Terms of use

1. General

These general terms of use (the “General Terms”) apply to the website (https://passsport.com) and related mobile application of company PassSport LLC with registered seat at Republic of Croatia, 10000 Zagreb, Slavonska avenija 1C, Commercial court of Zagreb registration number (MBS) 081517678, Tax Identification Number (OIB) 48759490829, Email address:support@passsport.com(the “PassSport”), and to all sites linked from aforementioned website and mobile application (the “Site”). The Site is exclusively owned by PassSport. By using the Site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it. PassSport hereby makes the PassSport website and mobile application (the “Platform”) available to users (the “User” or “Users”, including “Special option Users” as defined below) subject to these General Terms.

By accessing and registering on the Platform, all Users acknowledge and expressly and unambiguously agree to these General Terms, as well as to the Privacy Policy.

2.User Access and Registration

In order to use the Platform, it is essential that a User cumulatively meets the following requirements:

·User must be PassSport service eligible (as defined below)

·Users must be at least 18 years of age

·Users must truthfully complete the mandatory fields of the registration form requesting personal details

·Users must agree to their geolocation data usage

·Users must agree to these General Terms

·Users must agree to the Privacy Policy.

“PassSport service eligible” is a User employed or comparably engaged by an entity that contracted PassSport services with PassSport (the “Employer”). As an exemption, a User may be allowed to acquire PassSport service eligibility status by way of special option granted from PassSport to the Employer for certain categories of persons, even if not employed or otherwise engaged by the Employer (such as Users' close family members or friends; the “Special option Users”). Any User through which Special Option User acquired its status shall, respectively, be primary payor and joint and several co-debtor towards the Employer or PassSport for all obligations of Special Option User regarding use of the PassSport service.

For the sake of completion of their registration on the Platform, Users will have to provide certain details, such as: name and family name, e-mail address, mobile number and language, among others, and enter one-time password provided via email or through other communication channels made available by PassSport. In the event that the User chooses to pay by card, he/she will be obliged to provide the Platform with the details of his/her payment card issued by the financial institution that holds his/her payment account, which information is a prerequisite for the execution of the chosen payment method. Once they have completed the registration process, all Users will be able to, within requirements of the Platform, access, complete and edit their profile as they deem appropriate. Passport may request occasional re-registration of User on the Platform.

The User warrants that all the information regarding his/her identity and payment card (if any) provided to PassSport in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.

If a User provides any false, inaccurate or incomplete information or if PassSport considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, PassSport may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.

Users undertake not to disclose the details of their account or allow access to the Platform to third parties. Users shall be solely responsible for any use of such details or of the services of the Platform that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their name and/or account.

Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these General Terms, the User grants PassSport, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by PassSport, with or without any further communication to the User and without having to pay any amounts for such uses.

PassSport cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform PassSport immediately, using the communication channels made available by PassSport, if their credentials or mobile phone are stolen, disclosed, lost or misused.

3.PassSport Services

By valid registration and access on the Platform a User acquires right to use sports and recreational facilities which are available on the Platform and managed by PassSport’s contractual partners (the “Partners”) against applicable tariff or subscription model offered by PassSport and accepted by the Employer (the “PassSport service”). The Users may use PassSport service only in accordance with terms of subscription model chosen by Users’ Employer and only during its validity.

Unless explicitly agreed otherwise, apart from aforementioned right to use sports and recreational facilities of the Partners, PassSport service shall not include any other services standardly or occasionally provided by the Partners, such as engagement of instructor, individual or group courses, educations, workshops, meetings, conferences, sports travels and/or competitions, equipment renting, etc. All costs of any Partners’ services out of the scope of PassSport service shall be exclusively borne by a User at rates determined by the Partners at that time.

For the sake of this General Terms, ”single use of PassSport service” shall always mean one use of Partner’s facility by one User in one day in reasonably required duration for envisaged training or for service that requires rental of sports fields or other sports content per time unit, in duration of a single time slot (appointment) pursuant to decision of the Partner, but in any case, not exceeding 60 minutes.

