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1. Terms of Service

TLDR: These General Terms and Conditions (GTC) set out the rules for using the Watchimo platform , which enables digital content creators to monetise their creations. By using the platform, you agree to these GTC and undertake to comply with them. All content on the platform is protected by copyright. The GTC also includes a privacy policy that governs the processing of personal data and the use of cookies.

• 1. These General Terms and Conditions (hereinafter referred to as the " GTC ") govern the terms of use of the service provided by Watchimo sro, Company Registration Number: 220 78 568, with its registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, registered in the Commercial Register kept by the Municipal Court in Prague under file number C 410619 (hereinafter referred to as the " Operator ") through the Watchimo platform , which allows creators of digital content (especially videos and photos) to monetize their creations and make their content available to users, as viewers (hereinafter referred to as the " Platform "; creators and viewers hereinafter jointly referred to as the " users ").
  2. Local differences and specificities of individual jurisdictions in which the Platform services are provided may be reflected in local general terms and conditions (hereinafter referred to as “ GTC ”). The provisions of the GTC shall prevail over the provisions contained in these GTC and, to the extent that the provisions overlap, shall replace them. Relationships not governed by the GTC shall be governed by these GTC and the relevant generally binding regulations.
  3. If users in a contractual relationship are in the position of consumers under generally binding legal regulations applicable in their place of habitual residence or registered office, nothing in these GTC limits or excludes any rights that they have as consumers under the relevant legal regulations.
  4. By using the Platform services, including the Operator's websites, including mobile websites, applications, software, features and products accessible through the Platform, you agree to these GTC and undertake to comply with them.
  5. All content accessible within the Platform is protected by applicable laws governing intellectual property rights.
  6. The use of the Platform services is also subject to the terms and conditions of the single sign-on service operators of Google, Meta or other operators of similar or other external services (hereinafter referred to as the " External Operators "), unless otherwise expressly provided in these GTC or the terms and conditions of the External Operator. In the case of the use of services provided within the Platform through External Operators, the terms and conditions of the External Operators that you access at the moment of connecting to the Platform may apply to users, even if they are not expressly stated in Article 8 of these GTC.
  7. The GTC also includes the personal data protection policy, which includes information about the Operator's practices, including the principles of using cookies. The Operator collects and processes personal data in accordance with the personal data protection policy. The personal data protection policy is available here: https://www.watchimo.com/privacy-policy.
  8. The summaries marked as “ TLDR ” contained in these Terms and Conditions are for informational purposes only and are not legally binding. They are intended to make these Terms and Conditions clearer and easier to understand.
  9. The Operator's communication and correspondence details are: support@watchimo.com.
  10. All payment services associated with the operation of the Platform, including the payment gateway service and the processing of payment transactions, are provided through a third party, Stripe Technology Europe Limited (hereinafter referred to as " Stripe "), which holds the relevant public permits.

1. Platform Account

TLDR: Users enter the Platform through a registered User Account and a user (viewer) can also enter through a one-time or multiple-time generated login with a unique access link (and therefore without registration). A user who is also a creator always enters through a registered User Account in order to upload and monetize content (using the service and registering with Stripe). A user - viewer, if at least 13 years old, may use the Platform and subscribe to and purchase content on it only to the extent that such subscriptions and purchases are permitted by the applicable legal regulations of his country and these GTC with regard to his age. In the case of minors, the consent of a parent or legal guardian will be required in accordance with the legislation to use the Platform, accept the GTC and send a Donation . As a user - creator, only persons who have reached at least 18 years of age or have the consent of a parent or legal guardian may use the User Account. Users (creators and viewers) are responsible for all activities on their account and must report any loss of control over the account. The Operator may terminate any Account for breach of the Terms or at the request of the Account Holder. Users must protect the intellectual property rights of the Operator and creators.

