SmartKartica Service Terms of Use

Version: 2.0
Effective date: April 5, 2026
Last updated: April 5, 2026

These Terms of Use govern access to and the use of SmartKartica, including the website, administrative interfaces, API, digital card issuance and management modules, integrations with Apple Wallet and Google Wallet, communication tools, billing, verification, check processes, webhooks, and other associated functionalities provided by VMTech d.o.o. Beograd.

By creating an account, using the service, paying for a plan, connecting integrations, or otherwise interacting with the platform, you confirm that you have read, understand, and agree to comply with these Terms. If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms.

1. Summary

• SmartKartica provides a SaaS platform for creating, issuing, updating, and managing digital cards and related programs.
• The Client is responsible for the legality of its data, pass content, communications, business logic, and compliance with requirements of Apple, Google, payment providers, and the law.
• VMTech reserves the right to restrict or terminate access, block use cases, pass content, or integrations in case of violation of the law, these Terms, platform requirements, payment rules, or security.
• The platform is provided in a SaaS model; payment, limits, subscription, recurring charges, and other commercial terms are determined by the selected plan, invoice, order form, or separate agreement.
• Apple Wallet and Google Wallet are third-party platforms not controlled by VMTech.

2. Service Provider

The service provider is VMTech d.o.o. Beograd, Matični broj 22069152, PIB 114779614, address: Topalovićeva 4, Zvezdara, 11050 Belgrade, Serbia, e-mail: support@smartkartica.rs, website: https://smartkartica.rs/.

3. Key Definitions

• Service — SmartKartica as a hardware-software SaaS platform, including its website, dashboard, API, integrations, documentation, and related functionalities.
• Client — a legal entity, entrepreneur, or authorized individual using the service for business purposes.
• Account User — an individual whom the Client has granted access to the service.
• End User — a person using a digital card issued through SmartKartica.
• Customer Data — data, content, images, texts, templates, field values, notifications, images, and other information that the Client uploads, creates, imports, transmits via API, or otherwise processes through the service.
• Pass — a digital card, coupon, loyalty program, membership, discount, coupon, ticket, or other supported digital object.

4. Subject of the Terms

VMTech grants the Client a limited, revocable, non-transferable, non-exclusive right to access and use the service solely for the Client’s internal business purposes during the paid or otherwise valid service period and only in accordance with these Terms, documentation, selected plan, and applicable law.

The service may include creating and editing digital cards, issuing pass objects, public onboarding forms, email and SMS verification, wallet delivery, templates, dynamic fields, bonus and discount scenarios, push/update mechanism, projects, client accounting, API, webhook, billing, recurring payment scenarios, legal documents, and other related functions.

5. Registration, Account, and Access Security

The Client must provide accurate data during registration, promptly update it, and not obscure their true affiliation, jurisdiction, status, or nature of service use. The Client is responsible for all actions of users, invited employees, contractors, cashiers, administrators, and other persons acting through their account, accesses, API keys, or infrastructure.

The Client must maintain the confidentiality of logins, passwords, tokens, API keys, and other access means, and immediately notify VMTech in case of a suspected breach. VMTech reserves the right to require confirmation of authority, company ownership, domain rights, or the right to conduct a respective business operation if necessary for security, anti-fraud, legal compliance, or third-party rights protection.

6. Tariffs, Payment, Recurring Charges, and Invoices

The cost of the service, limits, billing cycle, usage-based charges, overages, available features, trials, discounts, and promotional conditions are determined by the selected plan, invoice, order form, commercial offer, or separate contract.

If the Client uses a paid plan or paid features, they agree to timely pay all amounts due in connection with the service usage. In applicable cases, VMTech may utilize a recurring payment flow and automatically charge amounts from saved and valid payment methods as part of the provided consent and applicable payment mechanism.

The Client is responsible for the accuracy of payment data, availability of funds, and the absence of restrictions on the payment method. In case of failed payment, chargeback, dispute, fraud risk, revocation of consent for recurring payment, or delay, VMTech reserves the right to restrict, suspend, or terminate access to the service until the situation is resolved.

