Terms and Conditions
Terms of Service
Welcome to Tradeforge!
Introduction. We are Tradeforge s.r.o., ID Number: 216 66 717, with registered seat at Lidická 700/19, Veveří, 602 00 Brno, Czech Republic, registered in the Commercial Register maintained by District Court in Brno, File No.: C 139649 (“Tradeforge” or “we,” or “us”) and we operate the platform available at www.tradeforge.app and mobile application (the “Platform”) that enables its users (the “User”) to use the services available via the Platform consisting in (i) trading services of a regulated entity (the “Broker”), (ii) using the investment portfolio and investment strategy content created by expert investors (the “Expert Investor”) and (iii) access to the Platform and using any application functionalities, services, applications, software, features and products that are accessible through our Platform (the “Services”).
Terms. These are our Terms of Service (the “Terms”) which form an agreement on provision of the Services between you as the User or the Expert Investor (“you”) and us (the “Agreement”) and we recommend you to read them as whole and make sure you understand it. If you do not accept any part of the Terms, then you may not use the Services and the Platform. These Terms govern our mutual rights and obligations arising in connection with or under the Agreement. These Terms are an integral part of the Agreement. By using the Platform you agree to these Terms and to the other policies we post.
Important information. We would like to highlight some of the rights or obligations arising from the Terms which we consider as good to highlight:
The Terms and our mutual relationship is governed by Czech law even if it contains international (foreign) aspects. However, this provision does not affect any local applicable consumer rights.
Please note that if you provide us with wrong or incomplete data or information when registering the Account on the Platform, we are not liable for any harm or damage which may be caused by that.
Please note that we are entitled, at our sole discretion, to temporarily or completely disable the use of the Account if you breach your obligations under the Agreement or in connection with the use of the Platform, or you violate the applicable laws and generally binding legal regulations, depending on the severity of such a violation.
The materials and data contained in the Platform are protected by applicable copyright and trademark law.
We may unilaterally change or amend the wording of the Terms at any time. The new wording of the Terms and Conditions is effective on the 15th day of its publication on the Platform. We will inform you about such a change via the Platform and when you log into your Account. If you do not agree with the new wording of the Terms, you may immediately terminate the Agreement by the Platform. This shall be done without prejudice to the rights and obligations arising during the period of validity of the previous wording of the Terms. If you do not exercise your right to terminate the Agreement, the new wording of the Terms will be considered as accepted.
Privacy Policy. For information about our personal data protection practices, please see our Privacy Policy, including our Cookie Policy, available here. We can collect and use your information in accordance with those policies.
Contact details. We do not use chatbots for communication. If you need to contact us, you can do so via the following contact details:
Tradeforge s.r.o. - Lidická 700/19, Veveří, 602 00 Brno, Czech Republic
Tel. [tel]
e-mail [e-mail]
Regulation. As we are an “intermediary service provider” and we operate the “online platform”, we need to comply with several EU regulations. These include the following:
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (the “DSA”);
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (the “P2B”).
These Terms specify the necessary information about the respective rights and obligations arising from the DSA and P2B regarding the illegal content on our Platform (DSA) and necessary transparency, fairness and effective redress for the Brokers and Expert Investors (P2B). The contact e-mail [xxx] and it is also a designated point of contact for you and also for state authorities regarding the matters related to the DSA; it is possible to communicate with us in Czech, English and [xxx].
Summary. Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.
Using the Platform
Platform access. Under the Agreement, we undertake to provide you with the Services to the extent permitted by the functionalities of the chosen type of the Account, therefore, we will allow you to use the Platform, manage your Account and, if necessary, to get access to other services that the Platform makes possible for you through the Account.
Extent of the Platform. The Platform contains:
Expert Investors profiles and content - [xxx] (the “Expert Content”)
Trading services and investment tools - [xxx] (the “Trading Services”)
User profiles and content - [xxx] (the “User Content”)
Tradeforge content and data - [xxx]
Profiles. [xxx]
Expert and User Content. Please note that the Expert and User Content, is for information and following purposes only and does not constitute promotion or approval of the portfolios, instruments, products, services, brands, or ideas described or depicted.
Portfolio Specifics. [xxx]
Trading Services. You acknowledge that using the trading services with the respective Broker through the Platform does not create any contractual relationship between us and you. All contractual relationships arising from the using the trading services are established between the respective Broker and you and this relationship is governed by the respective terms of such a Broker.
