Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Platform" or "BlankAdSpace" refers to the online marketplace operated by [Company Name], including its website, mobile applications, and related services.
• "User" means any natural or legal person who accesses or uses the Platform, including Advertisers and Space Owners.
• "Advertiser" means a User who uploads advertising content and seeks to rent advertising spaces through the Platform.
• "Space Owner" means a User who owns or has the legal right to rent out advertising spaces and makes such spaces available through the Platform.
• "Advertising Content" means any text, images, graphics, videos, audio, or other materials uploaded by an Advertiser for display on an advertising space.
• "Advertising Space" means any physical or digital location where advertising content may be displayed, including but not limited to billboards, digital screens, vehicle wraps, building facades, and online advertising spaces.
• "Rental Period" means the agreed period during which advertising content is displayed on an advertising space.
• "Advertising Contract" means the contract concluded directly between an Advertiser and a Space Owner for the rental of an advertising space.
• "Payment Service Provider" means a licensed third-party payment service provider authorized under Directive (EU) 2015/2366 (PSD2) that processes payments on the Platform.
• "Service Fee" means the commission or fee charged by the Platform for facilitating transactions between Users.
• "Escrow" means the holding of funds by the Payment Service Provider until the completion of the Rental Period or resolution of any disputes.
• "DSA" means Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act).
• "GDPR" means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data.

2. Scope of Services

2.1 Intermediary Services

BlankAdSpace operates solely as an intermediary (marketplace) providing technical infrastructure and payment facilitation services. The Platform:

• Facilitates connections between Advertisers and Space Owners;
• Provides technical infrastructure for uploading, reviewing, and managing advertising content;
• Facilitates payment processing through licensed Payment Service Providers;
• Does not act as a contracting party to Advertising Contracts;
• Does not create, modify, or approve advertising content;
• Does not guarantee the quality, legality, or compliance of advertising content or advertising spaces.

2.2 No Prior Content Moderation

The Platform does not engage in prior content moderation of advertising content, except where legally required under applicable EU law or the DSA. The Platform operates as a hosting service provider within the meaning of Article 3(h) of the DSA.

2.4 Lean Full-Service Intermediary & Print Partner Model

BlankAdSpace operates exclusively as a technology intermediary, marketplace facilitator, and payment escrow guarantor. In relation to physical production (printing, banners, coasters) and logistics:

• Self-Fulfillment Option: Where an Advertiser selects the self-fulfillment option, the Advertiser is solely responsible for producing and shipping advertising materials directly to the Space Owner's designated premises.
• Partner Print Fulfillment Option: Where an Advertiser selects automated print fulfillment, the Platform transmits the print artwork (PDF/JPEG) via API directly to independent certified third-party print partners. The print partner invoices the production/shipping costs directly or through an affiliate commission structure.
• Separation of Liabilities: BlankAdSpace is neither a printing company nor a postal carrier. All claims regarding print quality, material defects, delivery delays, or lost parcels are resolved directly between the Advertiser and the respective third-party print partner or carrier.

2.5 „Light Escrow“ and Photo Verification of Placement

To protect both parties and enhance transaction trust, all booking payments are held securely in Escrow by the licensed payment provider:

• Funds paid by the Advertiser upon booking confirmation are retained in escrow guarantee.
• Upon parcel delivery or campaign start, the Space Owner receives an automated WhatsApp / SMS notification with a secure one-click magic link.
• The Space Owner uploads 1 mobile proof photo of the installed advertisement. Upon automated or administrative verification, the rental payout is immediately released to the Space Owner's designated bank account.
• If the Space Owner fails to submit proof within the 7-day SLA after delivery, the rental space portion is automatically cancelled and refunded to the Advertiser.

3. User Accounts

3.1 Account Registration

To use the Platform, you must create an account by providing accurate, complete, and current information. You must be at least 18 years old or have the legal capacity to enter into contracts in your jurisdiction. By creating an account, you represent and warrant that:

• All information provided is accurate and truthful;
• You have the legal authority to enter into contracts;
• You will maintain and update your account information as necessary;
• You will not create multiple accounts or use another User's account without authorization.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password;
• Not share your account credentials with third parties;
• Immediately notify the Platform of any unauthorized access or security breach;
• Log out of your account when using shared devices.

3.3 Account Verification

The Platform may require identity verification or additional documentation for certain services, including payment processing and high-value transactions. You agree to provide such verification upon request.

