Terms of Use

These Terms & Conditions govern access to and use of redtheball.com, including accounts, project requests, service listings, orders and other functionality made available through the Platform.

By accessing or using the Website, creating an Account, submitting a Project Request, placing an Order, uploading materials or applying to participate as an Independent Service Performer, you confirm that you have read, understood and agree to be bound by these Terms & Conditions.

Please read these Terms carefully before using the Platform or confirming an Order.

Last updated: 17 August 2026

Definitions

Account means a personal account registered in the name of a specific individual for access to and use of the Platform.

Business Representative means a User who is authorised to use the Platform on behalf of a business or organisation. The Account remains personal to that individual and is not registered to the business or organisation as a standalone user.

Company, we, us or our means Digital Labs Innovations s.r.o., Company number 29546265, with its registered address at Radimovická 1774/13, Chodov, 149 00 Praha 4, Czech Republic, the operator of the Website and provider of the Platform Services.

Consumer means a User who is a natural person acting for purposes outside their trade, business, craft or profession, as determined under applicable consumer law.

Deliverables means the visual marketing materials or other digital results identified as the agreed outcome of an Order.

Independent Service Performer or Service Performer means an independent third-party professional who offers and performs Visual Marketing Services through the Platform on their own behalf. Independent Service Performers are not employees, workers, agents, partners or representatives of the Company and have no authority to bind the Company.

Order means a confirmed engagement for Visual Marketing Services created after the applicable Service Performer, scope, Deliverables, price and other material project terms have been accepted through the Platform.

Order Confirmation means the electronic order summary or other record made available through the Platform identifying the material terms of an Order.

Platform means the visual marketing services marketplace operated by the Company through the Website.

Platform Services means the account, service discovery, Project Request, communication, order administration, payment facilitation, exchange of project materials and Deliverables, support and related functionality provided by the Company through the Website. Platform Services do not include the Visual Marketing Services independently performed by Service Performers.

Project Request means an initial request, enquiry or description of potential Visual Marketing Services submitted by a User. A Project Request does not constitute an Order until the applicable material terms are confirmed through the Platform.

Service Listing means a description of Visual Marketing Services available through the Platform, which may include the applicable category, scope, indicative or fixed pricing, Deliverables, delivery information, revisions and other relevant conditions.

User means an individual who accesses or uses a Website or the Platform, whether acting on their own behalf or as a Business Representative. A business, organisation or other legal entity does not itself hold a User Account independently of the individual authorised to act for it.

User Materials means information, documents, images, reference files, instructions, brand materials and other content provided by a User in connection with a Project Request or Order.

Visual Marketing Services means the professional services offered and performed by Independent Service Performers through the Platform across the following categories: Logos & Branding, Typography & Icons, Illustrations & Graphics, Infographics & Data, and Web & Social Media.

Website means redtheball.com, together with the webpages, interfaces and functionality operated by the Company under that domain.

1. Scope of the Platform and Services

1.1 Platform model. The Company operates the Platform as a marketplace through which Users can discover Visual Marketing Services, submit Project Requests, place Orders and interact with Independent Service Performers. The Company provides the Platform Services but does not itself perform the Visual Marketing Services offered through the marketplace.

1.2 Independent provision of services. Visual Marketing Services are offered and performed by Independent Service Performers acting independently and on their own behalf. Unless expressly stated otherwise in an Order Confirmation, the agreement for the relevant Visual Marketing Services is between the User and the identified Service Performer. Operating the Platform, facilitating payment, administering an Order or supporting communications does not make the Company the provider of those Visual Marketing Services.

1.3 Available service categories. The Platform is focused on Logos & Branding, Typography & Icons, Illustrations & Graphics, Infographics & Data, and Web & Social Media. Individual Service Listings may include logo and identity systems, brand guidelines, typography and icon sets, illustrations and graphic assets, infographics and data visualisations, web banners, social media graphics, post templates, thumbnails and related visual marketing materials. The available listings may vary depending on participating Service Performers.

1.4 Project-specific scope. The scope, complexity, Deliverables, price, revision terms and estimated completion time of an Order depend on the selected Service Listing, project requirements, materials supplied by the User, level of customisation and other project-specific circumstances. Where a Website displays a price range or other indicative pricing, the price confirmed for the relevant Order will apply.

1.5 Platform administration. The Company may provide reasonable technical and operational administration necessary for the functioning of the Platform, including account administration, communications support, order administration, technical checks, moderation, fraud prevention, security measures, complaint handling and proportionate compliance reviews. Such activities do not transfer responsibility for performing the Visual Marketing Services from the applicable Service Performer to the Company.

1.6 Reference materials and service limitations. Users may provide supported files and other materials to communicate project requirements. A video file may be provided where supported solely as reference material or as an informational basis for a Project Request. Video production and video editing are not Visual Marketing Services offered through the Platform.

1.7 No professional advisory services or external approval. The Platform does not provide legal, accounting, regulatory, certification, notarial or similar professional advisory services. Unless expressly included in an Order, neither the Company nor a Service Performer guarantees approval, publication, acceptance, engagement, sales, conversion or any other particular result by an advertising platform, marketplace, social network or other third party.

1.8 User responsibility. Users are responsible for ensuring that their Project Requests, User Materials, instructions and intended use of Deliverables are lawful and do not infringe third-party rights or applicable contractual restrictions. More detailed restrictions on permitted content and use of the Platform are set out in the Acceptable Use Policy.

2. Acceptance and Application of these Terms

2.1 Acceptance. These Terms apply when you access or use the Website, create an Account, submit a Project Request, place an Order, upload User Materials or otherwise use Platform functionality. Independent Service Performers are also subject to these Terms when applying to or participating in the Platform, together with any additional terms expressly applicable to their participation.

2.2 Related policies. Use of the Platform is also subject to the Acceptable Use Policy. The collection and processing of personal data is described in the Privacy Policy, and the use of cookies and similar technologies is described in the applicable Cookie Policy or cookie notice. Where additional terms are presented for a particular feature, Order or Service Performer activity, those terms form part of the relevant arrangement to the extent expressly stated.

2.3 If you do not agree. If you do not agree to these Terms or any mandatory rules applicable to your use of the Platform, you must not create or continue using an Account, place an Order or otherwise use the affected Platform functionality.