Platform Availability. You acknowledge that the Platform or the Account do not need to be available around the clock, especially with regard to the necessary maintenance of our hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties that provide us with the operation of the Platform or other related services, due to force majeure, third party action or power or connectivity failure. You will be notified of any outages of the Platform, if possible, through the Platform or your Account.
Default Ranking. The default setting of the ranking of the profiles during the Users’ searching or browsing on the Platform is “recommended” (the “Default Ranking”). Tradeforge also offers other ways to rank Expert Investors and their profiles such as by their experience, by number of reviews or by lowest or highest price. Additional ways may be added. Tradeforge does not provide similar or identical services to the Users on the Platform, therefore there is no differential approach with respect to the Default Ranking.
Tradeforge Account
TLDR: To create an Account you must be at least 18 years old. You are responsible for your Account.
Account. When you create an account on the Platform (the “Account”), you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.
Age requirement. To create an Account, you must be at least 18 years old.
Personal Access. You shall use the Platform and Account solely for your own personal use, in your own name, and subject to the terms of the Agreement. You must not make your Account available for use by any other person. You may not establish more than one (1) Account. You are responsible for anything that occurs when anyone is signed into your Account, as well as the security of the Account. Please contact us immediately if you believe your Account is compromised.
Account Information. If the provided information is insufficient, or if we or the Broker identify a risk related to the provision of Services to you, we may require additional information from you prior to the provision of Services. You acknowledge that we and the Broker reserve the right not to provide any Services to a particular User at our sole discretion. If we and the Broker accept your application, we will confirm registration of an Account for you. If we and Broker accept your application, your Account will be established and you will be able to start using Services.
Accuracy of the Information. If any information provided by you is found to be inaccurate, false, or otherwise misleading, we may suspend or terminate the provision of any Services to you (including any pre-paid Services), without any compensation to you. You agree to notify us and/or the Broker of any changes to the information provided through the Platform, mainly but not exclusively the information provided as part of the Account application or any appropriateness assessment, without undue delay upon their occurrence.
Assessment of the Services. We or the Broker may be required, in accordance with the applicable legislation, to assess if an instrument that you intend to purchase is appropriate for you. In such a case, we may require any reasonably requested information necessary for such assessment. If the instrument is deemed inappropriate for you, the provision of Services will be unavailable to you on the Platform. You agree and acknowledge by accepting Terms that such assessments are performed on the basis of information and documents provided by you. We and the Broker may rely upon the information and documents provided by you and are not responsible for any damages or losses that may arise from any inaccuracies.
Account Succession. We and the Broker reserve the right to take any action related to your Account including, but not limited to, closing the Account, liquidating your positions in the held instruments, or otherwise restricting the Account activity if we or the Broker, in our reasonable discretion, deem such action necessary to remain compliant with the applicable law. If you die or become incapacitated and your legal heirs or representatives want to withdraw any remaining balance in your Account, they must provide us and the Broker with official duly-authenticated legal documents from the applicable authorities in the relevant jurisdictions. We and the Broker will only allow your legal heirs or the representatives to recover funds or any positions in the held instruments after the Broker checks such documents, and is satisfied that the requestor has the authority to do this.
Scope of the Trading Services
Trading Services. Platform connects you and the Broker to provide execution-only service. You are solely responsible for any investment decisions made when using the Platform. We or the Broker are not responsible in any way for any transaction decision you make. Trading is risky and the main risk of using our Platform is the risk of losing a part of or all the money you deposit as a consequence of rapid and volatile changes in the value of the instruments.
Regulatory Requirements. We will not assist you with any obligations which you are required to carry out under the applicable laws. This includes, but is not limited to regulatory reporting, tax reporting, the reporting of the receipt, or the payment of specific currencies applicable to you. We do not provide personalized investment recommendations or investment or tax-related advice. Any explanation or information, that is given to you as part of the Services provided, is not and should not be considered as any such advice.
Platform Focus. The Platform is not an exchange or financial market. This means that you can only submit trading orders for execution by the Broker on the Platform, and not by any third parties; you will not be able to transfer already-held instruments into your Account, out of your Account, or to a third party at any time.
