Terms of Use

1. Service provider

Tsunami Digital d.o.o., Bolnička cesta 34K, 10000 Zagreb, Croatia
registered in the court register of the Commercial Court in Zagreb, MBS 081711791
OIB 88115518559 · VAT ID HR88115518559
Directors: Bruno Pavlinić, Josip Pavlinić, Marko Pavlinić
Further company details: Imprint (Impresum)
Email: info@toplinko.com
Phone: +385 95 883 7793

These Terms govern the use of the Toplinko application and the purchase of a subscription to it. If you do not agree with them, do not open an account or order a subscription.

2. Definitions

• Service – the Toplinko web application for thermal and energy calculations of buildings, available at app.toplinko.hr, and related services.
• User – the person who has concluded a contract with us for the use of the Service, or the company or person on whose behalf a workspace has been opened.
• Consumer (potrošač) – a natural person who acquires the Service outside their business, trade, craft or profession.
• Business User (poslovni korisnik) – a User who is not a Consumer.
• User seat (korisničko mjesto) – the right of one named person to access the User's workspace.
• Day pass (dnevni pristup) – paid access to the Service with one user seat for the number of days ordered, each day lasting 24 hours from the start of access.
• User Content – data, projects, drawings, files and reports that the User enters or creates in the Service.

3. Conclusion of the contract

1. The contract for the use of the Service is concluded by opening an account at app.toplinko.hr (free trial period). By opening an account you accept these Terms.
2. The subscription contract is concluded by placing an order in the application, on the Subscription page: you select the number of user seats and whether you are buying as a Consumer or a Business User, review the total price, the duration and the cancellation terms, and accept these Terms. Before confirming the order you can correct all entries or abandon the order. You can pay for the subscription in two ways:
   • by card: you confirm the order with the button “Order with obligation to pay” („Naruči s obvezom plaćanja”), and then enter your card details and confirm the payment on the page of our payment service provider Stripe. The contract is concluded when the order is confirmed;
   • by invoice: you send us a request with your invoice details using the button “Send request” („Pošalji zahtjev”). The request does not oblige you to pay. Based on it we send you an invoice for one month, and the contract is concluded once the payment arrives and we activate the subscription.
3. A day pass contract is concluded in the same way by choosing “By the day” („Po danu”) on the Subscription page: you select the number of days and whether you are buying as a Consumer or a Business User, and accept these Terms. A day pass covers one user seat and can only be ordered for a workspace without other members or invitations. You can pay for it in two ways:
   • by card: you confirm the order with the button “Order with obligation to pay” („Naruči s obvezom plaćanja”) and then pay on Stripe's page. The contract is concluded when the order is confirmed. Access starts once the payment has gone through or, if you already have access at that moment (a trial, a paid period or an earlier day pass), when that access ends;
   • by invoice: in the request you choose the start day, at least 24 hours ahead, and send it with the button “Send request” („Pošalji zahtjev”). The request does not oblige you to pay. The contract is concluded once the payment arrives and we activate the day pass. Access starts at 00:00 (Croatian time) on the chosen day or, if the payment arrives later, at activation; it then still runs for the full number of hours ordered.
4. We confirm receipt of the order, or the activation of a subscription or day pass paid by invoice, by email without delay. The confirmation contains the key pre-contract information, links to these Terms and the Privacy Policy and, for Consumers, instructions and a form for withdrawal from the contract (jednostrani raskid ugovora).
5. The contract is concluded in the Croatian language. The Terms in force are always published on this page, from where you can save or print them. The Pre-contract information forms part of the contract.

4. Description of the Service and technical requirements

The Service enables thermal calculations, calculations of the energy performance of buildings and verification of building compliance with the standards and regulations listed on the home page and in the application, together with 2D drawing, import of DXF drawings, teamwork and export of reports in PDF, Word, Excel and JSON format. An internet connection and a current version of the Chrome, Firefox, Safari or Edge browser are required. No installation is needed.

We maintain and update the Service, including security updates, throughout the term of the contract.

5. User account

1. An account may be opened by a person who is at least 16 years old.
2. You must enter accurate information and keep your login credentials safe. Login credentials are personal: sharing an account or a user seat with other persons is not permitted. Every person working in the Service needs their own user seat.
3. The workspace owner manages the team, the subscription and the company data and is responsible for the actions of the members they have invited.
4. You can delete your account at any time in the application (Settings → Delete account).

