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TERMS AND CONDITIONS (T&C) OF THE BATNER APPLICATION
Version: 3.0 (Complete Edition)
Effective Date: March 1, 2026
I. Introductory Provisions and Operator Identity
1.1. Operator: The Batner mobile application and platform (hereinafter referred to as the "Platform") are operated by:
• Name: Bc. Tomáš Vass
• Registered Office: J. Božana 3135, 738 01 Frýdek-Místek, Czech Republic
• Company ID (IČO): 88656403
• VAT ID: Non-VAT payer (Identified person for VAT purposes)
(Hereinafter referred to as the "Operator").
1.2. Role of the Operator: The Batner Platform operates exclusively as a digital advertising space and a technological intermediary. The Operator does not enter into purchase agreements concluded between users (the Buyer and the Seller). The Operator does not sell, purchase, own, store, or physically inspect any goods or services.
1.3. Complete Exclusion of Liability for Transactions: All agreements, transactions, and communications take place exclusively between users at their own risk and responsibility. The Operator bears absolutely no legal or financial liability for product defects, non-delivery of goods, fraudulent behavior of users, or any disputes arising from completed or uncompleted trades.
II. Methods of Advertising and Payments
2.1. Standard Advertising (Off-Platform): If users agree on payment and delivery outside the Platform (cash, in-person handover, cash on delivery), the Operator does not intervene in this relationship, does not monitor its progress, and bears no responsibility for its outcome.
2.2. "Buy Now" Feature (Stripe Connect):
• When using secure online payments, the technical processing of the transaction is handled exclusively by Stripe Payments Europe, Ltd.
• The user receiving the payment enters into a direct contractual relationship with Stripe. The Operator does not hold users' funds in its own bank accounts.
• For the use of the technological infrastructure and transaction facilitation, the Operator charges a service fee (commission) of 7% of the total transaction value.
• The responsibility for resolving any payment disputes (e.g., Chargebacks) or issuing refunds lies directly with the Seller towards both Stripe and the Buyer.
III. Content Rights and Licensing (Videos, Photos, Audio)
3.1. Content Licensing: By uploading any content to the Platform (in particular videos, photographs, text descriptions of advertisements, and audio recordings), the user grants the Operator a non-exclusive, royalty-free, perpetual, and worldwide license to use such content.
3.2. Marketing Use: The Operator is authorized to modify, shorten, reproduce, and publicly distribute this content (both videos and photos) in any way, primarily for the purposes of operating, improving, and marketing the Batner Platform (e.g., use in advertising campaigns on social media, promo videos, on the App Store/Google Play, or on websites).
3.3. User Responsibility: The user hereby declares that they own all necessary copyrights to the uploaded content and that its publication and subsequent marketing use by the Operator will not infringe upon the rights of third parties (including the right to the protection of personality of persons depicted in the photos or videos).
IV. Specifics of Selling Digital Services and Courses
4.1. Prohibition of Automated Digital Content: Due to the rules of distribution platforms (Apple App Store, Google Play), the Platform does not support the automatic downloading or playback of sold digital content (e-books, videos) directly within the application.
4.2. Provision of Mediated Services: If a user sells access to a course or digital materials, they are required to deliver them to the Buyer manually (e.g., by sending a link to external storage, or sending the file or access credentials via chat). The Operator is not responsible for the functionality of external links or the quality and content of the delivered materials.
V. Prohibited Content and Behavior
5.1. Prohibited Items: It is strictly forbidden to offer:
• Weapons, illegal drugs, prescription medications, and over-the-counter drugs.
• Animals protected by the CITES convention without providing valid documentation. Any sale of animals must always be accompanied by a real photograph.
• Sexual aids, erotic services, and pornography.
• Stolen goods or counterfeits of protected brands.
• Any goods and services whose sale violates the legal regulations of the EU or the USA.
VI. Taxes, Legal Obligations, and Police Cooperation
6.1. Tax Responsibility: Each user is solely responsible for declaring and remitting taxes (income tax, VAT) on their sales made through the Platform.
6.2. DAC7 Directive: The Operator has a legal obligation to record and report to the relevant tax authorities those users who utilize the online payment feature ("Buy Now") and exceed the statutory thresholds (e.g., 30 sales or EUR 2,000 per calendar year). The Platform utilizes automated tools provided by Stripe for this purpose.
6.3. Cooperation with Law Enforcement: The Operator fully cooperates with law enforcement authorities (Police of the Czech Republic, courts, etc.). In the event of suspected fraudulent or illegal activity, the Operator will provide IP addresses, phone numbers, location data, chat logs, and transaction history upon request by state authorities, in accordance with applicable legislation. By this provision, the Operator does not assume the role of a guarantor or investigator.
VII. Technical Operations and Final Provisions
7.1. Service Outages: The Operator strives for maximum availability of the Platform but does not guarantee its uninterrupted operation. The Operator is not liable for any lost profits or damages caused by server outages, scheduled maintenance, or software bugs.
7.2. Governing Law: These Terms and all relationships arising from them are governed by the legal system of the Czech Republic. Any legal disputes shall be resolved by the materially and locally competent courts of the Czech Republic.
7.3. Changes to the T&C: The Operator reserves the right to amend these T&C at any time. Users will be informed of any changes within the application (e.g., via notification or upon login). By continuing to use the Platform, the user expresses their agreement with the new T&C.