• 1. One user account (hereinafter referred to as the “ User Account ” or also as the “ Account ”) can be established on the Platform.
  2. The Platform also allows users (viewers) to enter without registering an Account, based on a unique access link, through which they can purchase the creator's content and view this unique digital creator's content once or repeatedly, to the extent (number of views or access time) specified for the offer of the given content (hereinafter referred to as " Access without registration ").
  3. If a user uploads content to the User Account that they intend to share through it for the purpose of monetization, all provisions of these GTC relating to creators apply to such user.
  4. A User Account can be created and Access without registration can be obtained by a natural or legal person. If necessary, the User Account and its use can be restricted by reaching the age of majority (this also applies to Access without registration).
  5. To create an Account or otherwise use the Platform, a user (if an individual) must be at least 13 years old and must have reached the age at which such user can consent to these Terms and Conditions and to the processing of their personal data in their country (in some countries, the consent of a parent or legal guardian of the user may also be required for a minor) . In order for a user (who is an individual) to use the Platform as a creator or to purchase any digital content (including purchasing content through Access without registration) and to send a Donation , the user must be 18 years old or have the consent of a parent or legal guardian.
  6. The owner of the Account in question is responsible for all activity on the Platform under the logged-in Account. In the event of loss of control over his/her Account on the Platform, the Account owner is obliged to notify the Operator of this without undue delay.
  7. In the event of a violation of these GTC or legal regulations, the Operator is entitled to cancel the Account ( involuntary closure of the Account ). In addition, the Operator reserves the right to terminate or suspend the Account at its own discretion; such decision of the Operator is final and cannot be appealed. The Account may also be cancelled at the request of the Account holder.
  8. The Operator may also close the Account at the request of the User ( voluntary closure of the Account ). In such a case, all digital content of the Creator will be deactivated and the digital content already purchased will remain accessible to the relevant users through their Account so that they can view it in accordance with the purchase conditions under paragraphs 4.1 and 4.8 of the GTC, i.e. for a certain number of views, for a certain time from the purchase, or until its deletion. The Creator acknowledges this fact, agrees to it and for this purpose, the current provisions of these GTC will apply to such digital content of the Creator even after the Account is closed or deactivated or its restriction to the " only for completing the viewing of contributions " mode, until all viewing of the content in accordance with these GTC is completed (the provisions of the GTC shall apply, including the provisions on the Operator's claims for compensation or release from liability under these GTC).
  9. If required by applicable law, upon closing the Account, the Operator shall, at the request of the Creator, enable the transfer and/or takeover of digital content and data that the Creator has uploaded to the Platform or that are related to such content (with the exception of prohibited content under these GTC). The Operator shall ensure that the data is prepared for transfer within 30 days of receipt of the Creator's request. -If the 30 days is technically impossible, the Operator shall justify in writing within 14 working days and propose an alternative period of no longer than 7 months . The Creator may request a one - time extension of this period. The Creator shall collect the prepared content and data no later than 30 days from their availability in the interface from which they will be able to download or transfer them. After the expiry of this period and/or completion of the data transfer or download and at the same time after the content viewing regime within the meaning of paragraph 2.8 of these GTC , the Operator shall delete the Creator's data, unless retention is required by law (in which case it shall anonymize/delete it after the statutory period has expired). The Operator may require a cost-justified fee for such data preparation to the extent permitted by law. For the purposes of this provision, the Operator informs that the cloud storage is located in the EU and is secured against illegal access .
  10. The User is responsible for the accuracy of all data provided to the Operator when creating an Account.
  11. Users are obliged to respect and protect the Operator's intellectual and industrial property rights (in particular, but not exclusively, the Operator's logo, the Operator's name, the Operator's trademarks, the name of the Platform, including its functioning and source code, texts published on the Operator's and Platform's websites, etc.) and are prohibited from using, reproducing, distributing, publicly performing or preparing derivative works in any way without the Operator's written consent.
  12. The Operator may, from time to time, in its sole discretion, invite certain users to use, on a trial basis, pre-release or beta features of the Platform that are under development and not yet available to all users (“ Beta Services ”). Beta Services may be subject to special terms and conditions and may be subject to additional rules or restrictions. Such terms will always be provided by the Operator prior to use of the Beta Services. Beta Services may be provided for evaluation or testing purposes only and may contain errors or mistakes and may not be as reliable as other features of the Platform. By using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without the Operator’s prior written consent. The Operator makes no representations or warranties that the Beta Services will function, and the Beta Services are provided “as is”. The Operator may terminate the Beta Services at any time in its sole discretion. The Operator shall have no liability for any damage or harm arising out of or in connection with your use of the Beta Service.

1. Creators and prohibited content

TLDR: Creators may upload content (videos and photos) to the Platform, which will be available to users who pay for it. It is prohibited to upload content that violates these terms and conditions, laws, erotic content, including content inciting hatred, violence, discrimination, or content related to prohibited commercial activities according to Stripe. The Operator may delete inappropriate content and suspend or terminate the Account of the Creator. Accounts, or uploaded, published and published content, may be checked at the Operator's discretion using the Google Vision AI tool. The Operator does not perform any other active control of Accounts, or content, but is entitled to do so at its discretion. The Operator handles reports from users regarding illegal or otherwise objectionable content on the Platform. The Account is non-transferable and the Creator is solely responsible for all damages caused by his/her content and activities to the Platform and third parties.