6. Free trial period

1. Every new workspace receives a 14-day free trial period with one user seat and access to all features of the Service except importing reports from .toplinko files (DXF drawing import is available). No card is required. When you register with an email address, the trial period starts once you confirm the email address; when you sign in with a Google account, it starts immediately.
2. The trial period is granted once per person and once per e-mail address; addresses that differ only by a suffix after a "+" sign or by dots in a Gmail address are treated as the same address. Deleting the account and registering again with the same address does not give a new trial period.
3. The trial period does not automatically convert into a paid subscription. If it expires without a subscription, access is restricted, and the content is retained and deleted in accordance with clause 19.
4. If you subscribe before the trial period expires, the remaining free days are carried over into the subscription and the first charge is made on the day the trial period expires.
5. We may refuse or terminate the trial period in the event of obvious abuse, for example opening several accounts in order to extend free use.
6. If we refuse or end a trial, the account remains a free account and its content is kept until you delete the account.

6.a Educational licence for colleges

1. We may grant a college a free educational licence until a date we set. We open the accounts of students and professors ourselves, from a list the college provides, and send the login details by e-mail. Signing in with a Google account is not available for these accounts. The licence under clause 15.1 applies to the accounts we open.
2. The educational licence is free and includes no subscription or billing, so clauses 6 to 10 do not apply to it. It may be used for teaching and learning only.
3. Every report exported in PDF, Word or Excel format carries the notice "Izrađeno edukacijskom licencom (college name) — nije za službenu uporabu." ("Made with an educational licence — not for official use"). Such reports are not for official use, for example submission to competent authorities or inclusion in design documentation, and clause 15.3 does not apply to them.
4. Professors of the college can see the reports, materials and room types of everyone at the college; students see only their own. Details are in the Privacy Policy (Politika privatnosti), section 3.a.
5. If a free or trial account on which you were the only user already existed for your e-mail address, that account and its content are moved into the college. Accounts with a paid subscription are never moved. After the move, you can export your earlier reports from the college account to a .toplinko file and, while the licence is valid, delete them. You can object to the move by writing to info@toplinko.com. Details are in section 3.a of the Privacy Policy (Politika privatnosti).
6. After the licence ends, you can still sign in, but the content is available for viewing and export only, without changes. The content is not deleted automatically when the licence ends, so clause 19 does not apply; we delete it at the college's request or in accordance with the Privacy Policy.
7. We may end an educational licence before that date; the same then applies as after it ends. We may also deactivate an individual account, for example at the college's request: that person can then no longer sign in, and their work remains visible to the college's professors.
8. A student or professor can delete their own account at any time (Settings → Delete account). This also deletes the reports, materials and room types they created.