4. Advertising Content and Approval Process

4.1 Upload of Advertising Content

Advertisers may upload advertising content to the Platform. By uploading content, Advertisers represent and warrant that:

• They own or have obtained all necessary rights, licenses, and permissions to use and display the content;
• The content does not infringe any third-party intellectual property rights, privacy rights, or other legal rights;
• The content complies with all applicable laws, regulations, and these Terms and Conditions;
• The content is not false, misleading, or deceptive;
• The content does not contain Prohibited Content as defined in Section 9.

4.2 Review and Approval by Space Owners

Space Owners have the right and responsibility to review all advertising content before approving it for display on their advertising spaces. Space Owners:

• May approve or reject advertising content at their sole discretion;
• Are responsible for ensuring that approved content complies with applicable laws and regulations;
• May request modifications to advertising content before approval;
• Shall not approve content that violates these Terms and Conditions or applicable law.

4.3 Platform's Role

The Platform does not create, modify, or approve advertising content. The Platform provides technical infrastructure only and is not responsible for the content, quality, or legality of advertising content uploaded by Advertisers or approved by Space Owners.

4.4 Content Removal

The Platform reserves the right to remove or disable access to advertising content that violates these Terms and Conditions, applicable law, or in response to valid notices under Section 10 (Notice and Takedown Procedure).

5. Contracts Between Users

5.1 Direct Contractual Relationship

Advertising Contracts are concluded directly between Advertisers and Space Owners. The Platform is not a party to these contracts and has no obligations or liabilities arising from them, except as expressly set forth in these Terms and Conditions.

5.2 Contract Terms

The terms of each Advertising Contract, including but not limited to rental period, pricing, display specifications, and cancellation policies, are agreed upon directly between the Advertiser and Space Owner. The Platform facilitates the conclusion of such contracts but does not guarantee their performance.

5.3 Disputes Between Users

Disputes arising from Advertising Contracts shall be resolved directly between the Advertiser and Space Owner. The Platform may provide dispute resolution tools or assistance, but is not obligated to do so and is not liable for the outcome of any disputes.

6. Payments, Fees and Escrow

6.1 Payment Processing

All payments are processed through licensed Payment Service Providers authorized under PSD2. The Platform does not hold user funds on its own bank accounts. Payment processing is subject to the terms and conditions of the Payment Service Provider.

6.2 Escrow Mechanism

Funds paid by Advertisers are held in escrow by the Payment Service Provider until:

• The end of the Rental Period, at which point funds are released to the Space Owner (minus Service Fees);
• Resolution of any disputes, in accordance with the dispute resolution process;
• Termination of the Advertising Contract in accordance with its terms.

6.3 Service Fees

The Platform charges a Service Fee for facilitating transactions. The Service Fee is deducted from the payment amount before funds are released to the Space Owner. The current Service Fee structure is displayed on the Platform and may be updated from time to time. Users will be notified of any changes to Service Fees in accordance with Section 16.3.

6.4 Payment Obligations

Advertisers are obligated to pay the agreed rental fee, including applicable taxes and Service Fees, in accordance with the terms of the Advertising Contract. Failure to pay may result in suspension of the account and withholding of advertising content.

6.5 Refunds and Cancellations

Refund and cancellation policies are determined by the terms of each Advertising Contract. The Platform may facilitate refund requests but is not obligated to provide refunds. Refunds, when applicable, are processed by the Payment Service Provider in accordance with the terms of the Advertising Contract and applicable law.

6.6 Withholding of Payments

The Platform reserves the right to withhold payments, including funds held in escrow, in cases of:

• Violation of these Terms and Conditions;
• Suspected fraud or illegal activity;
• Pending disputes or investigations;
• Legal obligations or court orders.

7. Platform Rights and Obligations

7.1 Platform Obligations

The Platform shall:

• Provide technical infrastructure for the operation of the marketplace;
• Facilitate payment processing through licensed Payment Service Providers;
• Comply with applicable EU law, including the DSA and GDPR;
• Implement appropriate security measures to protect User data;
• Provide notice-and-action mechanisms in accordance with the DSA (see Section 10);
• Maintain transparency regarding content moderation and removal decisions where required by law.