Upon arrival at Partner facility, a User shall successfully electronically identify him/herself to a Partner through any procedure supported by the Platform at that time, such as QR code, one-time password (OTP), near-field communication (NFC) or other, who will register on the Platform User’s arrival as a single use of PassSport service and make Partner facility available to a User. For the identification purposes, a Partner is entitled to check User’s identification documents. Inability to properly identify him/herself will prevent User from using Partner facility.

Upon valid Platform registration of a single use of PassSport service, within first fifteen minutes upon his/her arrival at the Partner facility a User may cancel use of respective facility, while preserving the right to use, within the scope of PassSport service, other available Partner facility in the same day, which cancelation a Partner will immediately register on the Platform. The Partner is entitled to temporarily suspend service to the Users in event of full capacity, maintenance and repair of a facility or other justifiable reason.

The PassSport service shall be available to the Users always subject to this General Terms and terms and conditions under which Employers and Partners offer the PassSport service, i.e. use of sports and recreational facilities to the Users. A User is aware that aforementioned terms and conditions may be amended from time to time to reflect market conditions, service improvement, facilities maintenance or other justifiable reason.

4.Payments

Unless otherwise agreed, the Employer shall pay a monthly fee,costs and other payments to the PassSport for the use of the PassSport service pursuant to one or more PassSport subscription model(s) available at that time, which has/have been selected and accepted by the Employer. In this case, all fees, costs and other payments for the use of the PassSport service by the Employer or Employer’s Users registered on the Platform, including all changes and corrections of fees, costs and other payments, will be paid directly to PassSport exclusively by the Employer.

Depending on applied subscription model and agreement between the Employer and Employer’s User, the Users may be obliged to fully or partially participate in the total cost of the PassSport service by continuously reimbursing the Employer all or part of the fees, costs and other payments that the Employer owes to PassSport based on the provision of PassSport services. In that case, regardless of the internal agreement between the Employer and the Employer's User, the Employer will remain the exclusive debtor and payor to PassSport for all fees, expenses and other payments related to the PassSport service.

In the event that through the Platform the User independently chooses the option of direct payment of all fees, costs and other claims pertaining to the use of the PassSport service that refer to that User via his/her payment card (B2B2E option), the User will, after entering the necessary card information within the Platform, as long as is such a payment method applicable, be the primary debtor and payor of all claims based on own use of the PassSport service towards the PassSport. By confirming the entry of the User's card information within the PassSport platform, the User irrevocably guarantees that the specified information is true, accurate and complete, and agrees that by way of card payment (recurring payment) PassSport settles its claims based on the provided PassSport service upon their maturity, until written revocation of the card payment of the PassSport service by the User. The user has the right to revoke his card payment authorization at any time, which revocation occurs, cumulatively, at the end of the monthly accounting period and the settlement of all amounts owed to PassSport. The above also applies in the event that the agreement between the Party and PassSport designates the User as the sole obligee of payment for the PassSport service used regardless of the use of the B2B2E option.

Unless otherwise agreed, in the case of determining the User as the primary or exclusive debtor and payor to PassSport, the Employer will remain a joint debtor/guarantor to PassSport for all obligations of the said User in connection with the use of the PassSport service until full settlement of all PassSport claims.

In addition, the said User will be jointly and severally liable to PassSport for all the obligations towards PassSport of the Special option User who has acquired the right to use the PassSport service through the said User regardless of the chosen payment method.

In case of non-payment or late payment, depending on the case, by the Employer or the User, PassSport has the right to suspend the provision of the service to the respective Users without prior warning.

5.Geolocation

As requirement for provision of PassSport service, PassSport will collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device or geographic location obtained by scanning or comparable process at the location of Partners’ sports and recreational facilities, provided that this is previously authorised by the User. The said location data will be collected during the use of service and used by PassSport to show Partners’ facilities location available for provision and billing of PassSport service. In this regard, Users expressly consent to their geolocation data being shared with Partners and Employers in order to ensure provision, evidence of use and billing of PassSport service.