7. Prices and payment

1. The price of the monthly subscription is €87.50 for the first user and €12.50 for each additional user. Prices are in euros and include VAT (25%). The current price list is published at toplinko.hr.
2. When you pay by card we grant a 10% discount on that price (€78.75 for the first user and €11.25 for each additional user, VAT included). The discount applies for as long as the subscription is paid by card and is shown before the order. We charge no fee for the choice of payment method.
3. Toplinko Partner. A User becomes a Toplinko Partner once it has 3 paid months of subscription, that is from the start of its 4th paid month, and a Toplinko Premium Partner from the start of its 13th paid month. Paid monthly subscription periods count, by card or by invoice, including a first month paid at a discount. The free trial, day passes and free access do not count. Paid months belong to the User (the workspace), not to an individual person, so they are kept when the owner of the workspace changes. They are also kept when the subscription ends, until the workspace content is deleted under clause 19; the paid months are then deleted too and counting starts again. Months without a paid subscription do not count.
4. Partner discount. From the 4th to the 12th paid month the Partner discount is 15%, and from the 13th paid month 30% of the list price. When paying by card it is added to the 10% card discount, so the total discount is 25% or 40% respectively (for the first user €65.63 or €52.50 per month, VAT included). When paying by invoice the discount is 15% or 30% (for the first user €74.38 or €61.25 per month, VAT included). The percentages are added together and taken from the list price for all user seats, and the total is rounded to the cent. The new percentage applies from the first invoice for the 4th or 13th month, without pro-rata adjustment within a period. Only one discount ever applies to a subscription; if more than one would apply, the larger one applies. The Partner discount is set by the same rule for every User, solely by the number of paid months, and does not apply to day passes.
5. Partner benefits. While it has a paid subscription, a Partner can add its own logo, heading colour and footer line to PDF and Word reports, and its logo and footer line to Excel reports, send requests to priority support and, in December, download a summary of its use of Toplinko in the current year. From the 13th paid month a Toplinko Premium Partner also gets one additional user seat free of charge, can remove the Toplinko mark from reports (PDF, Word and Excel) and can request a yearly 30-minute call. The benefits, including the additional user seat, do not apply while the subscription is not paid.
6. Logo. The logo, colour and footer text a Partner enters are User Content (clause 16). The User warrants that it has the right to use the logo it uploads and that doing so does not infringe the rights of third parties. The owner of the workspace can delete the logo at any time.
7. The price of a day pass is €10.00 per day, VAT (25%) included, the same by card and by invoice; the card discount does not apply to it. One order covers 1 to 7 days. A day pass is paid once, in advance.
8. The subscription amount depends on the number of paid user seats you select. The total amount for the billing period is shown before the order.
9. A subscription paid by card is charged through Stripe, in advance for each monthly period. A subscription paid by invoice is paid by bank transfer to our account, in advance for one month, according to the invoice we send you. For each payment we issue and fiscalise an invoice in accordance with the regulations and deliver it electronically.
10. Changing the number of user seats during a period: when a user seat is added, a pro-rata amount for the remainder of the current period is charged immediately. When a user seat is removed, the amount for the unused days is credited as a reduction of the next invoice and is not refunded to the card. The new monthly amount is charged from the next period. When paying by invoice, the number of user seats is changed with a new request for the next month.
11. The terms of any discount (amount, period of validity and the price after the discount expires) are stated in the offer and shown before the order.
12. If a charge fails, Stripe will automatically retry it, and access to the Service remains in place during that time. If the retries also fail, the subscription ends and clause 19 applies. We may charge Business Users statutory default interest on late payments.

8. Term, renewal and cancellation

The subscription is concluded for an indefinite period and renews automatically every month. There is no minimum term. You can cancel the subscription at any time on the Subscription page in the application. Cancellation takes effect at the end of the current billing period: until then you have full access, and after that the subscription is no longer charged.

A subscription paid by invoice is concluded for one month and does not renew automatically. For the next month, send a new request or switch to paying by card; days you have already paid for are kept. If you do not renew, access is restricted when the paid period ends, and your content is kept and deleted in accordance with clause 19.

A day pass is concluded for a fixed term and does not renew automatically or turn into a subscription: it runs for the number of 24-hour days you ordered, counted from the start of access. You can extend it with a new order, and the new days start when the previous ones end. If you subscribe during a day pass, the subscription is charged only after the day pass ends: the time left is carried into the subscription, rounded up to whole days. When a day pass ends without a new order or a subscription, access is restricted, and your content is kept and deleted in accordance with clause 19.

9. Consumer's right of withdrawal (jednostrani raskid ugovora)

1. A Consumer has the right to withdraw from the subscription contract or the day pass contract within 14 days of its conclusion, without giving any reason.
2. Withdrawal is declared using the “Withdraw from contract” („Raskid ugovora”) function at app.toplinko.hr/raskid-ugovora (the link is in the footer of every toplinko.hr page and on the Subscription page in the application), using the form in Annex 1, or by any other unequivocal statement sent by email to info@toplinko.com or by post to the registered office address. The deadline is met if the statement is sent before it expires.
3. We confirm a statement submitted through the “Withdraw from contract” function immediately and automatically by email, stating its content and the date and time of submission. We confirm receipt of a statement sent in any other way without delay.
4. After withdrawal from a subscription contract we refund the Consumer the full amount paid, with no deduction for the period of use, no later than 14 days from receipt of the withdrawal statement, using the same means of payment (for payment by invoice, by bank transfer to the account the payment came from) and at no cost to the Consumer.
5. For a day pass, the Consumer expressly requests when ordering that access starts before the withdrawal period ends and acknowledges the consequences of that request. If the Consumer withdraws before access starts, we refund the full amount paid. If they withdraw after it has started, we refund the amount paid less a proportional part of the price for the period up to withdrawal. Once the day pass has ended, the service has been fully performed and the Consumer loses the right of withdrawal. Refunds are made within the period and in the way set out in point 4.
6. Withdrawal ends access to the paid features. On request sent to info@toplinko.com we will provide, free of charge, the User Content created by the Consumer in a commonly used machine-readable format.