3. Account Registration and Verification

3.1 Account registration. Certain Platform features, including submitting Project Requests, placing Orders, accessing project communications and managing Deliverables, may require an Account. Each Account must be registered in the name of a specific individual using accurate, complete and current information.

3.2 Individual Accounts and Business Representatives. A User may use the Platform on their own behalf or in their capacity as an authorised Business Representative. The Account remains personal to the individual who registered it and is not held directly by the relevant business or organisation as a standalone account.

3.3 Accurate information. You must not register or use an Account using a false identity, materially inaccurate or misleading information, another person's details without authority, or an email address or other contact information used to evade verification or conceal your identity. If you act as a Business Representative, you must have appropriate authority to provide project information and User Materials in that capacity.

3.4 Account security. You are responsible for keeping your login credentials confidential and for taking reasonable steps to prevent unauthorised access to your Account. You must promptly notify the Company if you become aware of suspected compromise, unauthorised use or materially incorrect Account information. Until such notice is received, the Company may reasonably treat actions submitted through your Account as authorised by you.

3.5 Email verification. The Company may require verification of the email address associated with an Account. Verification confirms control of the relevant email address and does not by itself constitute identity, business or professional verification. Certain Platform features may remain unavailable until email verification is completed.

3.6 Additional verification. Where reasonably necessary for Platform security, fraud prevention, payment administration, compliance, confirmation of authority or participation as an Independent Service Performer, the Company may request additional information or supporting documentation. Any personal data collected for these purposes will be handled in accordance with the Privacy Policy.

3.7 Keeping information current. You must keep the email address and other material Account information reasonably up to date and ensure that the registered email address remains accessible for account, security, Order and support communications.

3.8 Failure to meet Account requirements. The Company may restrict or suspend access to relevant Platform functionality where Account information is materially false, misleading, incomplete, outdated or cannot reasonably be verified, or where the Account appears to be used contrary to these Terms or the Acceptable Use Policy. Existing Orders, payments, Deliverables and any applicable refunds will be handled according to their status, these Terms and any mandatory rights that apply.

3.9 Independent Service Performer applications. Individuals applying to participate as Independent Service Performers may be required to provide professional information, areas of specialisation and supporting portfolio or other professional materials. Submission of an application does not guarantee approval, publication of a profile, availability of projects or any minimum level of work or remuneration.

4. Fraud Prevention and Platform Security

4.1 Protective measures. The Company may use reasonable technical, operational and organisational measures to protect the Platform, Users, Independent Service Performers and third-party service providers against fraud, payment abuse, unauthorised access, account compromise, security threats and other unlawful or abusive activity.

4.2 Risk indicators. The Company may review relevant Platform activity where there are reasonable indications of fraud, unauthorised use, false or misleading information, suspicious payment activity, disputed transactions or chargebacks, Account misuse, circumvention of Platform restrictions, security compromise or other conduct that may violate these Terms, the Acceptable Use Policy or applicable law.

4.3 Available measures. Depending on the nature and severity of the identified risk, the Company may request additional information or verification, restrict specific Platform functionality, place a temporary security hold on an Account, Project Request or transaction, prevent new Orders, suspend access to the Platform, reject or cancel unconfirmed activity, or take other proportionate measures permitted under these Terms and applicable law.

4.4 Confirmed Orders. Measures taken for fraud or security reasons do not automatically alter the confirmed scope, price or other material terms of an existing Order. Where an active Order is affected, the Company will address its status in accordance with these Terms, the circumstances of the case and any mandatory rights that apply.

4.5 Third-party risk information. The Company may take relevant information received from payment providers, financial institutions, hosting or security providers, fraud-prevention systems or other legitimate sources into account when assessing Platform risk.

4.6 Notice and review. Where required by applicable law, the Company will provide notice or reasons for a restriction, suspension or termination and information about any available review or complaint mechanism. Nothing in this section limits any procedural rights that cannot lawfully be excluded.

4.7 Cooperation and prevention. The Company may refuse future access to the Platform, decline unconfirmed Project Requests or cooperate with payment providers, competent authorities or other relevant parties where permitted or required by law and reasonably necessary to investigate fraud, protect Platform security or enforce these Terms.

5. Eligibility and Permitted Use

5.1 Age and legal capacity. You must be at least eighteen (18) years old and have the legal capacity to enter into binding agreements in order to create an Account, submit a Project Request, place an Order or participate in the Platform as an Independent Service Performer.

5.2 Business Representatives. If you use the Platform as a Business Representative, you confirm that you have sufficient authority to submit Project Requests, provide User Materials, approve Orders and otherwise act in connection with the relevant business or organisation.

5.3 Lawful use. You may use the Platform only for lawful and authorised personal, professional or business purposes. Your access to or use of the Platform must not violate applicable law, sanctions or other legally binding restrictions applicable to you or to the intended activity.

5.4 Platform integrity. You must not interfere with the security, integrity, availability or proper operation of the Platform, attempt to access Accounts or systems without authorisation, circumvent Platform controls or use the Platform in a manner intended to impair its operation or the rights of other participants.

5.5 Eligibility concerns. Where the Company reasonably determines that a User does not satisfy the eligibility requirements of this section, it may restrict or close the relevant Account and cancel unconfirmed activity. Existing Orders, payments, Deliverables and refunds will be handled according to their status, these Terms and any mandatory rights that apply.

6. Prohibited Activities and Acceptable Use

6.1 General rule. You must not use the Platform, Visual Marketing Services or Deliverables for unlawful, fraudulent, deceptive, abusive or unauthorised purposes. Detailed requirements governing prohibited content and activities are set out in the Acceptable Use Policy, which forms part of the rules governing use of the Platform.

6.2 Prohibited content and requests. You must not submit, request, upload or use content that unlawfully infringes intellectual property, privacy, confidentiality or other third-party rights, involves impersonation or fraudulent identity information, materially deceives others, facilitates unlawful activity or otherwise violates applicable law or the Acceptable Use Policy.

6.3 Fraud and payment abuse. You must not use the Platform in connection with fraudulent transactions, unauthorised payment instruments, knowingly false payment disputes or chargebacks, money laundering, sanctions evasion or other unlawful financial activity.

