Michal Černáček

Legal Notice and Disclaimer of Liability

This Legal Notice ("Notice") is provided in accordance with § 5 Telemediengesetz (TMG - German Telemedia Act), § 7 Abs. 1 TMG, Act No. 22/2004 Coll. on the Operation of Electronic Services (Slovak Electronic Commerce Act), and EU Directive 2000/31/EC (E-Commerce Directive). This Notice establishes mandatory disclosures, business information, and liability limitations that form a binding part of all interactions with this website and services provided herein.

1. BUSINESS IDENTIFICATION AND OPERATOR INFORMATION

1.1 Business Operator (Service Provider)

Full Legal Name:
Michal Černáček

Business Status:
Independent self-employed freelancer / Sole proprietor operating as a one-person business entity under the laws of the Slovak Republic.

Jurisdiction of Registration:
Slovak Republic (European Union Member State)

Primary Business Address:
Slovakia

Business Contact Email:
michal@cernacek.com

Business Website:
cernacek.com

1.2 Regulatory Compliance Status

This business complies with the Slovak law regime, EU directives, and international privacy and consumer protection standards. The service provider is not subject to professional licensing requirements for digital marketing and advertising services as defined under Slovak and EU law, but maintains voluntary compliance with GDPR, CCPA, and other international data protection frameworks at or above minimum legal standards.

1.3 Liability Insurance and Professional Indemnity

The service provider operates with professional indemnity at a reasonable commercial level. However, clients are responsible for verifying that service provider insurance (if any) covers their specific use case. All professional services are provided on a "results-not-guaranteed" basis as detailed herein.

2. SCOPE OF SERVICES AND GEOGRAPHIC LIMITATIONS

2.1 Permitted Service Regions

Services (including advertising campaign management, creative production, and strategy) are provided exclusively to clients located in, or targeting audiences in, the following regions:

European Union and European Economic Area (EEA) - including all EU27 member states, UK, Iceland, Liechtenstein, Norway, and Switzerland
North America - United States, Canada, Mexico
Oceania - Australia, New Zealand

2.2 Explicitly Excluded Regions

The service provider DOES NOT provide services targeting audiences in or for clients located in:

Africa - All African nations and territories
Asia - All Asian nations, including but not limited to: India, China, Japan, South Korea, Southeast Asia, Middle East

Enforcement of Geographic Restrictions: If a client engages the service provider while located in, or requests advertising targeting in, an explicitly excluded region, the service provider reserves the absolute right to: (a) immediately terminate the engagement, (b) retain all fees paid, (c) delete all work product without refund. The client is solely responsible for disclosing their jurisdiction and audience location.

2.3 Compliance Scope

The service provider maintains compliance frameworks for the permitted regions only. Clients requesting services outside these regions shall indemnify the service provider against any regulatory, legal, or compliance claims arising from such requests. The service provider makes no warranty of compliance with regional laws in Africa, Asia, or other excluded jurisdictions.

3. SERVICES DESCRIPTION AND LIMITATIONS

3.1 Core Service Offerings

The service provider specializes in:

META (Facebook, Instagram) advertising campaign management and optimization
AI-powered creative asset generation, refinement, and production
Campaign strategy, audience research, and targeting optimization
Performance analysis, reporting, and ongoing improvement recommendations
Social media content creation and scheduling
Brand identity and visual design services

3.2 NO GUARANTEE OF RESULTS

CRITICAL DISCLAIMER: The service provider makes ABSOLUTELY NO GUARANTEE, REPRESENTATION, OR WARRANTY that services will produce:

Any specific return on ad spend (ROAS) or return on investment (ROI)
Any minimum number of leads, sales, conversions, or impressions
Any specific cost per acquisition (CPA) or cost per click (CPC)
Any improvement in conversion rates or website traffic
Viral content, social media growth, or engagement metrics
Algorithm visibility, platform preferential treatment, or organic reach
Brand awareness, market share, or business profitability improvements

Services are provided on a professional "best efforts" basis only. Campaign performance depends on countless variables beyond service provider control, including but not limited to: market conditions, competition, audience responsiveness, product quality, pricing, economic conditions, third-party platform policy changes, algorithm modifications, and external market forces. By engaging services, the client acknowledges and accepts full responsibility for campaign outcomes and the inherent risks of digital marketing.

4. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP

4.1 Client-Provided Content

The client warrants and guarantees that:

All content, images, videos, copy, trademarks, logos, and materials provided to service provider are either owned by the client or properly licensed for use
NO third-party intellectual property rights are infringed by such content
Content does not violate laws, platform policies, advertising standards, or third-party rights
Client holds all necessary authority to grant the service provider rights to use and modify content

Indemnification: Client indemnifies, defends, and holds harmless the service provider from any claims, damages, costs, or liabilities arising from:

Third-party intellectual property infringement claims related to client-provided content
Copyright, trademark, patent, or trade secret violations by client materials
Defamation, false advertising, or misleading claims in client content
Regulatory violations or platform policy breaches by client materials

4.2 Service Provider-Generated Content

Upon full payment of all fees invoiced, the client receives exclusive ownership of custom creative deliverables (designs, videos, copy, graphics) specifically created for the client's brand. Service provider retains the right to:

Use completed work in portfolio, case studies, and professional marketing without client name or identifying details if confidentiality is requested
Display work in creative showcases and professional references
Reference the engagement as a professional engagement (without specific results or sensitive information)

4.3 Third-Party Licensed Content

All stock images, music, fonts, templates, and third-party assets are licensed for the specific, agreed-upon use only. Client agrees NOT to:

Relicense, resell, or redistribute licensed content
Use licensed content outside the scope of the original campaign
Sublicense content to third parties
Violate terms of third-party licenses

Service provider is not liable for client violations of third-party license agreements. Client shall defend and indemnify service provider against any such claims.

4.4 AI-Generated Content

AI-generated content (images, copy, designs) is created using proprietary AI tools. While all AI output is reviewed and refined by human professionals, AI systems may occasionally produce unexpected, inaccurate, or inappropriate results. Client is responsible for reviewing all deliverables before campaign launch and approving final output. Service provider shall not be liable for unreviewed AI-generated content used in live campaigns.

5. PAYMENT TERMS AND CONDITIONS

5.1 Payment Requirements (Absolute)

PAYMENT FIRST — WORK AFTER: The service provider WILL NOT begin any work, produce any deliverables, or commence services until full payment has been received, cleared, and verified in the service provider's account. This is an absolute, non-negotiable requirement with no exceptions whatsoever.

5.2 Invoice Due Date

All invoices are due within FIVE (5) CALENDAR DAYS of issuance. This timeline is firm and non-negotiable. The only consequence of late payment is that work will not commence until full payment has been received, cleared, and verified in service provider's account. If payment is received after the due date, service provider reserves the absolute right to decline all future engagements with the client and refuse to work with them going forward.

5.3 Payment Methods and Fees

Preferred Method — Bank Transfer: Direct bank transfer to service provider's business account. Bank transfers carry no processing fees and are the strongly preferred method.

Alternative Method — Stripe (Rare): Credit card payments via Stripe are accepted ONLY in exceptional circumstances and require explicit written agreement. Stripe payments incur 2.9% + €0.30 processing fees, which are passed to the client in full. Bank transfer is the standard requirement.

5.4 Currency and Taxes

All prices are quoted in EUR (Euro) unless explicitly stated otherwise. Pricing excludes applicable VAT (Value Added Tax), sales tax, GST, or similar consumption taxes. Client is responsible for paying all applicable taxes in their jurisdiction. Service provider is not responsible for client tax obligations or compliance.