10. Refunds of amounts paid

Except for withdrawal under clause 9 and other cases in which a refund is required by law or by these Terms (clauses 11, 12 and 18), amounts paid are not refunded: cancellation takes effect at the end of the current period, and a day pass runs until the days ordered have passed. We do not offer refunds to Business Users outside those cases.

11. Conformity of the Service and errors

Throughout the term of the contract the Service will conform to the description in these Terms and the pre-contract information. Please report errors to info@toplinko.com. A Consumer has rights in the event of non-conformity under the Act on Certain Aspects of Contracts for the Supply of Digital Content and Digital Services (Zakon o određenim aspektima ugovora o isporuci digitalnog sadržaja i digitalnih usluga): the right to have the Service brought into conformity, to a proportionate price reduction or to terminate the contract.

We may briefly interrupt the Service for maintenance, upgrades or security reasons. We endeavour to carry out planned interruptions outside normal working hours. This does not limit the Consumer's rights under the preceding paragraph.

12. Changes to the Service

We may change the Service for valid reasons: for security, to comply with amended regulations (e.g. a new technical regulation or calculation algorithm), technical development, replacement of rarely used features with equivalent ones, or changes at external providers. Changes do not cause additional costs for the User.

We will notify you by email at least 30 days in advance of any change that has more than a minor negative impact on access to or use of the Service. In that case you have the right to terminate the contract free of charge within 30 days of the notice or of the change, whichever occurs later, with a refund of the pro-rata part of the fee paid in advance for the period after termination.

13. Nature of the calculation results

Toplinko is a software tool for calculations in the field of building physics and energy efficiency of buildings in accordance with the regulations and standards stated for the respective version. The Service does not constitute design, professional supervision, energy certification or engineering or legal advice and does not replace the professional judgement of an authorised person. The results depend on the input data and assumptions entered by the User. The User must verify the correctness of the input data and the results before using them. The person who prepares and signs a design, study (elaborat) or energy certificate in which the results are included is responsible for it in accordance with the building regulations. If we discover an error in a calculation module, we will notify Users and publish a correction. This clause does not limit our liability under clause 14, paragraphs 1 and 3.

14. Liability

1. We are liable in full for damage caused intentionally or through gross negligence, for damage resulting from death, bodily injury or damage to health, under product liability, and in other cases where mandatory regulations so provide.
2. In all other cases our total liability towards Business Users on any legal basis in connection with the Service is limited to the amount the Business User paid for the Service in the 12 months preceding the event giving rise to the damage. Towards Business Users we are not liable for loss of profit, loss of business or contracts, costs of reworking a design or for other indirect damage, except in the cases under paragraph 1.
3. Nothing in these Terms excludes or limits the rights a Consumer has under mandatory regulations, in particular the rights in the event of non-conformity of a digital service.

15. Intellectual property, licence and reports

1. The Service, program code, algorithms, databases, interface and documentation are our copyrighted work and property. We grant the User a non-exclusive and non-transferable licence to use the Service for the term of the contract, for the number of paid user seats.
2. It is not permitted to copy or resell the Service, to disassemble or decompile the program code (except to the extent expressly permitted by law), to extract data automatically outside the application interface, or to use the Service to build a competing product.
3. You may freely use the reports and other results you create in the Service in your work: you may give them to clients, investors, competent authorities and other participants in construction and include them in design and other documentation.

16. User Content and processing of data on behalf of the User

1. The User retains all rights to User Content. You grant us the right to store, process, back up and display User Content solely for the purpose of providing the Service. We may use anonymised aggregate statistics that do not reveal the User or their projects to improve the Service.
2. For personal data of third parties that the User enters into User Content (e.g. the name of an investor or the address of a building), the User is the controller and we are the processor. We process such data only on the User's instructions given through these Terms and through use of the Service; we ensure that persons with access keep it confidential; we apply the security measures described in the Privacy Policy; we use only the providers listed in the Privacy Policy, the list of which we update before engaging a new provider; we assist the User in responding to data subject requests and notify the User of a personal data breach without undue delay; after the contract ends we delete the data in accordance with clause 19; and on request we provide the User with the information necessary to demonstrate compliance.