6.4 Technical misuse. You must not introduce malicious code, harvest credentials, conduct phishing, gain unauthorised access, circumvent security measures, perform unauthorised scraping or systematic extraction, overload the Platform or use automated tools in a manner that disrupts or manipulates Platform functionality.

6.5 Account and marketplace manipulation. You must not impersonate another person, create or use Accounts to evade restrictions, manipulate listings, reviews, project activity or other Platform functionality, or otherwise interfere with the legitimate use of the Platform by Users or Independent Service Performers.

6.6 Enforcement. Where the Company reasonably believes that these Terms, the Acceptable Use Policy or applicable law have been breached, it may reject or remove affected content or Project Requests, restrict relevant Platform functionality, prevent new Orders, suspend or terminate an Account or take other proportionate measures appropriate to the circumstances.

Where required by applicable law, the Company will provide the affected User with the reasons for a restriction or other relevant information concerning available review or complaint procedures.

6.7 Cooperation and records. The Company may retain relevant records and cooperate with payment providers, hosting or security providers, competent authorities or other relevant parties where permitted or required by applicable law and reasonably necessary to investigate suspected misuse, protect Platform security or enforce these Terms.

7. User Obligations

7.1 Responsibility for Platform use. You are responsible for your use of the Platform, the Project Requests and instructions you submit, and your compliance with applicable laws and contractual obligations relevant to your activities and intended use of the Visual Marketing Services and Deliverables.

7.2 User Materials. You must ensure that all User Materials you provide through the Platform, including briefs, text, logos, trademarks, images, references, brand materials and other project content, are accurate to the extent relevant to the project and are provided lawfully.

You must have all rights, licences, permissions, consents or other authority reasonably necessary for the Service Performer to use those User Materials for the purpose of performing the relevant Order.

7.3 Third-party rights. You must not instruct a Service Performer to reproduce, modify or use third-party materials in a manner that infringes intellectual property, privacy, confidentiality, contractual or other rights. Where reasonably necessary, the Company or the Service Performer may request information or evidence concerning your authority to use particular User Materials.

7.4 Project information. You are responsible for providing information, instructions, specifications and references reasonably necessary to perform the Order. Material requirements that are not communicated before or during the applicable project stage may not be treated as part of the agreed scope unless subsequently accepted as a change to the Order.

7.5 Use of Deliverables. You are responsible for the manner in which you publish, distribute, modify, incorporate or otherwise use Deliverables after delivery, including compliance with applicable law, advertising requirements, contractual restrictions and the rules of any third-party platform or service through which the Deliverables are used.

7.6 Cooperation. You must provide reasonable cooperation necessary for the administration and completion of an Order, including responding to material project questions, providing required information or feedback and completing verification reasonably required under these Terms.

7.7 Business Representatives. If you act as a Business Representative, you are responsible for ensuring that you have appropriate authority to provide instructions, User Materials, approvals and other project-related decisions on behalf of the relevant business or organisation.

8. Nature of Visual Marketing Services and Deliverables

8.1 Creative and professional judgment. Visual Marketing Services involve creative judgment, professional expertise and individual interpretation. The precise visual approach may therefore vary between Independent Service Performers and between projects.

8.2 Agreed requirements. The relevant Service Performer must perform the Visual Marketing Services in accordance with the confirmed Order, including any material requirements, Deliverables and specifications expressly included in the agreed scope. Users should identify mandatory wording, brand rules, technical specifications, prohibited approaches and other essential requirements before or during the project stage in which they are relevant.

8.3 Subjective preferences. Where a particular style, composition, layout, colour treatment, typography choice or other creative preference was not included as a material requirement of the Order, reasonable differences in professional interpretation do not by themselves mean that the Deliverables fail to conform to the agreed scope.

8.4 Reference Materials. References supplied by a User are intended to communicate context, preferences or project requirements. Unless expressly agreed and legally permissible, providing a reference does not require the Service Performer to reproduce it exactly or copy protected third-party work, branding or other material.

8.5 No guaranteed commercial result. Unless a particular measurable result is expressly included as an obligation in an Order, neither operation of the Platform nor provision of Visual Marketing Services constitutes a guarantee of sales, conversions, audience engagement, brand recognition, advertising approval, publication, acceptance by a third-party platform or any other particular commercial or promotional outcome.

8.6 Platform review. The Company may use reasonable administrative, security, compliance or marketplace-quality procedures in connection with Service Performer applications, Service Listings, User Materials or Platform activity. Such procedures do not make the Company the creator, professional supervisor or guarantor of Deliverables produced by an Independent Service Performer.

8.7 Applicable standards and mandatory rights. Nothing in these Terms excludes responsibility for fraud, deliberate misconduct or any obligation, standard of performance or Consumer right that cannot lawfully be excluded or limited. Where applicable consumer law requires services to be performed with a particular statutory standard of care or conformity, those requirements remain unaffected by this section.

9. Website Information, Service Listings and Platform Changes

9.1 General Website information. The Company takes reasonable steps to maintain the information published on the Website but does not guarantee that general Website content will at all times be complete, current or free from non-material errors. Website content may be corrected, updated or removed where appropriate.

9.2 Service Listings. Service Listings may describe available Visual Marketing Services, indicative scope, Deliverables, price formats, estimated delivery information, revision options and other relevant conditions. A Service Listing should be read together with the specific information presented before an Order is confirmed.

9.3 Illustrative materials. Examples, previews, mock-ups and sample visual assets displayed on the Website may be fictional or illustrative and are intended to demonstrate the types of Visual Marketing Services or Deliverables that may be available through the Platform. They do not represent work performed by the Company and do not guarantee an identical creative outcome.

9.4 Project-specific terms. Once an Order is confirmed, the applicable Order Confirmation governs the project-specific Service Performer, scope, Deliverables, price, currency, delivery information, revision terms and other material conditions stated in it. General Website content does not override those confirmed terms.

9.5 Prices. Prices may be displayed as fixed amounts, starting prices, ranges or other pricing formats depending on the relevant Service Listing. Indicative prices or ranges do not become the final price of an Order until the applicable amount is confirmed through the ordering process.

The Company or an Independent Service Performer may change pricing applicable to future Project Requests or Orders. A subsequent change in Website pricing does not alter the price of an Order already confirmed unless the User expressly accepts a change to the Order or applicable law requires otherwise.