Restricted Territories. We may not be able to provide access to the Platform or certain Services within certain territories (the “Restricted Territories”). The list of the Restricted Territories might change in accordance with applicable legislation. The Platform and Services might not be available if you are traveling to Restricted Territories.
Abusive conduct
TLDR: Do not violate our policies or law, if you do, we may terminate your Account or take other action against you.
User Responsibility. You are responsible for all activity on your Account. If you violate our policies we may terminate your Account.
Illegal conduct. Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. As a result, we also look at what you do with your Account in our Platform. Our policies cover most issues, but if you find a new and creative way to hurt Tradeforge or our community we may, at our sole discretion, take action to prevent it.
Trading Services Procedure
User Funds and Payments. In order to be able to purchase any instruments, you need to deposit funds in your Account. We will not have discretionary authority in any Account. You may be able to use a bank account transfer, debit or credit card payment, an electronic wallet, or any other means of payment enabled via Platform at the given time to deposit funds in its account. The Broker may accept different means of payment from residents of different territories. Any deposits, withdrawals, and handling of funds will always be subject to a commission contract with the Broker (the “Commission Contract”).
Prices. The Platform will display the indicative price to buy, and the price to sell for each instrument. If you wish to purchase an instrument, you need to place a trading order via Platform. Upon placing a trading order, we will transmit the trading order to the Broker and the corresponding amount of your funds deposited with the Broker will be blocked. You acknowledge that due to regulatory reasons, the Broker may not be able to accept all submitted trading orders. If a trading order is not accepted by the Broker, we will notify you thereof and release blocked funds back to you.
Broker’s Terms. Execution services with respect to each trading order will be provided by the Broker subject to the terms and conditions of the Commission Contract. The Broker will also be responsible for receipt and pay-out of funds, provision of custody services with respect to any instruments, and their safekeeping subject to the terms and conditions of the Commission Contract.
Termination. When the Agreement is terminated, when you decide to terminate your Account or in any other event when closure of Account is foreseen in these Terms, your position in the held instruments will be liquidated by the Broker in accordance with the terms of the Commission Contract.
Data Access. You acknowledge that Broker will allow us a view-only access to the relevant data related to your Account and each individual transaction in a machine-readable format allowing automated data scans, optimization, and other similar operations for the purposes of provision of the Services. For the avoidance of doubt, we will not be handling any funds.
Payments
Free Access. We provide access to the Platform and certain Services related to it free of charge, in accordance with these Terms. Certain Services may be available for purchase via the Platform for a fee subject to executing a Services order via our Platform.
Payment Methods. All applicable fees will be paid via bank transfer or through a payment gateway in the outlined currency and the Services will be made available to you when the applicable fee is received by us.
Non-refundable. All fees are non-refundable and payment obligations are non-cancellable, unless expressly stated otherwise in the Agreement or as provided for under the applicable laws. You are not authorized to offset any of your claims against any of our claims, nor you are authorized to retain payments, in any manner, intended for us regardless of the nature or purpose of such payments. We are authorized to offset our claims against your claims.
Limitation of Liability. You expressly understand and agree that Tradeforge shall not be liable for any technical aspects of payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that (i) all payments and monetary transactions are handled and (ii) the funds are held up until the pay-out by the payment processor we choose to work with in the future. You agree that Tradeforge shall not be liable for any issues regarding financial and monetary transactions between you and any other party. Tradeforge is responsible for any instructions it gives to the payment processor. However, Tradeforge is not responsible for the payment processor meeting any of its obligations.
Payments Withholding. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.
Access to the Funds. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect Users, we may block Users’ payments if we believe them to be fraudulent.
Negative Balance. Sometimes activities like refunds can put your Account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.
Restricted Solicitation. You may not solicit payments from Users in other means, especially by posting your bank account information for direct deposits. Doing so is a severe violation of our Terms.
Expert Content and Portfolio Fees
TLDR: The fee is specified within the Expert Investor Profile on the Platform. You need to add a payment card to the payment processor to be able to copy an Expert Investor’s Portfolio. Depending on your location some banks may charge you a foreign transaction fee.
Fee. The amount of fee for copying Expert Content and Portfolio is available to each User within the respective Expert Investor Profile on the Platform (the “Fee”). The Fee includes payment processor fee and Tradeforge fee. The Tradeforge fee is designed to cover file storage and our development to keep advancing the Platform for its Users.