17. Acceptable use and reporting illegal content

1. It is prohibited to store illegal content or malicious code in the Service, to circumvent security measures and licence restrictions, to share an account, to interfere with the operation or stability of the system, or to use the Service contrary to regulations.
2. Anyone may report illegal content in the Service to us at info@toplinko.com. The report should contain an explanation of why the content is illegal, information by which we can locate it, the name and email address of the person submitting it, and a statement that the information in the report is accurate and complete. We confirm receipt of the report, decide on it in a timely, diligent and objective manner, and inform the submitter of the decision.
3. If we restrict content or an account because of illegal content or a breach of these Terms, we will provide the affected User with a clear and specific statement of reasons, and the User may object to the decision at the same address.
4. The point of contact for authorities and users under the Digital Services Act is info@toplinko.com, in Croatian or English.

18. Restriction of access and termination for breach

Either party may terminate the contract for a material breach by the other party. Before restricting access or terminating because of your breach, we will warn you in writing and give you a reasonable period to remedy the breach, unless the breach is serious (e.g. a security threat, illegal content or fraud) and we must stop it immediately. We will provide a statement of reasons for every restriction. If you terminate the contract because of our material breach, we will refund the amount paid in advance for the period after termination.

19. End of the contract and your data

While the contract is in force you can export reports in PDF, Word, Excel and JSON format. After a trial period expires without a subscription, a subscription or day pass ends or a withdrawal, we retain the workspace content for a further 30 days; we notify you of this by email, and again 15, 5 and 1 day before deletion. If you subscribe or order a day pass within that period, you continue where you left off. After the period expires we delete the content in accordance with the Privacy Policy (Politika privatnosti), while the owner's account and billing data remain until you delete the account.

20. Personal data protection

We process personal data in accordance with the Privacy Policy (Politika privatnosti).

21. Written complaint

You can submit a complaint (prigovor) by email to info@toplinko.com or by post to Tsunami Digital d.o.o., Bolnička cesta 34K, 10000 Zagreb. We will confirm receipt of the complaint without delay and reply to it in writing no later than 15 days from the day of receipt, stating clearly whether we accept that it is well founded. We keep a record of complaints for one year.

22. Out-of-court resolution of consumer disputes

If we do not resolve a dispute through the written complaint, the Consumer may initiate mediation proceedings before a body for alternative resolution of consumer disputes: Centar za mirenje pri Hrvatskoj gospodarskoj komori (Mediation Centre at the Croatian Chamber of Economy), Rooseveltov trg 2, 10000 Zagreb, www.hgk.hr. We are willing to participate in proceedings before that body. This does not limit the Consumer's right to judicial protection.

23. Governing law and jurisdiction

These Terms and the contract are governed by the law of the Republic of Croatia. A Consumer from another EU Member State retains the protection afforded by the mandatory provisions of the law of the state of their habitual residence and may bring proceedings before the courts of the state in which they are domiciled. Disputes with Business Users fall under the jurisdiction of the court having subject-matter jurisdiction in Zagreb.

24. Changes to the Terms and prices

We may change the Terms and prices only for a valid reason, for example because of changes in regulations, in the Service or in the costs of providing it. We notify you of changes by email at least 30 days before they take effect. Changes do not apply to a period already paid for. If you do not agree with them, you can cancel the contract free of charge before they take effect.

Price lock. We do not increase the list price at which you took out your subscription while the subscription is active. A new price list applies only to new subscriptions. The card discount and the Partner discount are taken from the price you keep. A change in the VAT rate applies as the law provides.

25. Force majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control that we could not foresee, avoid or remove, such as natural disasters, war, widespread internet outages or attacks on providers' infrastructure. This does not limit the Consumer's rights under mandatory regulations.

26. Final provisions

If any provision of these Terms is void or unenforceable, the remaining provisions remain in force. Where a translation of these Terms into another language exists, the Croatian version prevails.

Annex 1 – Withdrawal form (obrazac za jednostrani raskid ugovora)

Complete and return this form only if you wish to withdraw from the contract. It is quicker to use the “Withdraw from contract” function.

Annex 2 – Pre-contract information

A summary of all pre-contract information is published on the Pre-contract information page.