9.6 Availability. The Company does not guarantee the continuous availability of any particular Service Listing, Independent Service Performer or service category. A Project Request does not guarantee that a particular Service Performer will accept the project or that the requested Visual Marketing Services will be available on the proposed terms.

9.7 Platform changes. The Company may reasonably modify, add, suspend or discontinue Platform features, Service Listings or service categories for operational, technical, security, legal or commercial reasons. Such changes apply prospectively and do not by themselves alter the material terms of an existing Order.

9.8 Website availability. The Company may perform maintenance, security updates or other reasonable technical changes affecting Platform availability. Temporary interruption or modification of general Platform functionality does not relieve the parties from obligations arising under an existing Order except to the extent performance is actually affected or applicable law provides otherwise.

9.9 Archived content. Historical, superseded or archived Website content may cease to be available and should not be relied upon as representing current Service Listings, pricing or Platform functionality. Users should review the information applicable at the time they submit or confirm a new Order.

10. Intellectual Property

10.1 Platform intellectual property. The Website, Platform software, interfaces, databases, general Website content, Platform documentation and the Redtheball name, logos and other Platform branding are owned by or licensed to the Company. Except for the limited right to use the Platform for its intended purpose, these Terms do not grant Users or Independent Service Performers any right to reproduce, distribute, modify, license, sell or otherwise commercially exploit such materials.

10.2 User Materials. The User retains any intellectual property rights they hold in User Materials. By submitting User Materials in connection with a Project Request or Order, the User grants the Company and the relevant Independent Service Performer a limited, non-exclusive right to access, reproduce, process, adapt where technically necessary and otherwise use those materials solely to assess, administer and perform the relevant project, provide Platform functionality, resolve related issues and comply with applicable legal obligations.

This permission ends when it is no longer reasonably required for those purposes, subject to legitimate recordkeeping, dispute resolution and legal retention requirements.

10.3 Responsibility for User Materials. The User confirms that they own or have sufficient rights, licences, consents and permissions to provide the User Materials and to authorise their use for the relevant project. Submission of User Materials does not transfer ownership of those materials to the Company or the Independent Service Performer.

10.4 Rights in final custom Deliverables. Unless the Order Confirmation expressly provides otherwise, upon full payment of all amounts due for the Order, the applicable Independent Service Performer grants the User a worldwide, perpetual and royalty-free licence to use the final Deliverables for the purposes contemplated by the Order.

For original elements created specifically and exclusively for that Order, the licence is exclusive to the extent that the Independent Service Performer is legally entitled to grant exclusivity. It includes the right to reproduce, publish, display, distribute, adapt, modify, incorporate into other materials and commercially use those elements for lawful purposes.

10.5 Rights before full payment. Unless otherwise stated in the Order Confirmation, receipt of drafts, previews, concepts or unfinished Deliverables does not grant the User a right to publish, distribute or commercially exploit them before the applicable Order has been paid in full.

10.6 Pre-existing and third-party materials. The rights granted under Section 10.4 do not include ownership of or exclusive rights in pre-existing materials, methodologies, templates, tools, fonts, stock assets, software, open-source materials or other third-party content incorporated into a Deliverable.

Such elements remain subject to their existing ownership and applicable licence terms. Where they form part of a final Deliverable, the User receives only the rights that the relevant rights holder or licence permits. Material restrictions known to the Independent Service Performer and relevant to the intended use should be disclosed where reasonably practicable.

10.7 Source and working files. Editable source files, working files, drafts, rejected concepts, unused proposals, preliminary versions, notes, production materials, underlying templates and similar working materials are not included in the final Deliverables unless expressly identified as Deliverables in the Order Confirmation.

10.8 Names, logos and trademark clearance. Unless trademark or other legal clearance is expressly included within an Order, neither the Company nor the Independent Service Performer guarantees that a proposed name, logo, slogan, symbol or other branding element is available for registration, capable of exclusive legal protection or free from all potentially conflicting third-party rights.

The User is responsible for obtaining any trademark searches or specialist legal advice required before registration or material commercial adoption of such branding.

10.9 Moral rights and permitted modifications. To the extent permitted by applicable law, the Independent Service Performer agrees that the User may make modifications and adaptations reasonably consistent with the licence granted for the final Deliverables. Nothing in these Terms purports to transfer or waive moral rights or other author rights that cannot lawfully be transferred, waived or limited.

10.10 Portfolio and promotional use. Neither the Company nor an Independent Service Performer may publicly present identifiable User Deliverables, User branding, confidential project information or other non-public User Materials as portfolio, promotional or case-study content without the User's consent or another valid legal or contractual basis.

10.11 No Company authorship. Administration of the Platform, payment facilitation, project support, review or delivery of files through the Platform does not make the Company the author or creator of Deliverables produced by an Independent Service Performer.

11. Billing and Payment Information

11.1 Payment information. When placing an Order, you must provide accurate and current billing and payment-related information reasonably required to process the applicable payment. You may use only a payment method that you are legally authorised to use.

11.2 Order information. Before confirming an Order, you should review the applicable Visual Marketing Service, Service Performer, scope, Deliverables, total price, currency and any other material payment or project conditions presented through the Platform. Where applicable, taxes or additional charges will be disclosed as part of the ordering process before the Order is confirmed.

11.3 Third-party payment processing. Payments made through the Platform are processed using third-party payment providers. The Company does not provide banking, payment account, e-money, money transmission or financial custody services, does not maintain User balances and does not operate an escrow service.

11.4 Payment authorisation. Payment processing may be subject to verification, authorisation, limits, security procedures and other requirements imposed by the relevant payment provider or payment method. An Order may remain unconfirmed or its commencement may be delayed where the required payment has not been successfully authorised or confirmed.

11.5 Verification. Where reasonably necessary to investigate a payment irregularity, suspected unauthorised use, fraud or a billing discrepancy, the Company may request relevant information or temporarily restrict the affected transaction or Order in accordance with Section 4 (Fraud Prevention and Platform Security).

11.6 Payment disputes and reversals. Nothing in these Terms prevents a User from exercising a lawful right to dispute an unauthorised or otherwise legitimately contestable payment. Knowingly false, abusive or fraudulent payment disputes or chargebacks may constitute a breach of these Terms and the Acceptable Use Policy.

