Terms of Service
CockpitMod d.o.o. | ul. Moskovska 14, 81000 Podgorica, Crna Gora | PIB: 73519284 | Last updated: 1 August 2024
1. Parties and scope
These Terms of Service ("Terms") constitute a legally binding agreement between CockpitMod d.o.o. ("CockpitMod", "we", "us") and the individual or legal entity ("Customer", "you") that purchases, activates or uses any software add-on or subscription service offered through cockpitmod.org (the "Platform"). By placing an order, activating an add-on or accessing your CockpitMod account, you confirm that you have read, understood and agree to be bound by these Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have that authority, or if you do not agree to these Terms, you must not access or use the Platform.
These Terms are governed by the laws of Montenegro, specifically the Law on Obligations (Zakon o obligacionim odnosima) and related commercial legislation. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Osnovni sud u Podgorici.
2. Services provided
CockpitMod provides software-as-a-service (SaaS) add-on modules that extend the functionality of the Dirs21 hotel management system ("Dirs21"). Each add-on module ("Module") is described on its product page on the Platform. CockpitMod does not provide the Dirs21 platform itself and is not responsible for the availability, functionality or terms of the Dirs21 service. Dirs21 is operated by a third party, dirs21 GmbH, which is not affiliated with CockpitMod.
The Modules available through the Platform include but are not limited to: payment routing extensions, corporate rate management tools, channel distribution add-ons, upselling automation, review aggregation, loyalty programme management, audit trail extensions, staff scheduling tools, invoice automation and API gateway functionality. The specific features, limitations and technical requirements of each Module are described on its product page.
3. Account and access
Upon successful payment for a Module subscription, CockpitMod creates a CockpitMod account for the email address provided at checkout. Account access is provided via a passwordless email-link system. You are responsible for the security of the email address associated with your account. You must notify CockpitMod immediately if you suspect unauthorised access to your account by contacting support@cockpitmod.org.
You may invite additional users to access your CockpitMod account with defined permission levels. You are responsible for all actions taken by users you invite. CockpitMod may suspend any account that shows signs of compromise or misuse without prior notice, and will notify the registered email address as soon as practicable.
4. Subscription and billing
All Module subscriptions are billed monthly in EUR. The monthly fee for each Module is as displayed on the Platform at the time of purchase. Fees are not refundable except as specified in the Refund Policy. The first invoice for a new Module is pro-rated from the activation date to the end of the current calendar month. Subsequent invoices cover complete calendar months.
Invoices are generated on the first working day of each month and sent to the email address registered on the account. Payment is due within 14 calendar days of the invoice date by bank transfer to Crnogorska komercijalna banka, IBAN ME25 5520 0000 2345 6789 01. Late payment may result in suspension of access to the affected Module after a 7-day grace period.
CockpitMod reserves the right to change pricing with 60 days notice delivered to the registered email address. Continued use of the Module after the notice period constitutes acceptance of the new price.
5. Cancellation
You may cancel any Module subscription at any time by providing 30 calendar days written notice by email to support@cockpitmod.org or by using the cancellation function in your CockpitMod account dashboard. Cancellation takes effect at the end of the notice period. You will not be charged for any month that begins after the effective cancellation date.
Upon cancellation, your access to the Module is maintained until the end of the paid subscription period. Module-specific data is retained for 30 days after the effective cancellation date, during which you may export it. After 30 days the data is permanently deleted.
6. Dirs21 API dependency
All CockpitMod Modules require a valid, active Dirs21 account with API access enabled. CockpitMod is not responsible for any interruption to Module functionality caused by: changes to the Dirs21 API, suspension or cancellation of the Customer's Dirs21 account, changes to Dirs21 API access permissions, rate limiting imposed by dirs21 GmbH, or any other action or inaction of dirs21 GmbH. In the event of a Dirs21 API change that renders a Module unable to function, CockpitMod will make commercially reasonable efforts to update the Module within 30 calendar days.
7. Intellectual property
All software, documentation, designs and related materials that constitute the CockpitMod Platform and Modules are the intellectual property of CockpitMod d.o.o. or its licensors. No rights are granted to the Customer beyond the right to use the subscribed Modules for the Customer's own internal business operations during the subscription period. The Customer may not reverse-engineer, decompile, copy, redistribute or create derivative works from any CockpitMod software.
The Customer retains full ownership of all hotel data and business information processed by the Modules. CockpitMod does not claim any rights to the Customer's data.
8. Data protection
CockpitMod processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Law on Personal Data Protection of Montenegro. The basis for processing, the categories of data processed, retention periods and data subject rights are described in full in the Privacy Policy available at cockpitmod.org/privacy. A Data Processing Agreement compliant with GDPR Article 28 is available on request.
9. Limitation of liability
To the maximum extent permitted by applicable law, CockpitMod's aggregate liability to the Customer for any claim arising under or in connection with these Terms shall not exceed the total fees paid by the Customer in the 3 calendar months immediately preceding the event giving rise to the claim. CockpitMod shall not be liable for indirect, incidental, consequential, special or exemplary damages, including lost profits, loss of revenue, loss of business or loss of data, whether arising in contract, tort or otherwise, even if CockpitMod has been advised of the possibility of such damages.
10. Warranties and disclaimers
CockpitMod warrants that the Modules will perform materially in accordance with their descriptions during the subscription period. CockpitMod does not warrant that the Modules will be error-free or uninterrupted, or that all defects will be corrected. The Modules are provided "as is" to the extent permitted by applicable law, with no additional warranties express or implied.
11. Governing law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of Montenegro. Any dispute arising from or relating to these Terms that cannot be resolved amicably within 30 calendar days of written notice of the dispute shall be submitted to the exclusive jurisdiction of the Osnovni sud u Podgorici. Notwithstanding the foregoing, CockpitMod reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
12. Changes to these Terms
CockpitMod may update these Terms from time to time. Material changes will be notified to the registered email address with 30 days advance notice. Continued use of any Module after the notice period constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you must cancel your subscriptions before the effective date of the changes.
13. Contact
For questions regarding these Terms contact: CockpitMod d.o.o., ul. Moskovska 14, 81000 Podgorica, Crna Gora. Email: support@cockpitmod.org. Phone: +382 20 201 447.