7.2 Platform Rights

The Platform reserves the right to:

• Remove or disable access to content that violates these Terms and Conditions or applicable law;
• Suspend or terminate User accounts in accordance with Section 13;
• Withhold payments in cases of violations or disputes;
• Modify, suspend, or discontinue any aspect of the Platform with reasonable notice;
• Refuse service to any User who violates these Terms and Conditions;
• Cooperate with law enforcement and regulatory authorities as required by law.

7.3 No Guarantees

The Platform does not guarantee:

• The availability, quality, or legality of advertising spaces or advertising content;
• The performance or fulfillment of Advertising Contracts;
• The accuracy of information provided by Users;
• Uninterrupted or error-free operation of the Platform;
• The resolution of disputes between Users.

8. User Responsibilities and Warranties

8.1 Advertiser Responsibilities

Advertisers are fully responsible for:

• The legality, accuracy, and compliance of all advertising content they upload;
• Obtaining all necessary rights, licenses, and permissions for advertising content;
• Ensuring advertising content complies with applicable laws, regulations, and industry standards;
• Fulfilling their obligations under Advertising Contracts;
• Payment of rental fees and Service Fees in accordance with the terms of Advertising Contracts.

8.2 Space Owner Responsibilities

Space Owners are fully responsible for:

• Reviewing and approving advertising content before publication;
• Ensuring that approved advertising content complies with applicable laws and regulations;
• Displaying advertising content in accordance with the terms of Advertising Contracts;
• Maintaining advertising spaces in good condition and ensuring visibility of advertising content;
• Fulfilling their obligations under Advertising Contracts;
• Obtaining all necessary permits, licenses, and authorizations for displaying advertising content.

8.3 General User Warranties

All Users warrant that:

• They have the legal capacity and authority to enter into contracts;
• All information provided to the Platform is accurate and current;
• They will comply with all applicable laws, regulations, and these Terms and Conditions;
• They will not use the Platform for any illegal or fraudulent purposes;
• They will not infringe any third-party rights, including intellectual property, privacy, or other legal rights.

9. Prohibited Content and Activities

9.1 Illegal Content

Users are strictly prohibited from uploading, displaying, or facilitating the display of content that:

• Violates any applicable national or EU law, including but not limited to criminal law, consumer protection law, and competition law;
• Constitutes hate speech, incitement to violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or other protected characteristics;
• Contains child sexual abuse material or other illegal sexual content;
• Promotes terrorism, organized crime, or other serious criminal activities;
• Involves human trafficking, slavery, or forced labor;
• Violates intellectual property rights, including copyright, trademark, or patent infringement.

9.2 Misleading and Deceptive Content

Users are prohibited from uploading or displaying content that:

• Is false, misleading, or deceptive, including false claims about products, services, or business practices;
• Contains false or misleading information about prices, availability, or terms of sale;
• Uses deceptive marketing practices or unfair commercial practices;
• Impersonates other persons, businesses, or entities;
• Contains false testimonials or reviews.

9.3 Regulated Advertising Categories

Advertising content in the following categories is subject to strict regulations and may be prohibited or restricted:

• Alcohol: Must comply with EU and Member State restrictions on alcohol advertising, including age restrictions and health warnings;
• Tobacco and Nicotine Products: Subject to strict EU and Member State regulations, including bans on certain forms of advertising;
• Pharmaceuticals and Medical Devices: Must comply with EU Directive 2001/83/EC and national regulations;
• Financial Services: Must comply with EU financial services regulations, including MiFID II and national financial advertising rules;
• Gambling and Betting: Subject to strict EU and Member State regulations, including licensing requirements and responsible gambling measures;
• Food and Health Claims: Must comply with EU Regulation (EC) No 1924/2006 on nutrition and health claims;
• Environmental Claims: Must comply with EU and Member State regulations on environmental advertising and green claims.

Users are responsible for ensuring compliance with all applicable regulations for regulated advertising categories. The Platform may require additional verification or documentation for such content.

9.4 Prohibited Activities

Users are prohibited from:

• Circumventing or attempting to circumvent payment processing or Service Fees;
• Manipulating reviews, ratings, or other feedback mechanisms;
• Engaging in fraudulent transactions or chargebacks;
• Interfering with the operation of the Platform or other Users' use of the Platform;
• Collecting or harvesting User data without authorization;
• Using automated systems to access the Platform without authorization;
• Reverse engineering, decompiling, or disassembling any part of the Platform.