• 1. A user who has uploaded any content to the Platform for the purpose of further sharing and monetization (hereinafter referred to as the “ Creator ”) and which will be made available to users after ordering and paying for it must comply with the provisions of these GTC regarding creators.
  2. When creating an Account or before uploading the first content to the Platform, the Creator will be invited to create a new or link an existing Stripe account with the Platform for the purpose of receiving remuneration for sales of their digital content. The process of creating or linking a Stripe account is completely separate from the processes of the Operator and the Platform, both technically and legally. Stripe, as a separate entity managing the Stripe account and ensuring payment processing, is entitled to deduct fees from the Creator for using the Stripe service in accordance with mutually agreed contractual terms and conditions and to further deduct and pay the service fee for using the Platform to the Operator in the amount and manner specified in these GTC.
  3. If the Creator disconnects or cancels their Stripe account, which they provided when creating the Creator Account, it will not be possible for the user to pay the Creator for the content and the Creator will be invited by the Platform Operator to set up a new Stripe account within a reasonable period of time or choose to close the Creator Account.
  4. It is prohibited to post content on the Platform that violates the law or the provisions of these GTC (hereinafter referred to as “ Prohibited Content ”). In particular, the following content is prohibited:
     1. is of pornographic or erotic content;
     2. which incites violence or hatred directed against a group of persons or a member of the group on grounds of sex, race, colour, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinion, membership of a national minority, property, birth, sex, disability, age or sexual orientation;
     3. which is capable of impairing the physical, mental or moral development of minors; this includes in particular programs, video recordings created by users of the Platform and commercial communications, which must not be made available in such a way that minors would have the opportunity to see or hear them under normal circumstances;
     4. has the nature of a criminal offence or the dissemination of which constitutes a criminal offence (in particular public incitement to commit a terrorist offence, offences relating to child pornography and offences relating to racism and xenophobia);
     5. which violates human dignity;
     6. who uses subliminal techniques;
     7. is of the ASMR type and at the same time if it is sexualized or otherwise presented in a way that could be considered erotic, pornographic or otherwise inappropriate,
     8. contains or promotes discrimination based on gender, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation ;
     9. promotes behavior that endangers health or safety, or promotes behavior that seriously endangers environmental protection;
     10. contains commercial communications relating to cigarettes and other tobacco products or electronic cigarettes and their refills;
     11. contains commercial communications relating to alcoholic beverages specifically aimed at minors or promotes the immoderate use of such beverages;
     12. contains commercial communication relating to medicinal products and medical procedures;
     13. encourages minors to purchase or rent a product or service, taking advantage of their inexperience or credulity, directly encourages minors to persuade their parents or third parties to purchase the advertised goods or services, exploits the special trust that minors have in their parents, teachers or other persons, or gratuitously depicts minors in dangerous situations;
     14. that exploits the intellectual property of others, without written consent or under a legal license;
     15. which includes a raffle, drawing or prizes otherwise based on chance;
     16. which is intended to promote or offer sexual services; and –
     17. that contains or consists of any of the prohibited and restricted businesses listed on Stripe's list ( https://stripe.com/en-gb-us/legal/restricted-businesses ).
  5. The Operator receives and processes user notifications about Prohibited Content that has been placed on the Platform.
  6. In the event that the content placed by the Creator on the Platform contains Prohibited Content, the Operator is entitled, at its sole discretion, to block, suspend or otherwise make the Creator's content inaccessible for a period of time until it is verified whether it is Prohibited Content or not. The Operator will provide the Creator with a period of time to remedy the situation. During this period, the content will not be made available to users. If no remedy is made within the given period, the Operator has the right to delete or make the Prohibited Content inaccessible permanently, and may also suspend or cancel the Creator's Account or restrict it in any way (e.g. only to complete the sharing of otherwise harmless content without the possibility of uploading new content), all at its sole discretion; such a decision of the Operator is final and cannot be appealed.
  7. If the Operator receives a notification of Prohibited Content, it will evaluate it and, after taking measures to moderate the content, inform the notifier and the relevant Creator about the method of handling the notification. The Operator will not take into account a notification that is incomprehensible or that does not clarify what content it concerns.
  8. If the Operator discovers a violation of the law and/or these GTCs, or Prohibited Content, within the framework of administering the Platform, it may proceed to take measures in accordance with these GTCs.
  9. A user account with creator rights is tied to the creative activity of a specific person or entity and cannot be sold or transferred for use to another person.
  10. Neither the User (viewer) nor the Creator is entitled to any financial compensation or damages directly from the Platform or its Operator if the Creator's digital content has been removed, blocked or deleted due to a violation of these GTC and/or applicable legislation (Prohibited Content). The User (viewer) shall assert all claims in this regard against the relevant Creator. The Operator shall provide the necessary cooperation to Stripe if the User (viewer) has any financial claims against the Creator as a result of the removal, blocking or deletion of the Prohibited Content and may inform Stripe to the extent necessary of any removal, blocking or deletion of the Prohibited Content.
  11. If the Creator's Account is blocked or terminated due to violation of legal regulations and/or these GTC, or due to placing Prohibited Content on the Platform, the Creator has no claim to damages or any other financial compensation from the Operator. The Operator has no right to influence how the funds accumulated in the Stripe account based on such activity of the Creator will be handled. If special legal provisions, Stripe terms and conditions or decisions of public authorities provide for this case, the Creator's funds accumulated in the Stripe account may be subject to a special handling regime, their payment may be limited or completely suspended. The Operator has no influence on such procedures, does not decide on them in any way and does not implement them.
  12. In any case, the Creator shall fully compensate the Operator if his activities and/or the publication of Prohibited Content within the meaning of this Article cause any damage to the Operator, including compensation for the costs of legal representation of the Operator.
  13. The Creator is liable to the Operator for all harm and damage, including lost profits and fees and rewards resulting from these GTC or related to the use of the Platform.
  14. The Operator is not obliged to return any fee or remuneration due to it under these GTC or the contract with the Creator if the Creator's digital content has been blocked, deleted or otherwise removed due to the content of Prohibited Content, unless applicable law provides otherwise. This does not affect the agreement to provide cooperation by the Operator to Stripe to the extent of these GTC or the user's right to claim content against the Creator. The Operator is exempt from any confidentiality to the extent of providing necessary cooperation to Stripe under this provision.