Payment Card. If you are looking to copy Expert Content and Portfolio you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor. Tradeforge reserves the right to change the payment processors it uses at any time and without notice to you. Tradeforge does not store any payment card information.
Change of the Fee. We reserve the right to change our fees and charge additional fees in the future for any type of transaction.
Chargeback. If a User successfully requests a chargeback from a banking institution resulting in the refund of the payment, in particular, if a User´s credit card is stolen or misused, Tradeforge will pay the chargeback fee to the banking institution and the User will refund the amount to the respective User. Tradeforge will not pay the chargeback fee and the User will not be obliged to refund the payment in case the banking institution does not accept the chargeback request and/or accepts our counter dispute.
Tax
TLDR: We collect and report what we are required to collect and report. We pay taxes we are required to pay, and the Users are obliged to pay taxes that they are required to pay.
Tax Identification. We collect tax identification information and report this to tax authorities if we are legally required to do so. You are responsible for reporting any income or withholding taxes that may be due as a result of payments received.
For the purpose of electronically-supplied services, Expert Investors make a supply of those services through our Services to other Users.
Taxes. In jurisdictions where Tradeforge is required to collect transaction tax from the Users, pledges processed from Users will reflect the amount pledged plus the applicable tax. Applicable tax will not be taken from a pledge, but rather will be charged in addition to the pledge. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page.
User Tax Undertaking. As a User on the Platform, it is your responsibility to determine what, if any, taxes apply to the pledges you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. These might include but are not limited to income tax and VAT on payments for electronically supplied services to Users.
Restrictions
TLDR: We do not allow creations that violate our policies or law, if we believe that the creation is in breach of our policies or law, we may remove it at our discretion. We also do not allow any form of explicit or mature content or any type of content that is listed on the Prohibited and Restricted Businesses policy of payment processor and we delete such content immediately from our Platform. A User's Account is untransferable.
Restricted Actions. We don’t allow creations and benefits that violate our policies or law. A summary of some of those rules is that we don’t allow:
Illegal creations or benefits.
Creations or benefits that use others' intellectual property, unless you have written permission to use it or your use is protected by fair use.
Benefits that involve raffles or prizes based on chance.
Creations or benefits consisting of pornography and any other mature audience content depicting nudity, erotic or explicit sexual acts.
Creations or benefits that are intended to promote or offer services such as prostitution, escorts, pay-per-view mature audience content depicting nudity or explicit sexual acts, sexual massages, and adult live chat features.
Creations which are derogatory, offensive, outrageous or socially unacceptable references, comments, phrases, words or graphic, or other gestures regarding religion, race, sexual orientation, gender, or other target groups, or that may interfere with personal rights (personality, dignity, honor, seriousness, privacy, personal portrayal, bodily integrity) or be of any threatening, hateful, harassing, obscene, deceptive, defamatory, abusive or offensive nature, in particular, where such reference or comment is capable of causing harm to an individual or a target group.
Content Report. If we reasonably believe that any creation or content uploaded on our Services by anyone is in breach of these Terms or may cause harm to Tradeforge, our Users, or third parties, we may remove or take down that creation or content at our discretion.
Prohibited Content. We strictly do not allow creations and benefits containing or consisting of any of the Prohibited and Restricted Businesses listed by our payment processor on their website, as amended from time to time. If we believe that any creation or content uploaded on our Services by anyone is in breach of this prohibition, we will (i) remove or take down that creation or content and (ii) suspend or terminate their Account, both at our sole discretion.
Content Review. We review content uploaded to the Platform regularly, and if we find content that we don't allow on the Platform, we remove it and notify the User of the removal. We do not use algorithms in our review, content is reviewed by members of our team at their discretion. Our team's decision to remove content cannot be reversed in any way.
Illegal Content. If you notify us that there is illegal content on the Platform, we will confirm the receipt of the notification and evaluate it as described above. Once we have taken action to moderate the content, we will inform you and the relevant User of our decision and briefly explain the reasons behind it. We reserve the right not to process a notification that is incomprehensible or that does not make it clear what content it relates to.
Data Security. You are also responsible for keeping the downloaded or used data on the Platform safe. An Account is tied to you and cannot be sold or transferred for use by another User.