Unless required by mandatory law or agreed otherwise in writing, amounts paid are non-refundable for already provided access, consumed usage, performed operations, active tariff period, and already incurred charges. Cancellation of a subscription does not relieve the Client from paying for already rendered services and incurred obligations.

7. Client Data and End-user Data

The Client retains rights to their Customer Data, pass content, texts, images, and other materials uploaded to the service, except for rights VMTech has over the service itself, its code, architecture, documentation, and proprietary developments. The Client grants VMTech a limited right to use Customer Data as needed to provide the service, enforce these Terms, ensure security, comply with the law, and protect rights.

The Client is fully responsible for the legality of Customer Data, rights to use it, lack of infringement on third-party rights, and having a legal basis for processing their end users' data. The Client must independently provide correct privacy notices, terms, marketing disclosures, consents, and other mandatory legal documents for their users and end users.

To the extent the Client determines the purposes and essential means for processing end-users' data, the Client acts as a data controller. VMTech usually acts as a processor in this context, unless otherwise expressly required by law, specific security operations, billing, audit, compliance, or rights protection.

8. Prohibited Data and Content

Without separate written consent and a clear legal basis, the Client is not allowed to upload, store, display, transmit, or process via the service:

• full payment details, CVV/CVC, PIN, complete account numbers, and other sensitive payment authentication information;
• biometric data, medical information, and other special categories of personal data;
• passport, government identifiers, and other sensitive official identifiers without explicit legal necessity;
• content that infringes intellectual property rights, trademarks, trade names, reputation, trade secrets, or other rights of third parties;
• illegal, fraudulent, phishing, deceptive, violent, hateful, discriminatory, pornographic, extremist, or otherwise prohibited content;
• materials related to illegal weapons, drugs, illegal gambling, child exploitation, financial pyramids, fraudulent investment schemes, or other high-risk unlawful categories;
• content that violates the requirements of Apple Wallet, Google Wallet, Google Payments content policies, anti-spam regimes, payment systems, or other applicable regimes.

9. Apple Wallet, Google Wallet, and Third-party Platforms

The use of SmartKartica with Apple Wallet, Google Wallet, and other third-party platforms is only allowed when complying with the mandatory requirements of such platforms, including developer terms, brand guidelines, content policies, product rules, technical restrictions, and other official documents in force at the time of using the respective use case.

The Client must ensure that their pass objects, programs, images, logos, linked websites, deep links, legal texts, marketing claims, notifications, and other materials comply with Apple’s, Google’s, and applicable legal requirements. The Client understands and agrees that Apple and Google may change their rules, geographic availability, content requirements, and enforcement practices at any time.

VMTech is not responsible for decisions of Apple, Google, or other third-party platforms, including refusal of publication, restriction of functionality, changes in interfaces, discontinuation of support for specific use cases, changes in callback scenarios, brand guidelines, or takedown of pass content.

When using Apple Wallet and Google Wallet, the Client must use only officially provided badge/button assets, not alter them in a prohibited way, not mislead users regarding approval by Apple or Google, and not use the respective trademarks outside official rules and law.

If VMTech reasonably believes that a particular pass, design, image, logo, button, deep link, linked website, data collection scenario, or use case violates or may violate the rules of Apple or Google, VMTech reserves the right to suspend issuance, updating, display, push-update, distribution, or other processing of the respective pass content without prior agreement until the violation is resolved.

10. Permissible Use and General Prohibitions

The Client agrees to use the service in good faith, legally, and only within the limits permitted by these Terms, documentation, and the selected plan. The Client is prohibited from:

• using the service in violation of the law, third-party rights, or mandatory contractual regimes;
• circumventing tariff, security, or usage limitations, rate limits, access controls, and other technical restrictions;
• gaining unauthorized access to accounts, data, infrastructure, API, webhook, or other service components;
• distributing malware, malicious code, spam, phishing, or other harmful materials;
• creating a competing product based on reverse engineering, copying logic, systematic extraction, or unauthorized use of API;
• using the service to send illegal, deceptive, aggressive, or unsolicited messages to end users;
• overloading the service, scanning for vulnerabilities, or interfering with its operation without VMTech’s written permission.