1. Viewers and digital content

TLDR: Users (viewers) can purchase Creators' digital content, which will be available on the Platform for a certain period of time or after a certain number of views. Users can also send Creators a one-time donation ( Donation ), chat with them via Direct messaging , and also receive additional content via Direct messaging . Once Creators' digital content is purchased, there is no cancellation fee. If required, tax or fees will be added to the price. according to applicable legislative requirements. The Operator is not responsible for bank fees, exchange rate differences, mobile data usage, or damages caused by imitating the Creators' content. Users may not record or download their content without the Creators' consent.

• 1. Through the User Account, the user (viewer) has the opportunity to purchase the Creator's digital content in the following mode:
     1. with permanent access until they are deleted from the Platform or made unavailable on the Platform (“ permanent access ”), or
     2. for a certain number of views ( per view ), which can be realized within 12 months of purchase, or
     3. for a specific period from purchase ( per specific time ), which is listed on the Platform for this digital content before its purchase.
  2. The Operator makes the Digital Content available to users after payment of the relevant price set by the Creator, in digital form via the Platform. All purchased Digital Content is accessible to the user through the User Account on the Platform (with the exception of the specific Access mode without registration).
  3. In addition, the Creator's digital content can also be viewed via a unique link without registering the User Account (Access without registration), after paying the relevant price set by the Creator. Within Access without registration, the digital content is made available to the extent (number of views) according to the specific offer.
  4. The Creator may set on the Platform for individual digital content that its purchase is only possible until a certain point in time (so-called FOMO). After this period, the digital content is no longer possible to purchase. This does not affect the rights of users who purchased the digital content before the specified period has expired to use this digital content in the mode in which they purchased it, in accordance with Article 4.1 of these GTC.
  5. By purchasing digital content (including Direct messaging , as defined below), the user declares that he/she agrees that the content will be made available to the user immediately after purchase. The user further expressly requests and agrees that the provision of the digital content begins immediately before the expiration of the withdrawal period, and hereby acknowledges that he/she thereby loses the right to withdraw from the contract within the 14-day withdrawal period.
  6. The Platform does not provide for the exchange of purchased digital content for other digital content.
  7. The Operator reserves the right to remove digital content at any time, in particular due to violation of the law, these GTC or because it is Prohibited Content, regardless of the purchased number of views or viewing time of the digital content. The Operator further reserves the right to remove digital content at any time if the specific digital content is not purchased at least 1x (once) within a period of 3 months from its upload to the Platform, this does not affect the right of users who purchased the given digital content before its removal from the Platform to use it in the mode of the selected offer.
  8. Purchased digital content is accessible to users for the purchased number/period of views ( in the mode until deletion / per view / per specific time ), but no longer than 12 months from purchase . After that, the user will no longer be able to view the digital content regardless of whether the purchased number of views has actually been used. Access without registration will make the purchased digital content available only for a specified number of unique views.
  9. Users may also provide the Creator with a financial contribution in the form of a voluntary donation (hereinafter referred to as a " Donation ") through the User Account. A Donation is not a payment for digital content, is not a condition for access to digital content and does not entitle users to any additional digital content or other consideration. A Donation is non-refundable and cannot be subject to the right of withdrawal or complaint.
  10. The Platform allows the User to use the private communication service with the Creator (hereinafter referred to as “ Direct messaging ”), which is considered a digital service. Within the framework of Direct messaging, the User can send messages to the Creator and the Creator can make content available to the User that may not be publicly available on the Platform. The use of the Direct messaging service is subject to a fee. The price for using the Direct messaging service is always displayed in the Platform interface before its use and the User accepts it by using the service. Unless otherwise specified, the rules for paying the price for Direct messaging and making complaints about Direct messaging are similar to those for digital content.