If a payment relating to an active Order is reversed, disputed or otherwise not confirmed, the Company may temporarily pause the affected Platform administration or facilitate a pause in the affected Order while the matter is reasonably reviewed. Any final treatment of the Order, payment, Deliverables or refund will be determined under these Terms and applicable law.

11.7 No Platform balance. Any transaction status, Order amount or other payment information displayed within an Account is an administrative record relating to Platform activity and does not constitute a bank account, payment account, stored-value account or safeguarded User balance.

11.8 Prepayment. Unless the applicable Order Confirmation expressly provides for another payment arrangement, Orders are provided on a full prepayment basis. The relevant Visual Marketing Services are not required to commence until the applicable payment has been successfully authorised and confirmed.

11.9 Payment confirmation. Completion of the checkout process authorises the applicable payment to be submitted for processing through the relevant third-party payment provider. A declined, incomplete or unconfirmed payment may prevent the Order from commencing or being confirmed.

11.10 Supported currencies and methods. Available payment methods and currencies are those displayed through the Website at checkout and may vary depending on jurisdiction, transaction and technical availability.

11.11 Changes to payment functionality. Available payment methods and supported currencies may be modified for future transactions. Such changes do not alter a payment already successfully processed or the price of an existing Order.

12. Third-Party Services and External Links

12.1 External resources. The Website may contain links or references to third-party websites, services or other external resources that are operated independently of the Company.

12.2 No endorsement. The inclusion of an external link or reference does not, by itself, constitute an endorsement, recommendation or guarantee by the Company of the relevant third party, its content, products or services.

12.3 Optional third-party websites. Where you voluntarily leave the Platform and access an independent third-party website or service, your use of that external resource is governed by the terms, privacy information and other rules applicable to that third party. The Company does not control content or activity occurring on independently operated resources merely because the Platform contains a link to them.

12.4 Integrated providers. Certain Platform functionality may depend on third-party providers, including payment, hosting, communications, security or other infrastructure providers. The use of such providers does not eliminate any responsibility that the Company has for its own obligations under these Terms or applicable law. The third-party provider may separately impose terms applicable to the service it provides directly to you.

12.5 Third-party availability. The Company cannot guarantee the uninterrupted availability of independently operated third-party systems. Where a third-party interruption materially affects an active Order or a mandatory User right, the matter will be handled in accordance with these Terms and applicable law rather than treated automatically as the User's responsibility.

13. Personal Data and Privacy

13.1 Privacy Policy. Personal data processed in connection with the Website and the Platform is handled in accordance with the Privacy Policy and applicable data protection law.

13.2 Information about processing. The Privacy Policy explains, as applicable, the categories of personal data processed, the purposes and legal bases of processing, relevant recipients or categories of recipients, retention arrangements and the rights available to individuals.

13.3 No blanket consent. Acceptance of these Terms does not constitute consent to personal data processing where consent is not the applicable legal basis. Where the Company relies on consent for a particular processing activity, consent will be requested separately where required by applicable law.

13.4 Project information. Personal data contained in Project Requests, User Materials, communications or other project information may be made available to the relevant Independent Service Performer and appropriate service providers to the extent reasonably necessary for project assessment, administration and performance, subject to the Privacy Policy and applicable requirements.

13.5 Data minimisation by Users. Users should not submit personal data that is unnecessary for the relevant project, or passwords, authentication credentials, complete payment-card credentials or other information that is not reasonably required for Platform use or performance of the Order.

13.6 Cookies and similar technologies. Information about cookies and similar technologies used on the Website is provided in the Cookie Policy and applicable cookie controls.

14. Disclaimer and Limitation of Liability

14.1 Company's responsibility. The Company is responsible for operating the Platform and performing the Platform Services and other obligations expressly undertaken by it under these Terms. The Company is not the provider or creator of Visual Marketing Services independently performed by an Independent Service Performer.

14.2 Service Performer responsibility. The applicable Independent Service Performer is responsible for performing the Visual Marketing Services they agree to provide and for the conformity of their Deliverables with the applicable Order, subject to these Terms and any mandatory requirements of applicable law.

14.3 Platform availability. The Company does not guarantee that the Website or every Platform feature will be continuously available without interruption. Temporary interruptions may arise from maintenance, security measures, technical failures, third-party infrastructure or circumstances beyond the Company's reasonable control.

The Company will use reasonable measures appropriate to the circumstances to maintain and restore Platform functionality but does not guarantee correction of every technical issue within a particular period unless such commitment is expressly made or required by law.

14.4 Matters outside the Company's control. Subject to applicable law, the Company is not responsible for loss caused solely by the independent acts or omissions of a User, an Independent Service Performer or an external third party over which the Company has no relevant control, except to the extent that the Company is itself legally responsible for the relevant act, omission or provider.

14.5 Business use. Where you use the Platform wholly or mainly for purposes relating to your trade, business, craft or profession, then, to the fullest extent permitted by law, the Company will not be liable for indirect or consequential loss, loss of profit, revenue, anticipated savings or business opportunity arising from use of the Platform, except where such loss results from fraud, deliberate misconduct or another liability that cannot lawfully be excluded or limited.

14.6 Consumers. If you are a Consumer, nothing in these Terms excludes, restricts or prejudices any statutory remedy or liability that cannot lawfully be excluded or restricted.

14.7 Non-excludable liability. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, deliberate misconduct, death or personal injury where caused by negligence to the extent such liability cannot be excluded, or any other liability that applicable law does not permit to be excluded or limited.

15. Suspension and Termination

15.1 User termination. You may stop using the Platform at any time and may request closure of your Account using the available Platform or support procedures. Account closure does not automatically cancel an active Order or eliminate rights and obligations that arose before closure.

15.2 Company suspension or termination. The Company may restrict, suspend or terminate an Account or access to relevant Platform functionality where there are reasonable grounds to believe that the User: has materially or repeatedly breached these Terms or the Acceptable Use Policy; has engaged in fraudulent, unlawful, abusive or materially deceptive activity; has compromised or threatened Platform security; has failed to complete verification reasonably required under these Terms; or no longer satisfies the eligibility requirements for use of the Platform.