Tradeforge’s role
TLDR: We try to monitor pages and posts on Tradeforge and review reported pages to identify potential violations of these Terms, other policies or law. If you see any violation, please let us know!
Content Control. We proactively look at some pages and posts on Platform to make sure Users follow these Terms. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Platform.
Content Moderation. We would like to inform you about moderation of the content published on the Platform. Tradeforge will never change the content published by the User or Expert Investor however, Tradeforge may check the content published by the User or Expert Investor on the Platform before and after its publication to ensure that such a content does not violate the Agreement, these Terms and general binding laws and regulations, and publish the content only after such check has been carried out or to delete such a content if it is already published. If the content published on the Platform violates the Agreement, these Terms and/or general binding laws and regulations, Tradeforge may decide not to publish such a content or remove it from the Platform if it has been already published. Neither an algorithmic nor automated review of the content will be used, all the reviews will be strictly processed by humans.
Deleting the Content. If Tradeforge decides not to publish or to delete the content according to clause 11.2, Tradeforge informs the User or Expert Investor about such decision and its reasons via e-mail. If the User or Expert Investor does not agree with such a decision, they may oppose Tradeforge’s decision via e-mail within 15 days of its receipt. After such opposition, Tradeforge without undue delay reviews its decision within 30 days through a committee consisting of at least three persons from Tradeforge who were not involved in the original decision, and notifies the respective User or Expert Investor of the committee's decision by e-mail. Opposing the decision of the committee is not possible.
Impacts of Violation. In most situations, we will work with Users to resolve any potential violations and allow the User to continue using the Platform. Terminating Accounts is not an action we take lightly and is done in only the most extreme cases. Please let us know if you see potential violations of these Terms.
Updates and Upgrades. We are constantly testing out new features with the goal of making the Platform better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.
Verification of the Information. With your permission, we may give other websites or services the ability to verify information about your Account or perform actions on your behalf. This permission is asked for when you connect your Account to these other websites or services. You can learn more in our Privacy Policy.
Popular Users. We allow you to access an overview of Expert Investors and popular Users on the Platform. Users listed in the popular section are selected by the Tradeforge team and sorted in random order.
Canceling an Account
TLDR: If you would like to, you may delete your Account. We can terminate or disable your Account at our discretion.
You can permanently delete your Account by accessing your profile settings.
We can terminate or suspend your Account at any time at our discretion. We can also cancel any posts or benefits at our discretion.
These Terms remain in effect even if you no longer have an Account.
Content
TLDR: You permit us to use your content and creations on the Platform, but you keep complete ownership of them. Make sure you have the right to use the content and creations that you offer on the Platform.
Ownership of the Content. You keep full ownership of all content and creations that you offer on the Platform, but we need licenses from you to operate the Platform effectively.
License. By posting content and creations on the Platform you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content and creations. The purpose of this license is strictly limited to allow us to provide and promote the Platform to other Users. We will never try to steal your creations or use them in an exploitative way.
Third Party Rights. You may not post content and creations that infringe others' intellectual property or proprietary rights.
Responsibility. You are also responsible for all content created or provided by you on our Platform. You understand and acknowledge that you are responsible for any content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Content Use Restrictions. Users may not use content and creations posted by other Users in any way not authorized by the User or the Platform.
Content Reporting and Notice
Content Reporting. If you consider some content published on the Platform to be illegal, you may report that via e-mail. It is possible to use the form attached to the Terms as Annex 1. Once we receive such a report, we confirm receiving the report to you via e-mail. We also, without undue delay, notify you about our decision in respect of the information to which the notice relates and provide you with the information regarding the possibilities for opposing such a decision.
Notice Information. If you miss or do not include some of the information as required by the form in Annex 1, you take into account that your notice may not be processed due to the lack of necessary information on our side.
Notice Processing. We will process all the notices which include necessary information in a timely, diligent, non-arbitrary and objective manner. We do not use any automated and decision-making means for such processing.
Third-party apps
TLDR: To get the most out of our Platform you may grant Tradeforge permission to access third-party apps. You may also grant third-party apps access to your Account. You may revoke these permissions at any time.
Access. You may grant Tradeforge access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Platform features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Tradeforge can access.