1. Payments, fees and taxes

TLDR: The User can pay for Creators' digital content on the Platform with a credit card. The price for digital content and Direct messaging is determined solely by the Creator. The Creator pays a service fee for using the Platform and a transaction fee to Stripe from payments received from users (viewers). The Creator is responsible for refunds in the event of a payment claim and for fulfilling its tax obligations. All payments for digital content are processed by the payment processor Stripe.

• 1. The price for digital content and Direct messaging is determined solely by the Creator (hereinafter referred to as the “ Digital Content Price ”). Fees or taxes may be added to the Digital Content Price in accordance with applicable laws.
  2. The Creator pays the Operator a service fee for using the Platform in accordance with the Operator's tariff, which is accessible individually to each Creator in their personal profile on the Account on the Platform, from the funds paid by the user for making the Creator's digital content available, i.e. from the Price for digital content and for mediation from Donation (hereinafter referred to as the " Service Fee " and the tariff hereinafter referred to as the " Tax List "). The Service Fee may also be determined as progressive, in particular with regard to the length of the digital content (details will be provided in the Tariff List). Value added tax may be added to the Service Fee in accordance with applicable legal regulations. The Service Fee does not include Stripe service fees (see below). The Service Fee is automatically deducted by the Stripe service on an ongoing basis from each payment made for the Creator's content via the Platform.
  3. From each payment of the Digital Content Price or Donation, the Stripe payment system also automatically deducts a transaction fee for the Stripe payment service (hereinafter referred to as the " Stripe Fee "), in accordance with the current Stripe price list. The Creator acknowledges that the Stripe Fee is charged and deducted before the amount is credited to the Creator, and undertakes to bear it.
  4. The Operator reserves the right, in accordance with the Price List, to increase the Creator's Service Fee for any additional digital content, Donation mediation or existing non-defective digital content in the event that part of its digital content is permanently deleted based on the Operator's final decision due to a violation of the law, these GTC and/or because it is Prohibited Content (hereinafter referred to as the " Increased Fee "). Value added tax may be added to the Increased Fee in accordance with applicable legal regulations. The Increased Fee does not include Stripe service fees. The increased fee is deducted automatically by the Stripe service.
  5. All payments and monetary transactions to Creators are processed entirely separately through the Stripe system. Payment of the Creator's Digital Content Price and Donation by the user (viewer) can be made via a credit card. Creators' funds are held by Stripe in the relevant Stripe account until payment in accordance with the relevant contractual arrangements.
  6. The Operator bears no responsibility for the technical aspects of payments and monetary transactions that occur when using the Platform.
  7. The Creator grants the Operator all necessary authorizations to represent the Creator in the process of initiating and receiving payment of the Digital Content Price and Donation from the user (viewer), in particular for all actions related to initiating payment of the Digital Content Price and Donation , giving an instruction to make a payment or providing Stripe with all necessary information to make an instruction and process the payment. However, the Operator is not responsible for any issues related to payments and financial transactions between the user, the Creator and any other party, including Stripe. The Operator is also not responsible for whether the payment processor fulfills any of its obligations arising from its contractual obligation with the Creator.
  8. The Operator does not dispose of, hold or have in custody at any stage of the payment chain any payments or funds of users or Creators. The Operator does not have control over these funds at any point in this payment chain.
  9. Payment card details are stored with the payment service provider Stripe. The provider does not store any payment card information.
  10. a chargeback is made by a user (viewer) and the related refund of money for the purchase of content and Donation occurs - especially in the case of an unauthorized payment transaction, e.g. due to theft or misuse of a payment card - the Creator is responsible for returning funds in the full amount of the original card transaction and paying related costs, including in particular the Service Fee and Stripe fee. The Creator is also responsible for returning funds for the purchase of content and paying related costs in the event of any other successful claims, complaints or other payment disputes.
  11. The Operator does not handle or decide on chargebacks in any way. If the Operator is contacted directly by a user regarding a chargeback, the Operator will immediately forward such chargeback to the Creator and/or Stripe.
  12. The Creator is responsible for fulfilling his tax obligations under applicable laws (in particular, value added tax and income tax in his place of tax residence). The Operator does not collect taxes in any respect related to the Creators' sold content.
  13. The Operator is not responsible for fees charged by the user's bank for cross-border transactions and is not obliged to compensate users in any way for any fees associated with transactions, as it is not involved in any way in the payment transaction between the Creator and the user (viewer).
  14. , to the extent permitted by law, require a cost-justified fee from the Creator for the service pursuant to paragraph 2.8 .
  15. The operator reserves the right to change payment processors at any time and without prior notice.
  16. The Creator and the user (viewer) agree to the provision of personal data and data on payments made between them by the Operator to state administration authorities, if this information is required from the Operator by these authorities in accordance with legal regulations. At the same time, they are obliged to provide the Operator with the necessary cooperation. In the event of failure to provide the necessary cooperation, the Operator reserves the right to cancel the Creator's Account.
  17. Stripe stores an overview of the Service Fees paid by Creators to the Operator for the use of the Platform, including related documents, in the relevant Creator's account maintained with Stripe.
  18. The price of the digital content or the amount of the Donation , and therefore the amount of the Service Fee, are always known at the time of uploading the specific digital content to the Platform/before sending the Donation . In the case of an Increased Fee, the amount of the Increased Fee is known at the time when the Operator informs the Creator of the increase in the Service Fee via a message sent to the Creator's Account.
  19. The Operator shall issue and send the proof of the paid Service Fee to the Creator to the email address provided during the Account registration or it shall be available for download in the Creator's Account, in summary form, always after the end of the relevant calendar month, with an overview of the individual Service Fees paid for such calendar month. Tax documents for the Service Fees shall be kept in the Creator's Account for a period of 12 months from their issuance.

