enterprise (POSReady) or later

KDS terminal (kitchen display)

• CPU: 2 cores, 4 threads, from 2 GHz, cache 2 MB+
• RAM: 2 GB+ (4 GB recommended)
• Storage: 128 GB (SSD recommended)
• Network: Ethernet 100 Mbps
• Screen: 1024×768 or higher (32″ recommended)
• Bump-bar: Bematech KB-1700 or any PS/2-compatible keyboard
• OS: Windows 10 SP1 / Windows Embedded POSReady 10 or later

Printers

Only printers compatible with the Epson TM-88 are supported, unless the Rightholder expressly states otherwise in the Documentation.

D3. Power protection (UPS)

The Rightholder/Reseller is not liable for the integrity of data or interruptions in the operation of the software if the computer on which the Software runs and/or which is connected to the receipt-printing equipment is not connected through an appropriate UPS device (uninterruptible power supply) or if the power supply is unstable.