15.3 Proportionate action. Where appropriate to the circumstances, the Company may first restrict specific functionality or suspend access instead of permanently terminating an Account. The extent and duration of a restriction should be reasonably related to the underlying issue.

15.4 Existing Orders. Suspension or termination of an Account does not automatically cancel existing Orders. Where an active Order cannot reasonably continue because of the circumstances giving rise to suspension or termination, its status, Deliverables, payment and any applicable refund will be determined in accordance with the Order, these Terms and mandatory law.

The Company must not substitute another Independent Service Performer for an identified Service Performer where doing so would materially change the Order without obtaining any consent required under the applicable agreement or law.

15.5 Outstanding obligations. Termination does not affect payment amounts that were validly due before termination, intellectual property rights already granted, confidentiality obligations, dispute rights or other provisions that by their nature are intended to continue after termination.

15.6 Payment disputes. A legitimate payment dispute or exercise of a statutory payment right does not by itself constitute grounds for permanent termination. Fraudulent or knowingly abusive use of payment disputes may be addressed under Sections 4 and 6.

15.7 Notice and reasons. Where required by applicable law, the Company will provide notice of a suspension or termination, the principal reasons for the decision and information about any available review or complaint mechanism.

15.8 Independent Service Performers. Suspension or termination of participation as an Independent Service Performer does not create an employment termination, dismissal or similar employment relationship. Any active Orders, outstanding project obligations and amounts properly due in connection with Service Performer activity will be dealt with under these Terms and any additional terms applicable to Service Performer participation.

16. Severability

If any provision of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will apply to the maximum extent lawfully possible or, where necessary, will be treated as severed. The remaining provisions will continue in effect.

Where an invalid provision cannot lawfully be preserved by interpretation, its removal will not affect the validity of the remainder of these Terms.

17. Delivery, Review and Revisions

17.1 Electronic delivery. Deliverables are provided electronically through the Account, project area, secure link, verified email address or another electronic method identified through the Platform or in the applicable Order Confirmation. The relevant Independent Service Performer prepares and provides the Deliverables; use of the Platform for delivery does not make the Company their creator or provider.

17.2 Completion of delivery. Unless the Order Confirmation states otherwise, Deliverables will be treated as delivered when they are made available to the User through the agreed electronic delivery method.

17.3 Delivery information. The applicable Service Listing or Order Confirmation may specify an estimated delivery period or, where expressly agreed, a binding delivery date. Delivery information may depend on the scope and complexity of the Order, required formats, User Materials, project dependencies and included revisions.

17.4 Estimated timeframes. An estimated delivery period is indicative and may reasonably change during the project. It does not permit unreasonable or indefinite delay. A date or period expressly identified as binding forms part of the agreed Order and must be treated accordingly.

17.5 User-related delays. Delivery may be affected where the User provides incomplete or inaccurate requirements, delays required information, feedback or approval, requests revisions or changes the agreed scope. Where such circumstances materially affect the project timetable, the estimated or agreed delivery period may be reasonably adjusted.

17.6 Other delays. Delivery may also be affected by technical incidents, interruptions involving relevant third-party infrastructure, force majeure or other circumstances that cannot reasonably be avoided. Where a material delay becomes known, the User should be informed where reasonably practicable.

17.7 Review. Users should review Deliverables after delivery and promptly identify missing files, objective errors or material deviations from the confirmed Order with sufficient detail to allow the issue to be assessed.

17.8 Included revisions. The number, scope and type of revisions included in an Order are those stated in the applicable Service Listing or Order Confirmation. An included revision must remain within the originally agreed purpose, creative direction, quantity, format and Deliverables. A new direction, additional Deliverable or material expansion of scope may require additional payment or a separate Order.

17.9 Remedies for delay. A reasonable variation from an estimated delivery period does not by itself establish a breach. Where delay becomes material, persists without reasonable justification or concerns a binding delivery commitment, any available extension, completion, cancellation, price reduction or refund will be determined by the Order, these Terms and applicable law.

18. Complaints and Project Resolution

18.1 Submitting a complaint. Complaints relating to an Order or Deliverables may be submitted through available Platform functionality or by contacting the support address:

• redtheball.com — support@redtheball.com

Where reasonably possible, a complaint should be submitted from the email address associated with the Account and should identify the relevant Order, describe the issue, identify the applicable project requirement and include any supporting information reasonably necessary to assess the complaint.

18.2 Review period. Users should report visible errors, missing Deliverables or material deviations from the agreed scope within fourteen (14) calendar days after delivery where reasonably possible.

This fourteen-day period is an administrative project review period only. It does not shorten any statutory limitation period, remove mandatory Consumer rights or prevent a later complaint concerning an issue that could not reasonably have been identified during the review period.

18.3 Assessment. In administering a complaint, the Company may review the Service Listing, Order Confirmation, Project Request, User Materials, project communications, revision history, Deliverables and relevant payment or delivery records and may request additional information from the User or the relevant Independent Service Performer.

18.4 Material non-conformity. A complaint may be justified where the agreed Deliverables are missing, materially incomplete or materially inconsistent with requirements expressly included in the confirmed Order.

18.5 Creative preferences. A new creative preference, change in direction, additional requirement or other request that was not included in the agreed scope does not ordinarily establish non-conformity. This does not affect responsibility for requirements that were clearly included in the Order.

18.6 Possible outcomes. Depending on the circumstances and applicable rights, an appropriate resolution may include completion of missing work, correction, an included revision, repeat performance, replacement Deliverables, extension of the delivery period, proportionate price reduction, cancellation of the affected part of the Order or a refund.

18.7 Role of the Company. The Company administers and facilitates the complaint process through the Platform. This does not make the Company the provider of Visual Marketing Services independently performed by the relevant Service Performer or transfer authorship of the Deliverables to the Company.

18.8 Effect of a complaint. Submission of a complaint does not automatically cancel an Order, establish liability, suspend an undisputed payment or guarantee a particular remedy. Nothing in this section restricts any statutory payment, Consumer or other legal right that cannot lawfully be restricted.

19. Independent Service Performers

19.1 Independent status. Independent Service Performers are independent third-party professionals who participate in the Platform and offer and perform Visual Marketing Services on their own behalf. They are not employees, workers, agents, partners or representatives of the Company and have no authority to bind the Company.