1. Content and content creation

TLDR: The Creator retains ownership and rights, including copyright, to the digital content that he uploads to the Platform. By using the Platform, the Creator acknowledges and agrees that the Operator is the rightful holder of the intellectual property rights to the functions and owns the Platform and the rights to the content, in particular the rights to grant consent to any use of the content to third parties, in particular to External Operators. The license also includes access for users who have paid for the content. The license ends when the Creator deletes the content, but the Operator may retain copies of the deleted content. The Creator is responsible for the legality and appropriateness of his content.

• 1. The Creator declares and guarantees that he has full ownership and all rights to the content created by him, which he places on the Platform. By uploading the content to the Platform, the Creator grants to the Operator and the External Operator a transferable, assignable, free of charge, irrevocable, non-exclusive, worldwide license with the right to grant sublicenses, in particular to use, modify, execute, reproduce, distribute, perform, publicly display or prepare derivative works from the content, copy and translate such content, as of the moment of first uploading such digital content to the Platform. This license is granted for the duration of the property rights to the given content.
  2. The Creator grants a non-exclusive license to access and display the content created by him to those users who have paid for the content in accordance with these GTC, through the Platform.
  3. The license under Articles 6.1 and 6.2 shall terminate within a commercially reasonable period of time after the period of making the digital content available under these GTC has expired, including the number of views set for Access without registration, and/or within a reasonable period of time after the deletion/disabling of the Prohibited Content. The period shall also apply to the situation where the Creator's Account is deleted in its entirety or only individual digital content is deleted or removed from the Platform. By uploading content to the Platform, the Creator agrees and acknowledges that the Operator may store copies of digital content that has already been removed or deleted on its servers, unless otherwise provided by applicable law.
  4. When uploading digital content to the Platform, the Creator is limited by the maximum total size of files that he can store on the Platform: (i) for videos, the maximum total size is determined and displayed directly in the Creator's User Account and ( ii )
     for photos and photo albums, the maximum total size is determined and published by the Operator on the Platform's website. After reaching the maximum allowed size, the Creator cannot upload any more digital content until part of the content is deleted or until the Operator increases the limit. The Operator is entitled to unilaterally change the storage capacity limits at any time, and the current limits are always listed in the Creator's User Account or on the Platform's website. The specified limits may be set differently for individual Creators and for the type of digital content (video versus photos).
  5. The Creator is solely responsible for all content created or placed on the Platform, including its legality, reliability, accuracy and suitability. The Creator is also responsible for any third-party rights to its digital content, if these third parties or their work have been processed and used for its digital content placed on the Platform. The Creator declares and agrees that in order to display the likenesses of any persons in its creative work, it needs their prior consent to use the likeness, before uploading this content to the Platform. The Creator further declares that its content does not infringe any rights of third parties, including copyright and other intellectual property rights, and in the event that this happens, it will fully compensate the Operator or External Operator for each individual case of such infringement.
  6. The User is not authorized to record, download or upload Creators' content published on the Platform without the Creator's express consent or in violation of these GTC or Platform instructions.
  7. The User is not authorized to change, modify or redistribute in any way the Creator's digital content that he/she has purchased or viewed on the Platform.
  8. By using the Platform, users acknowledge that the Operator is entitled to change, supplement or delete content or to make updates, upgrades and improve or otherwise change the Platform at any time, whether for the purpose of updates, to remove incorrect or questionable information or even without giving a reason.
  9. Users are not authorized to interfere with the source code of the Platform or the software of the External Operator and to further distribute, sell or otherwise provide this code or the Platform, or parts thereof. Users are not authorized to decompile the Platform or the software of the External Operator, attempt to derive the source code from them, modify them or create derivative works from them.
  10. The Operator hereby reserves all rights to the Platform not expressly granted under these GTC.
  11. Any use of the Platform or content in violation of these GTC may lead to the fulfillment of the facts of one of the criminal offenses, the emergence of an obligation to compensate the Operator or the External Operator for the damage caused, or the exercise of other rights arising from legal regulations.