User Data. To ensure a smooth User experience, we keep working on Platform’s integration with other apps. You may thus authorize certain third-party apps to access your Platform data. In doing so, you instruct us to grant the third-party app access to the selected extent of your information. You may need to consent to the third-party app’s specific terms of use. Our privacy policy applies.
Revocation. At any time, you can revoke Tradeforge’s access to those accounts using the respective third party’s security settings page.
Tradeforge’s creations
TLDR: We encourage you to use our intellectual property to promote your Tradeforge page, but do not use our intellectual property for anything else without permission.
Copyright Protection. Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Tradeforge page or profile.
Copyright Restrictions. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.
Data Collection. You may not scrape, collect, process or in any other way use our data or any other content of the Platform unless we give you permission in writing.
Indemnity
TLDR: To the extent permitted by law, you indemnify us from all losses and liabilities, including legal fees, that arise from these Terms.
To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of the Platform. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
Warranty disclaimer
TLDR: The Platform is provided “as is” and without any warranty.
No Warranty. The Platform is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitting into a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. We are not responsible for technical outages in our systems or third-party systems. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.
Loss of Data. You acknowledge and agree that Tradeforge shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.
Limitation of liability
TLDR: To the extent permitted by law, we are released from liability. If you lose money as a result of using the Platform, any payment to you is limited to the amount of money we have earned through your use of the Platform.
Liability Limitation. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of the Platform. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the Platform in the past 12 months. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.
Dispute resolution and Governing law
TLDR: Please try to resolve any disputes with us amicably. Terms are governed by the laws of the Czech Republic. Disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.
Amicable Dispute Resolution. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of the Platform, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Czech Republic. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Jurisdiction. All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Czech Republic.
Alternative dispute resolution for consumers
Consumer. If you (as a User) are also a consumer, i.e., you conclude the Agreement with us outside your business, according to the Czech Act No. 634/1992 Sb., the Consumer Protection Act, you as a consumer have the right to an alternative dispute resolution of a consumer dispute arising from the Agreement. In such a case, you may contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1, Czech Republic, e-mail: adr@coi.cz, website: www.adr.coi.cz).
Alternative Dispute Resolution. The alternative dispute resolution of a consumer dispute is always initiated only at your request, in the event that you have not been able to resolve the dispute with us directly (if it concerns the provision of our services).
Application. You can file an application for out-of-court dispute resolution no later than one year from the date you first exercised your right in dispute with us - simply put - when you first complained to us.
Out-of-court Dispute Resolution. In addition, you can also initiate out-of-court dispute resolution online on the ODR platform available at www.ec.europa.eu/consumers/odr.
Miscellaneous
TLDR: These Terms and other policies are the entire Agreement between you and us. We may sometimes make changes to these Terms and other policies, if we do so significantly, we will let you know!
Whole Agreement. These Terms and any referenced policies are the entire Agreement between you and us, and supersede all prior agreements and don’t create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.
Exclusion of the UN Convention. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.
Changes to the Terms. We may unilaterally change or amend the wording of the Terms at any time. The new wording of the Terms and Conditions is effective on the 15th day of its publication on the Platform. We will inform you about such a change via the Platform and when you log into your Account. If you do not agree with the new wording of the Terms, you may immediately terminate the Agreement by the Platform. This shall be done without prejudice to the rights and obligations arising during the period of validity of the previous wording of the Terms. If you do not exercise your right to terminate the Agreement, the new wording of the Terms will be considered as accepted.
Notifications. We will send you information relating to your Account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Trade License. We are entitled to provide you with the Services and operate the Platform based on a trade license; the trade license control is performed, within the scope of its competence, by the relevant trade license office. We are also subject to the supervision of the Czech Trade Inspection Authority regarding compliance with the Czech Act No. 634/1992 Sb., Consumer Protection Act, as amended.
Questions. If you have any questions or concerns regarding these Terms or other policies, please contact us.
These Terms shall come into force and effect on XXX 2025. Subject to change.
Annex 1
NOTICE AND ACTION FORM
Sent by (name and surname):
Contact details (e-mail):
Explanation why do you consider the content to be illegal:
Clear identification and description of the content you consider to be illegal (URL address and if necessary additional information enabling the identification of the illegal content):
By sending this report you confirm your bona fide (genuine) belief that the information and allegations contained therein are accurate and complete