19.2 Marketplace participation. Prospective Independent Service Performers may be required to submit professional information and portfolio or other supporting materials and complete an application review before access to relevant marketplace functionality is granted.

Approval permits participation in the Platform as an Independent Service Performer. It does not constitute employment, appointment as an agent or representative, or admission to an internal team of the Company.

19.3 Responsibility for services. Each Independent Service Performer is responsible for the Visual Marketing Services they agree to provide, including performance of the applicable scope and provision of the agreed Deliverables.

19.4 Order relationship. Unless an Order Confirmation expressly provides otherwise, the agreement for the relevant Visual Marketing Services is between the User and the identified Independent Service Performer. The Company remains responsible for its own Platform Services and any obligations expressly undertaken by it.

19.5 Marketplace information. Where required by applicable consumer law, the Platform will provide relevant pre-contract information concerning the status of the Independent Service Performer and the allocation of contractual responsibilities between the Service Performer and the Company before the Consumer confirms the Order.

19.6 No guaranteed opportunities. Approval or continued participation as an Independent Service Performer does not guarantee access to any particular Project Request, minimum number of Orders, minimum remuneration or continued availability of any service category.

19.7 Professional obligations. Independent Service Performers are responsible for maintaining any professional, tax, registration or other obligations legally applicable to their own independent activities.

19.8 Additional Service Performer terms. Additional provisions relating specifically to Service Performer profiles, marketplace participation, remuneration, payout procedures and other professional arrangements may be governed by separate terms accepted by the relevant Independent Service Performer.

20. Consumer Cancellation and Refunds

20.1 Mandatory rights. Nothing in this section excludes or restricts any cancellation, conformity, repeat performance, price reduction, refund or other remedy that cannot lawfully be excluded. The applicable rights depend on the User's status, the nature and stage of the relevant Order and applicable law.

20.2 Consumer right of withdrawal. Where applicable law grants a Consumer a statutory cooling-off or withdrawal right, that right applies notwithstanding any general refund restriction in these Terms. For qualifying EU distance service contracts, the applicable withdrawal period is generally fourteen (14) days from conclusion of the contract, subject to the legally applicable conditions and exceptions.

20.3 Early performance. Where performance is to begin during an applicable Consumer withdrawal period, work will begin on that basis only where the legally required request or consent has been obtained. If a Consumer validly withdraws after performance has begun but before completion, a proportionate amount for services properly performed may be payable where permitted by applicable law.

Where the law permits loss of the right of withdrawal following full performance, that right will be treated as lost only if the conditions required by applicable law have been satisfied.

20.4 Digital content. Where a Deliverable or part of an Order is legally classified as digital content supplied without a tangible medium, any effect that commencement of supply has on a statutory right of withdrawal will apply only in accordance with the applicable requirements concerning express consent, acknowledgement and confirmation.

20.5 Cancellation by non-Consumer Users. A User who is not acting as a Consumer does not receive a Consumer cooling-off right merely by using the Platform. A requested cancellation will be assessed by reference to the applicable Order, work already performed, Deliverables already supplied and any agreed non-recoverable project costs, subject to applicable law.

20.6 Non-conforming Deliverables. Where Visual Marketing Services or Deliverables materially fail to conform to the applicable Order or a mandatory legal standard, an appropriate remedy may include correction, repeat performance, completion, replacement, proportionate price reduction, cancellation of the affected part or refund as applicable.

To the extent Directive (EU) 2019/770 or its implementing national law applies to particular digital content or digital services supplied to a Consumer, mandatory conformity and remedy rules remain unaffected.

20.7 Requests based on preference or changed scope. A refund will not ordinarily be due solely because the User changes their preferred creative direction, business strategy or subjective preference after the applicable requirements have been agreed, or requests work outside the confirmed scope.

This does not apply where the Deliverables objectively fail to satisfy requirements that were expressly agreed or where a mandatory legal remedy applies.

20.8 Completion and use of Deliverables. Completion, approval, publication or commercial use of Deliverables may be relevant when assessing a discretionary cancellation or refund request. It does not waive mandatory rights, concealed defects, infringement claims or another remedy that cannot lawfully be waived.

20.9 Fraudulent requests. The Company and the relevant Service Performer are not required to accept a knowingly false, fraudulent or abusive refund request. This does not restrict legitimate complaints, statutory cancellation rights or lawful payment disputes.

20.10 Refund processing. Where a refund is due or approved, the Company may facilitate its processing through the original payment method using the relevant third-party payment provider, unless another method is required or agreed in accordance with applicable law.

20.11 Processing time and external charges. Refunds will be initiated within any period required by applicable law. Banks and payment providers may require additional time before funds appear on the original payment method.

Any independently imposed bank or currency-conversion charges outside the control of the Company are subject to the relevant third party's rules, but they do not reduce any amount that the relevant contracting party is legally required to refund.

21. Confidentiality and Project Information

21.1 Confidential Information. Non-public Project Requests, User Materials, project instructions, communications, drafts, Deliverables, business information and other information disclosed through the Platform in connection with an Order will be treated as confidential where the nature of the information or the circumstances of disclosure reasonably indicate that it is confidential.

21.2 Use of Confidential Information. The Company may use and process Confidential Information only to the extent reasonably necessary to operate and secure the Platform, administer Project Requests and Orders, facilitate interaction with Independent Service Performers, provide support, investigate fraud or security issues, resolve complaints or payment disputes, comply with applicable legal obligations, or establish, exercise or defend legal claims.

21.3 Access and disclosure. Confidential Information may be disclosed to the relevant Independent Service Performer and to employees, contractors, professional advisers, technology providers and other service providers only where access is reasonably necessary for the relevant purpose and subject to appropriate confidentiality or legal obligations.

21.4 Exclusions. Information will not be treated as confidential to the extent that it:

• is or becomes publicly available other than through a breach of an applicable confidentiality obligation;
• was lawfully known to the receiving party before disclosure;
• is lawfully received from a third party without a confidentiality restriction; or
• is independently developed without use of the Confidential Information.
  21.5 Required disclosures. The Company may disclose Confidential Information where required by applicable law, a court or competent authority, or where reasonably necessary to investigate suspected fraud, protect Platform security, enforce legal rights or respond to a lawful request from an authorised authority or payment provider.
  21.6 Retention. Project information and related records will be retained only for as long as reasonably necessary for the purposes for which they are held, including Order administration, support, dispute resolution, fraud prevention, compliance, accounting or legal claims, and for any longer period required by applicable law.