1. Disclaimer of warranty, limitation of liability

TLDR: The Operator makes no warranties regarding merchantability, suitability or non-infringement of the content. The Operator is not responsible for the loss of data uploaded to the Platform and is not liable for incidental, consequential or punitive damages. Any liability is limited to the amount corresponding to the profit from the use of the Platform by the given user.

• 1. The Platform does not serve as a marketplace. All contracts and transactions are concluded directly between the user (viewer) and the Creator, who is solely responsible for his digital content, offers and their fulfillment. The Operator is not a seller or trader (not even in the case of Direct messaging ) and is not responsible for the activities of the Creator or for the quality or legality of his content.
  2. The Operator is not responsible for handling complaints, refunds or exchanges of the Creator's digital content. It only provides the necessary technical cooperation (e.g. in cooperation with Stripe) to ensure that claims against the Creator (including chargebacks ) can be successful.
  3. The Operator is not liable for any damage or harm resulting from the imitation of the Creators' content, including stunt, sports, risky or other acts or recommendations. Likewise, it is not liable for the use of mobile data or internet connection when using the Platform.
  4. The Platform is provided with reasonable care and in accordance with any published specifications. Unless otherwise expressly stated, it is provided "as is" and "as available" without any express, implied or statutory warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights or the assurance of specific results.
  5. The Operator does not guarantee the uninterrupted operation of the Platform or its error-free operation or protection against malicious software. It is not responsible for the functionality or content of third-party applications, devices, digital content, or for products or services offered by third parties through the Platform. It is also not responsible for any transactions between users and third parties.
  6. The Operator is not liable for the loss of data uploaded to the Platform or for the loss caused by the removal of digital content by the Creator or the Operator (regardless of whether or not it has been fully viewed or all views have been exhausted, or whether the access period set by the Creator has expired), if such removal is in accordance with the law or these GTC. Users are not entitled to financial compensation from the Operator for this reason.
  7. No advice or information given by the Operator – whether oral or written – shall create any warranty of any kind unless expressly stated in these GTC. Likewise, the Operator shall not be responsible or liable for any advice provided by any user on the Platform.
  8. To the maximum extent permitted by law, the Operator shall not be liable for any indirect, incidental, consequential, punitive or special damages, including lost profits, loss of data, ill-gotten gains or damages arising from a conflict of contractual provisions. The Operator's total liability to the user for damages in connection with the use of the Platform or these GTC shall not exceed the greater of: (i) the amount of EUR 200, or ( ii ) the total amount paid by the user for the use of the Platform in the 12-month period immediately preceding the occurrence of the damage .
  9. The limitations under this article do not apply to liability that cannot be contractually limited or excluded under applicable law.
  10. Nothing in this article limits the legal rights of users as consumers under applicable law.

1. Terms and Conditions of External Operators
   1. In accordance with the provisions of paragraph 1.4 of these GTC, i.e. in the case of using our services provided within the Platform through External Operators, users may be subject to the terms and conditions of the single sign-on service operator Google Inc., Meta or other services of another external service operator.
   2. In view of the above, the following conditions shall also apply when using the Platform :
      1. If the terms and conditions of the External Operators so stipulate and the user is considered a minor in his/her country, he/she needs the permission of a parent or legal guardian to use the Platform and accept the GTC. If additional age restrictions apply to the use of specific content or features of the Platform, the user is bound by and must comply with these terms and conditions.
      2. In the event of any issues with the content of the Platform, Google Inc., Meta or any other Third Party Service Provider shall not be liable for the content of the Platform.
      3. The Operator is solely responsible for the maintenance and support of the Platform, to the extent specified in these GTC. Google Inc., Meta or any other Third Party Service Provider shall not be responsible for the maintenance and support of the Platform.
      4. It is the sole responsibility of the Operator, within the scope of these GTC, to resolve and, where appropriate, settle all claims of users or other third parties in connection with the Platform or its use, in particular, but not exclusively, in connection with (i) claims arising from possible non-compliance of the Platform with relevant legal regulations and requirements; ( ii ) claims arising from consumer protection, privacy or similar legal regulations.
      5. In the event that a third party claims that the Platform infringes the intellectual property rights of that or a third party, the Operator is solely responsible, within the scope of these GTC, for verifying such a claim arising from infringement of intellectual property rights.
      6. By starting to use the Platform, the user declares that he/she is not using the Platform from a country that is under embargo by the United States of America or that has been designated by the United States of America as a country supporting terrorism, and that the user is not on the list of prohibited entities maintained by the United States of America government. At the same time, the user undertakes to comply with these terms and conditions throughout the entire period of use of the Platform.
2. Statement on the use of artificial intelligence
   1. The Operator declares that for the purposes of identifying and preventing the spread of Prohibited Content, it uses artificial intelligence, Google Vision AI, which is operated by Google LLC (" Google ").
   2. By using the Platform, the content of which is subject to the Operator's control through Google Vision AI, users agree to comply with all applicable terms of use set forth by Google. Users are required to regularly check the current version of the terms.
   3. Users acknowledge that:
      1. Google may modify its general terms of use or the terms of specific services, including Google Vision AI;
      2. Users are responsible for complying with these changes.
   4. The Operator makes no warranties as to the availability, accuracy, reliability or functionality of the Google Vision AI service. Users acknowledge that all liability for this service is governed by Google's terms and conditions set out in their general terms and conditions of use.
3. Dispute resolution, jurisdiction and applicable law