10. Notice and Takedown Procedure (DSA)

10.1 Reporting Illegal Content

In accordance with Article 16 of the DSA, any person or entity may notify the Platform of the presence on the Platform of specific items of information that the notifying party considers to be illegal content. Notifications must:

• Be submitted through the Platform's designated notice-and-action mechanism;
• Clearly identify the specific content alleged to be illegal;
• Explain why the content is considered illegal, including reference to applicable law;
• Provide sufficient information to enable the Platform to identify and locate the content;
• Include the contact details of the notifying party (name, email address, postal address).

10.2 Processing of Notices

Upon receipt of a valid notice, the Platform will:

• Review the notice in accordance with Article 16(2) of the DSA;
• Decide whether to remove or disable access to the content, taking into account the applicable law and the information provided in the notice;
• Notify the User who uploaded the content of the decision and the reasons for it, unless prohibited by law;
• Inform the notifying party of the decision, in accordance with Article 17 of the DSA.

10.3 Content Removal

The Platform may remove or disable access to content that:

• Is manifestly illegal;
• Has been the subject of a valid notice under Section 10.1;
• Violates these Terms and Conditions;
• Is ordered to be removed by a competent court or administrative authority.

10.4 Counter-Notification

Users whose content has been removed may submit a counter-notification if they believe the removal was unjustified. Counter-notifications must include:

• Identification of the removed content;
• Explanation of why the removal was unjustified;
• Contact details of the User;
• A statement that the User has a good faith belief that the content was removed as a result of mistake or misidentification.

10.5 Out-of-Court Dispute Settlement

In accordance with Article 21 of the DSA, the Platform participates in out-of-court dispute settlement mechanisms for disputes arising from content moderation decisions. Users may seek resolution through certified out-of-court dispute settlement bodies.

11. Liability and Disclaimer

11.1 Limited Liability as Hosting Service Provider

In accordance with Article 6 of the DSA and Directive 2000/31/EC (E-Commerce Directive), the Platform, as a hosting service provider, is not liable for information stored at the request of Users, provided that:

• The Platform does not have actual knowledge of illegal activity or illegal content;
• Upon obtaining such knowledge or awareness, the Platform acts expeditiously to remove or disable access to the information;
• The Platform does not play an active role in the creation or modification of the content.

11.2 Exclusion of Liability

To the fullest extent permitted by applicable law, the Platform excludes all liability for:

• Losses arising from Advertising Contracts between Users;
• Losses arising from the content, quality, or legality of advertising content or advertising spaces;
• Losses arising from the non-performance or breach of Advertising Contracts;
• Indirect, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunities;
• Errors or interruptions in the operation of the Platform, except where caused by gross negligence or willful misconduct.

11.3 Limitation of Liability

Where liability cannot be excluded, the Platform's total liability to any User shall not exceed the amount of Service Fees paid by that User in the twelve (12) months preceding the event giving rise to the liability, or €1,000, whichever is lower.

11.4 User Liability

Users are fully liable for:

• All losses arising from their advertising content, including losses caused to other Users or third parties;
• All losses arising from their breach of these Terms and Conditions or applicable law;
• All losses arising from their breach of Advertising Contracts;
• All costs, expenses, and damages incurred by the Platform as a result of their violations.

11.5 Mandatory Consumer Rights

Nothing in these Terms and Conditions shall limit or exclude liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Mandatory consumer rights under EU and Member State law;
• Any liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Platform, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

• Your use of or access to the Platform;
• Your violation of these Terms and Conditions;
• Your violation of any applicable law, regulation, or third-party right;
• Your advertising content, including any claims that such content infringes intellectual property rights, privacy rights, or other legal rights;
• Your breach of any Advertising Contract;
• Your violation of any warranty or representation made under these Terms and Conditions.

This indemnification obligation will survive the termination of your account and these Terms and Conditions.

13. Termination and Suspension

13.1 Termination by Users

Users may terminate their account at any time by contacting the Platform or using the account deletion feature. Upon termination:

• Your account will be deactivated and you will no longer be able to access the Platform;
• Active Advertising Contracts will be handled in accordance with their terms;
• Pending payments will be processed in accordance with Section 6;
• Your data will be handled in accordance with Section 14 (Data Protection).

13.2 Suspension and Termination by Platform

The Platform may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms and Conditions;
• You engage in illegal, fraudulent, or harmful activities;
• You upload or display Prohibited Content;
• You breach any Advertising Contract in a material way;
• You fail to pay amounts due to the Platform or other Users;
• Required by law or court order;
• The Platform reasonably believes that suspension or termination is necessary to protect the Platform, other Users, or third parties.