Where such information contains personal data, the applicable retention and processing arrangements are further described in the Privacy Policy.

22. Dispute Resolution

22.1 Initial resolution. If a dispute arises concerning the Platform, Platform Services, an Account, an Order or related payment or project administration, the affected User should first contact the Company through the applicable support channel and provide sufficient information to identify the Account or Order and explain the issue.

The Company will use reasonable efforts to review the matter and facilitate an appropriate resolution.

22.2 Disputes concerning Visual Marketing Services. Where a dispute concerns Visual Marketing Services independently performed by an Independent Service Performer, the Company may facilitate communications and administer the applicable complaint process through the Platform. Such involvement does not make the Company the provider of those Visual Marketing Services or automatically make it liable for the Service Performer's obligations.

22.3 No restriction of legal rights. The informal dispute process is intended to facilitate resolution and does not prevent either party from exercising a legal remedy, meeting a statutory deadline or seeking urgent or interim relief where available.

22.4 Consumer alternative dispute resolution. Where a Consumer dispute arises directly between a Consumer and the Company and falls within its competence, the Consumer may have the right to seek out-of-court dispute resolution through the Czech Trade Inspection Authority (Česká obchodní inspekce / ČOI) or another competent consumer ADR entity.

The applicable procedure, eligibility requirements and time limits are determined by the rules of the relevant ADR entity in force at the time the complaint is submitted.

22.5 Service Performer disputes. Where a dispute arises solely under an Order between a User and an Independent Service Performer, the competent ADR body or other dispute mechanism may depend on the status and jurisdiction of that Service Performer. The Company's ADR arrangements do not automatically replace the rights or procedures applicable to that separate contractual relationship.

23. Governing Law and Jurisdiction

23.1 Relationship with the Company. These Terms, to the extent they govern the relationship between you and Digital Labs Innovations s.r.o. concerning access to the Website, Accounts, Platform Services and other obligations of the Company, are governed by the laws of the Czech Republic.

23.2 Consumers. If you are a Consumer, the choice of Czech law does not deprive you of any mandatory protection available under the law that would apply to your Consumer contract in the absence of that choice.

23.3 Consumer jurisdiction. Nothing in these Terms limits a Consumer's right to bring proceedings before any court having jurisdiction under applicable mandatory law.

In particular, where the EU consumer jurisdiction rules apply, a Consumer may have the right to bring proceedings either in the courts where the other contracting party is domiciled or in the courts of the Member State where the Consumer is domiciled.

23.4 Non-Consumer Users. If you are not a Consumer, disputes between you and the Company arising from these Terms or the Platform Services will be subject to the jurisdiction of the competent courts of the Czech Republic, unless mandatory law provides otherwise.

23.5 Orders with Independent Service Performers. Where an Order creates a contractual relationship directly between a User and an Independent Service Performer, the law and jurisdiction applicable to that relationship may be identified in the applicable Order Confirmation or determined under applicable conflict-of-law and jurisdiction rules.

Nothing in this Section makes the Company a party to an agreement for Visual Marketing Services merely because the Order was created, administered or paid for through the Platform.

24. Force Majeure

24.1 Events beyond reasonable control. A party will not be responsible for delay or failure to perform an obligation to the extent that performance is prevented or materially delayed by an event beyond that party's reasonable control and the effects of that event could not reasonably have been prevented or overcome.

Such events may include natural disasters, war, civil unrest, government measures, widespread telecommunications or electricity failures, major infrastructure outages, serious cyber incidents despite reasonable security measures, or other comparable external circumstances.

24.2 Third-party failures. A failure affecting a third-party infrastructure or service provider constitutes a force majeure circumstance only to the extent that the resulting disruption was genuinely beyond the reasonable control of the affected party and could not reasonably have been avoided or mitigated.

24.3 Mitigation and notice. The affected party must take reasonable steps to reduce the effects of the event and resume the affected obligations as soon as reasonably practicable. Where a force majeure event materially affects an active Order or Platform functionality, relevant Users should be informed where reasonably practicable.

24.4 Effect on obligations. Only obligations actually affected by the force majeure event are suspended, and only for the period during which performance is materially prevented or delayed.

24.5 Active Orders. Where a force majeure event materially prevents or delays completion of an active Order, its delivery timetable may be reasonably adjusted. If performance becomes impossible or is materially delayed for an extended period, any cancellation, payment or refund consequences will be determined under Sections 17 and 20 and applicable law.

24.6 Accrued and mandatory rights. Force majeure does not remove rights or liabilities that arose before the relevant event and does not exclude any mandatory Consumer right or liability that cannot lawfully be excluded.

25. Changes to These Terms

25.1 Updates. The Company may update these Terms where reasonably necessary to reflect changes to the Platform, applicable law, security requirements, operational arrangements or the contractual framework governing Platform use.

25.2 Publication and notice. The current version of these Terms and its effective date will be published on the Website. Where an amendment materially affects existing Users' rights or obligations, additional notice will be provided where required by applicable law or where reasonably appropriate.

25.3 Prospective effect. Changes apply prospectively from their stated effective date and do not retroactively alter the material scope, price, Deliverables or other confirmed conditions of an existing Order unless the affected parties agree to the change or the change is required by applicable law.

25.4 Continued use. Where legally effective, continued use of the Platform after updated Terms take effect constitutes acceptance of the revised Terms for future Platform use.

Where applicable law requires express acceptance of a material change, the Company will request that acceptance separately.

25.5 Disagreement with changes. If you do not agree to updated Terms, you may discontinue future use of the Platform and request closure of your Account. Existing Orders will remain subject to the version of the Terms applicable when they were confirmed, except where an amendment is required by applicable law or expressly agreed in connection with that Order.

Contact Information

Operator: Digital Labs Innovations s.r.o.

Company Registration Number / IČO: 29546265

Registered Address: Radimovická 1774/13, Chodov, 149 00 Praha 4, Czech Republic

Redtheball Support: support@redtheball.com

Phone: +447377682021