TLDR: All disputes will be resolved primarily amicably, otherwise by courts in accordance with these GTC and applicable regulations and while respecting applicable consumer law. These GTC are governed by and construed in accordance with the law of the Czech Republic. Consumer rights arising from another jurisdiction, if applicable, are not affected by these GTC .

• 1. These GTC shall be governed by and construed in accordance with the laws of the Czech Republic, excluding its conflict of laws principles. However, in some countries (including countries of the European Union), laws apply that require contracts to be governed by the local laws of the consumer's country. This provision therefore does not prevail over such laws.
  2. Any disputes related to the use of the Platform that cannot be resolved amicably will be resolved by the competent courts of the Czech Republic ; unless you could choose to initiate legal proceedings in your country of residence under mandatory law or unless we are obliged to initiate legal proceedings in your country of residence .
  3. You may only resolve disputes with the Operator individually. You may not bring claims as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney actions, and consolidations with other arbitrations are not permitted. If this particular paragraph is found unenforceable, this provision will be deemed severable from the other parts of the TOS and deemed void (the remainder of the TOS will remain in effect) .
  4. These GTC do not limit any consumer protection rights that the user may have under the mandatory laws of his country of residence.

1. Final provisions
   1. The bodies for out-of-court resolution of consumer disputes in the European Union, Iceland and Norway are listed on the European Commission website, which is regularly updated ( https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=cs&etrans=cs ). All of these bodies have been approved by the competent national authorities as meeting the standards of quality, impartiality and fairness under Directive 2013/11/EU on alternative dispute resolution for consumer disputes regarding fairness, effectiveness and accessibility.
   2. These GTC and all referenced policies are the entire agreement between users and the Operator and supersede all previous agreements.
   3. Upon termination of the Account on the Platform or termination of these GTC, all rights and obligations associated with them shall cease, with the exception of the following :

a) the user remains responsible for fulfilling all obligations arising from transactions concluded before termination and for all liabilities that arose before or in connection with termination;

b) those provisions of these GTC which by their nature go beyond the termination of the contractual relationship, in particular the provisions on:

• payments and fees,
• digital content,
• protection of personal data and confidentiality of information,
• intellectual property,
• limitation of liability,
• compensation,
• dispute resolution, choice of law and jurisdiction,
• and any other provisions that are intended to survive termination of the account or these Terms and Conditions.

c) The Creator acknowledges and agrees that the current version of the GTC will always apply to all digital content that remains accessible to users after the closure of his Account until the end of all viewings or displays of this content.

• 1. If any provision of these GTC proves to be legally unenforceable, then it will be automatically amended in such a way that it is enforceable to the necessary extent. If the provision cannot be amended in this automatic way, then such provision of the GTC will be considered severable from the GTC and will not be taken into account. However, all other provisions of the GTC will remain in force.
  2. The fact that either party does not exercise its right under these GTC does not mean that it waives the possibility of exercising and enforcing this right in the future.
  3. The UN Convention on the International Sale of Goods is expressly excluded from the application of these GTC.
  4. The Provider reserves the right to unilaterally change these GTC and the Price List. Changes will be notified by e-mail, always at least 15 days in advance. By continuing to use the Platform even after the change to the GTC and/or Price List comes into effect, the User declares that he/she is aware of and agrees to these changes.
  5. All communication between the Operator and users will take place via the email address provided during registration or to which the user received the access link to the digital content for Access without registration.
  6. These GTC come into effect on 10.3.2026.