1. Who we are and what these terms cover
These terms govern the use of the TOMICZ Content Management System (the CMS): the software at cms.tomicz.com and the tools it gives you to run your website. The CMS is provided by TOMICZ Darko Tomić s.p. Mrkonjić Grad, Podorugla bb, 70260 Mrkonjić Grad, Bosnia and Herzegovina, JIB 4514477510009 (TOMICZ, we, us). You can reach us at darko@tomicz.com.
You means the organisation whose website we manage and every person that organisation invites into the CMS, whatever their role: owner, admin, author, sales or viewer. By signing in and choosing I agree, you accept these terms for yourself and, if you are the owner, for your organisation.
Prices, minimum terms, what happens to your website code and other commercial matters are not in this document. They are as agreed with you in writing, in the offer, the invoice or the agreement you have with us. Where that agreement and these terms differ, the agreement applies.
2. What the CMS is for
The CMS exists for one thing: to build, edit and run the website TOMICZ manages for you. The Media, Documents and Video libraries hold the content that appears on that website or is being prepared for it. Drafts, brochures and catalogues your visitors can download, and images you are still choosing between all belong there.
The CMS is not a file store, a backup service, an archive or a way to pass files between people. Personal photos, copies of other systems, project archives and files that will never appear on your website do not belong in it.
To run the service and check these terms are kept, we may review the names, types and sizes of files in your libraries, and open a file only when that is not enough to tell. If we find files that are not website content, we write to your organisation's owner, name the files, and give you 14 days to remove them. After that we remove them ourselves. Files that are clearly illegal or dangerous, such as malware, we remove at once and tell you afterwards.
3. Acceptable content and conduct
You may only upload and publish content that is lawful and that you have the right to use. That means no defamatory, hateful or sexually explicit material, nothing that infringes another person's copyright, trademark or privacy, and no malware, scripts or executable files of any kind. You confirm that you hold the rights to every text, image, video and document you place in the CMS.
Email you send through the CRM goes only to people your organisation has a business relationship with, or who have agreed to hear from you. Bulk unsolicited mail is not allowed. If we receive spam complaints about your organisation, we may switch email sending off for it until the matter is resolved.
API keys and LLM keys are yours to protect. Whoever holds a key answers for everything done with it. You may not use the API to scrape or reach data that is not your organisation's, to flood the service with requests, or to probe its security without our written permission.
Every login belongs to one named person. Do not share your credentials, and do not lend a seat to anyone outside your organisation.
4. Storage and fair use
Each organisation has 4 GB of media storage unless we have agreed otherwise. If you need more, ask us and we will arrange it. Per-file limits, video length limits and similar technical limits are shown in the CMS at the moment you upload, and we may change them with notice as the service evolves.
Support requests, changes and credits are used in line with the plan your organisation has with us. Fair use means the volume a business of your size normally generates for its own website.
5. Accounts and your team
Your organisation's owner decides who is invited into the CMS and with which role, and answers for what those people do in it. Remove people who leave your business and revoke any keys they held.
Keep your password and keys secret. If you suspect that someone else has your credentials, tell us at once so we can help you secure the account.
We may suspend an account that breaks these terms, and we may suspend an organisation's access in the cases described under Payment, suspension and ending the service.
6. Who owns what
Your content is yours: the texts, images, videos, documents, contacts, reviews and other material you put into the CMS, and your domain name. You give us the licence we need to host, process, back up, deliver and display that content in order to run your website and the CMS. That licence ends when the service ends, except for backups that expire in their normal cycle.
The CMS is ours: the software, its design, its code and every improvement to it. You receive a right to use it for your own website for as long as you use our service. You may not copy it, reverse engineer it, resell access to it or use it to run websites for others. The CMS is never transferred, sold or licensed to you as a product. Your website is designed to run without it.
Unless you tell us otherwise in writing, we may name your organisation, show its logo and link to your public website as a reference for our work. One email is enough to opt out.
7. Service, backups and availability
We run the CMS with reasonable care and skill and we aim to keep it available at all times. Planned maintenance is announced in advance where possible. We do not promise a specific uptime percentage and we do not offer credits for downtime.
We back up your organisation's data every night and keep those backups for at least 7 days. If you need something restored, ask us and we will restore it from the most recent backup that has it. Backups are part of running the service, not a substitute for your own copies of important source files.
Support hours and response times follow the agreement your organisation has with us.
8. Data protection
Where the CMS processes personal data of your website's visitors, customers and contacts, such as leads, reviews, CRM records and analytics, you are the controller and TOMICZ acts as your processor. We process that data only to provide the service and on your instructions, and everyone who works on the service for us is bound to confidentiality.
We use these sub-processors: Namecheap, Inc. (USA) for hosting and email infrastructure, and Cloudflare, Inc. (USA) for DNS, network security and content delivery. Data is therefore transferred outside the European Economic Area. Those transfers rest on the European Commission's standard contractual clauses and, where the provider holds one, on its Data Privacy Framework certification.
We help you answer requests from data subjects that relate to data held in the CMS, tell you without undue delay if we become aware of a personal data breach that affects your data, and delete or return your data at the end of the service as described below. A full signed data processing agreement is available on request.
You remain responsible for your own website's privacy policy, cookie notices and the lawful basis for collecting your visitors' data.
9. Payment, suspension and ending the service
Payment terms are in your agreement with us. If an invoice is not paid on time, your website keeps running, but after the grace period stated in the payment reminder we pause changes, support tickets and CMS access until the account is settled. What happens after that is decided case by case, and we will always tell you first.
If you break these terms we may suspend your organisation's access to the CMS at once, with or without notice depending on the severity.
When the service ends, for whatever reason, your content, media, CRM data and backups stay available for export for 90 days after the end date. Ask us during that period and we will hand them over. After 90 days we delete them. The CMS itself is never transferred. Handover of website code under a service agreement is governed by that agreement.
10. Liability
The CMS is provided as it is. We do not promise that it is free of errors or fits every purpose, and we are not liable for indirect losses such as lost revenue, lost profit or lost data that you could have backed up yourself.
Our total liability to your organisation for all claims arising from the CMS in any twelve-month period is limited to the fees your organisation paid us in the twelve months before the claim.
Nothing in these terms limits liability for intent, gross negligence, or where the law does not allow a limitation.
11. Changes to these terms
We may change these terms. For material changes we email your organisation's owner at least 14 days before the new version takes effect. From that date every member sees the new version when signing in and continues by accepting it. Corrections to wording or contact details take effect when published.
The version and effective date appear at the top of this page.
12. Governing law and disputes
These terms are governed by the law of Bosnia and Herzegovina and the Republika Srpska. Disputes that we cannot settle between us are decided by the competent court in Banja Luka. The English text is the binding version. Mandatory consumer or data protection law of the country where you are based still applies where it cannot be excluded by agreement.