11. Integrations and External Applications

SmartKartica may support API, webhook, SDK, external applications, commercial and payment integrations, and other compatibility points with third-party systems. By connecting such an integration, the Client assumes responsibility for the legality of the connection, having the rights to transfer data, complying with the respective third party’s rules, and the correctness of the entered credentials.

VMTech is not liable for the content, security, availability, actions, omissions, failures, policy changes, or legal regime of third-party applications and integrations. Using such integrations is at the Client's risk, unless otherwise provided by mandatory law or a separate written agreement.

12. Service Availability and Changes

VMTech seeks to ensure the service’s operability but does not guarantee uninterrupted, error-free, absolute availability, continuous API, unchangeable interfaces, retention of external integrations without changes, or suitability of the service for a specific client business model. Unless established by a separate SLA, the service is provided on an “as is” and “as available” basis.

VMTech reserves the right to update, modify, limit, replace, or discontinue certain features, UX flows, API methods, supported integrations, technical parameters, and other service aspects as necessary for technical, commercial, legal, security, platform compliance, or other reasonable grounds.

13. Intellectual Property

All rights to SmartKartica as a software product, including code, architecture, data schemas, interface design, API logic, SmartKartica brand, documentation, templates, graphics, and other intellectual property objects, belong to VMTech or are used by VMTech on a lawful basis.

These Terms do not transfer exclusive rights to the service to the Client. The Client is granted only a limited right to access and use the service within the paid and permitted scenario. The Client is not allowed to copy, decompile, extract source code, create derivative works, mirror the service, remove copyright notices, or use VMTech’s trademarks without written permission.

14. Confidentiality and Personal Data

Each party agrees to reasonably protect the confidential information of the other party and use it only for fulfilling these Terms, providing services, complying with the law, protecting rights, or other explicitly permissible purposes. The processing of personal data is governed by these Terms, the SmartKartica Privacy Policy, and, if necessary, a separate data processing agreement.

15. Suspension and Termination of Access

VMTech has the right to fully or partially suspend, restrict, or terminate the Client’s access to the service if the Client violates these Terms, applicable law, the requirements of Apple/Google, payment systems, or other mandatory platforms, has overdue debt, failed payments, chargeback, fraud risk, uses prohibited content, or prohibited data, or if continued service provision is objectively impossible, illegal, or creates disproportionate risk.

The Client may terminate the use of the service by canceling the subscription, sending a notice, or otherwise as provided by the interface or contract. Such termination does not relieve the Client from paying for already rendered services, accumulated usage, and incurred obligations.

16. Disclaimer of Warranties and Limitation of Liability

To the maximum extent permitted by law, the service is provided “as is” and “as available” without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, uninterrupted operation, error-free, and compatibility with any external platform.

To the maximum extent permitted by law, VMTech is not liable for lost profits, lost revenue, lost data, lost clients, interruption loss, and other indirect, punitive, incidental, special, or consequential damages. VMTech’s total liability for any claim is limited to the amount actually paid by the Client to VMTech for the 12 months preceding the event giving rise to the claim, unless mandatory law requires otherwise.

17. Indemnification

The Client agrees to defend, indemnify, and hold harmless VMTech, its affiliates, employees, contractors, and representatives from any claims, demands, losses, penalties, expenses, and costs arising from the Client’s Customer Data, pass content, violation of the law, privacy-, consumer protection-, anti-spam regimes, Apple/Google rules, payment rules, or these Terms.

18. Governing Law and Disputes

These Terms are governed by the law of the Republic of Serbia, unless mandatory legal norms require otherwise. The parties strive to resolve any disputes through negotiations. If a dispute cannot be resolved, it is subject to the competent court in the Republic of Serbia, where VMTech is located, unless mandatory law requires otherwise.

19. Final Provisions

If any provision of these Terms is held invalid, it does not affect the validity of the other provisions. These Terms, the Privacy Policy, the Cookie Policy, recurring payment terms, separate invoices, order forms, DPA, and other documents explicitly included in the parties' relationships form the entire contractual regulation in the applicable part.

For inquiries about these Terms, please contact support@smartkartica.rs.