13.3 Effects of Termination

Upon termination or suspension:

• Your right to access and use the Platform will immediately cease;
• The Platform may remove or disable access to your content;
• The Platform may withhold payments in accordance with Section 6.6;
• All provisions of these Terms and Conditions that by their nature should survive termination will remain in effect, including Sections 8, 11, 12, 14, and 15.

13.4 Appeal Process

Users whose accounts have been suspended or terminated may appeal the decision by contacting the Platform and providing relevant information. The Platform will review appeals in good faith but is not obligated to reinstate accounts.

14. Data Protection

14.1 GDPR Compliance

The Platform processes personal data in accordance with the GDPR and applicable Member State data protection laws. For detailed information about how we process your personal data, please refer to our Privacy Policy, which forms an integral part of these Terms and Conditions.

14.2 Data Controller and Processor

The Platform acts as a data controller with respect to personal data processed for the operation of the Platform. In certain circumstances, the Platform may act as a data processor on behalf of Users, in which case separate data processing agreements may apply.

14.3 User Data Rights

Under the GDPR, Users have the following rights regarding their personal data:

• Right of Access: To obtain confirmation of whether personal data is being processed and access to such data;
• Right to Rectification: To have inaccurate personal data corrected;
• Right to Erasure: To have personal data deleted in certain circumstances;
• Right to Restriction of Processing: To limit how personal data is processed;
• Right to Data Portability: To receive personal data in a structured, commonly used format;
• Right to Object: To object to processing of personal data in certain circumstances;
• Right to Withdraw Consent: To withdraw consent where processing is based on consent.

To exercise these rights, please contact us using the contact information provided in Section 16.5.

14.4 Data Retention

The Platform retains personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce agreements. For detailed information about data retention periods, please refer to our Privacy Policy.

14.5 Data Sharing

The Platform may share personal data with:

• Other Users, to the extent necessary for the operation of the marketplace (e.g., contact information for completing transactions);
• Payment Service Providers, for payment processing;
• Service providers who assist in operating the Platform, subject to appropriate data processing agreements;
• Law enforcement and regulatory authorities, when required by law.

For detailed information about data sharing, please refer to our Privacy Policy.

14.6 Supervisory Authority

Users have the right to lodge a complaint with a data protection supervisory authority if they believe that the processing of their personal data violates the GDPR. The relevant supervisory authority depends on the User's place of residence or the location of the alleged violation.

15. Governing Law and Jurisdiction

15.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with:

• European Union law, including directly applicable EU regulations and directives;
• The laws of the Czech Republic, to the extent not preempted by EU law.

15.2 Jurisdiction

Subject to mandatory consumer protection laws and the GDPR, any disputes arising from or relating to these Terms and Conditions or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

For consumers resident in the European Union, nothing in this Section 15.2 shall affect the consumer's right to bring proceedings in the courts of their country of residence, in accordance with Regulation (EU) No 1215/2012 (Brussels I Regulation).

15.3 Alternative Dispute Resolution

In accordance with Article 14 of Regulation (EU) No 524/2013, consumers have the right to use the Online Dispute Resolution (ODR) platform established by the European Commission for resolving disputes. The ODR platform is available at: https://ec.europa.eu/consumers/odr

16. Final Provisions

16.1 Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Platform regarding your use of the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the intent of the invalid provision.

16.3 Modifications

The Platform reserves the right to modify these Terms and Conditions at any time. Material changes will be notified to Users at least thirty (30) days before they take effect, either by email or through a prominent notice on the Platform. Continued use of the Platform after the effective date of modifications constitutes acceptance of the modified Terms and Conditions.

If you do not agree to the modified Terms and Conditions, you must stop using the Platform and terminate your account in accordance with Section 13.1.

16.4 Waiver

The failure of the Platform to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Platform.

16.5 Contact Information

For questions, complaints, or notices regarding these Terms and Conditions, please contact us at:

16.6 Language

These Terms and Conditions are provided in English. In case of conflict between the English version and any translated version, the English version shall prevail.

16.7 Assignment

Users may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of the Platform. The Platform may assign or transfer these Terms and Conditions, in whole or in part, to any third party without notice.

16.8 Force Majeure

The Platform shall not be liable for any failure or delay in performance under these Terms and Conditions resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party service providers.