User acknowledges that inability to collect, use and share location data of the User shall prevent PassSport from providing PassSport service, in which case User may choose to disable Geolocation on his/her device as provided in the Privacy Policy.

6.Users Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms.

Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.

Users particularly acknowledge that any competition with Partners’ sports and recreational facilities available through the Platform is strictly forbidden, including but not limited to exploitation of aforementioned facilities with purpose of Users obtaining any kind of personal commercial gain. User that has violated previous requirement shall be immediately denied of future access to the Platform and obligated to reimburse related damages to Partners and PassSport.

PassSport may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform or statements provided by the Partners regarding their sports and recreational facilities, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. PassSport will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

• To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
• To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
• To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image;
• To refrain from accessing other Users’ e-mail accounts;
• To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to PassSport’s or third parties’ contents or systems;
• To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
• To refrain from advertising goods or services or any form of commercial exploitation of the Platform without PassSport’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform PassSport of any abuse or infringement of these terms throughthe contact channels made available to Users. PassSport will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms. Furthermore, PassSport reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

7.Users Responsibility

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report to PassSport any incidents or problems when accessing the Platform using the contact channels made available to Users, and PassSport will analyse the incident and instruct the User on how to resolve it as quickly as possible.

PassSport will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

PassSport accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

• The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.

8.Service Liability

PassSport does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms or in a diligent and/or prudent manner. PassSport does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

PassSport declines any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, PassSport accepts no responsibility for the use of the Platform that may be made by a third party from the User’s account.

Notwithstanding the foregoing, PassSport reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, PassSport may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to PassSport all exploitation rights arising from the contents thus supplied.

In addition, PassSport reserves the right to decide on the algorithms and parameters applicable to the ranking of the Partners and products that appear in the Platform, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the Partner facilities, prior reviews, as well as any agreement reached by PassSport with said Partners related to their positioning and visibility.

PassSport entirely rejects any liability for damages of any kind that may arise from and/or during User’s use of Partners’ sports and recreational facilities within or outside the scope of PassSport service. The User acknowledges and accepts that, in particular and without limitation, liability for any accident, injury, loss or damage of any kind caused during or related to User’s stay in Partners’ sports and recreational facilities shall entirely and fully remain with involved Partner.

9.Updates and Changes to the Platform

PassSport reserves the right to amend these General Terms and the Privacy Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Platform.

In addition, PassSport reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. PassSport does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, PassSport shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

In case of any discrepancies between these General Terms and any local language version of these General Terms, these terms shall prevail.

If the User does not agree to any amended General Terms, he/she shall discontinue the use of the PassSport service.

10.Intellectual Property

PassSport is the owneror licence holderof all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through.The intellectual property rights of the Platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of PassSport, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Croatian legislation on intellectual and industrial property rights.

In spite of the foregoing, PassSport may not be the owner or licence holder of content such as names or images, among others, of companies with which PassSport does not have a business relationship. In such cases, PassSport acquires the content from publicly available sources, and PassSport shall in no event be deemed to be related to any right belonging to such companies.

Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by PassSport of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Platform for public or commercial purposes are also prohibited, save with PassSport’s express written authorisation or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing PassSport from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to PassSport, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

11.Term and termination

These General Terms are in force as a binding agreement between PassSport and the User until further notice as long as the User is using the PassSport service.

The User can discontinue the use of the PassSport service at any time. PassSport can discontinue providing the PassSport service permanently or temporarily at any time.

Notwithstanding the foregoing provisions, with respect to Users whose membership fees are charged under the B2B2E card payment model, a specific termination period shall apply, whereby termination shall take legal effect upon the expiry of the last day of the calendar month immediately following the month in which the termination notice was given.

12.Severability

If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the parties.

13.Applicable Law and Dispute Resolution

The relationship between PassSport and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Croatian law; and any disputes shall be submitted to the Courts of Zagreb.

14.Assignments

PassSport shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to PassSport service without the User’s prior consent.

The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Enacted 24.9.2025.