5.5 Chargeback and Payment Dispute Policy

CRITICAL: If a client initiates a chargeback, payment reversal, or dispute through their financial institution WITHOUT first contacting service provider in writing, the client:

Commits a material breach of this agreement
Authorizes the service provider to pursue full cost recovery including chargeback fees (typically €15-€100 per chargeback)
Forfeits all rights to deliverables and work product
Shall be permanently blacklisted from future services
Authorizes the service provider to pursue collection through external agencies

ANY billing dispute MUST be communicated in writing within SEVEN (7) DAYS of invoice issuance. Service provider will respond within 14 business days. Chargebacks initiated after this period are treated as malicious disputes and trigger the penalties above.

5.6 Advertising Spend (Ad Budget)

Ad spend budgets allocated to third-party advertising platforms (META, Google Ads, etc.) are NON-REFUNDABLE and the property of those platforms. Service provider does not collect, manage, or refund ad spend budgets. Clients allocate ad spend directly to advertising platforms. Once ad spend is transferred to a platform account, it is irreversible and non-recoverable by service provider or client.

6. NO REFUND POLICY (ABSOLUTE AND FINAL)

UNCONDITIONAL NO-REFUND POLICY: Once payment has been received and confirmed, ABSOLUTELY NO REFUNDS will be issued under ANY circumstances whatsoever. This policy is firm, final, and non-negotiable and applies to all clients, all services, and all situations without exception.

6.1 Non-Refundable Items (Comprehensive)

All setup fees (one-time, non-refundable upon payment)
All retainer fees and ongoing service fees
All creative deliverables (designs, videos, copy, images, graphics)
All consultation and strategy sessions
All revisions, refinements, and optimization work
Partially completed work at time of cancellation
Campaign setup, configuration, and pixel implementation
All advertising platform fees and ad spend allocated to platforms
Third-party software licenses and tool subscriptions
Time spent on project planning, research, and analysis
Administrative and management fees

6.2 Cancellation and Early Termination

If client cancels ongoing services at any time:

All fees paid remain NON-REFUNDABLE
Client remains liable for all charges through the end of the current billing period
Work in progress is deleted and not delivered
Service provider may require 30 days written notice before termination

6.3 Support and Revisions (NOT Refunds)

Rather than refunds, client receives:

Minor Revisions: Up to 2-3 rounds of minor changes (text edits, color adjustments, minor layout tweaks, each taking less than 30 minutes)
Technical Support: Assistance with implementation issues and platform troubleshooting
Guidance and Recommendations: Advice on campaign optimization and strategy improvements
NO Unlimited Revisions, Reworks, or Direction Changes: After 2-3 minor rounds, substantial changes are new scope of work and require separate project engagement and payment

7. LIMITATION OF LIABILITY

7.1 Liability Cap (Absolute Maximum)

MAXIMUM LIABILITY: The service provider's total liability for any and all claims arising from or relating to services, this agreement, website, or interactions herein shall NOT EXCEED the lesser of:

The total amount of fees PAID by the client in the THREE (3) CALENDAR MONTHS immediately preceding the claim, OR
€100 (EUR one hundred) if no fees were paid or within the lookback period

This cap applies regardless of the legal theory (contract, tort, negligence, strict liability, warranty breach, etc.), the nature of damages claimed, or whether service provider was advised of the possibility of such damages.

7.2 NO LIABILITY FOR INDIRECT DAMAGES

THE SERVICE PROVIDER IS NOT LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, lost revenue, lost business opportunities, or lost business value
Loss of goodwill, reputation, brand damage, or customer relationships
Lost data, data corruption, or business interruption
Cost of substitute goods, services, or work
Personal injury, property damage, or physical harm
Third-party claims, damages, or settlements
Regulatory fines, penalties, or sanctions (client is responsible for compliance)
Any damages the client should have foreseen or mitigated

7.3 Exclusions from Liability Cap

Notwithstanding the above, the liability cap does NOT apply to:

Gross negligence or willful misconduct (which would be extremely difficult to prove)
Breach of confidentiality obligations
Infringement of third-party intellectual property (if service provider is found liable)
Claims arising from service provider's gross violation of law

8. PLATFORM DEPENDENCY AND THIRD-PARTY RISKS

Services depend entirely on third-party advertising and social media platforms (META, Google, LinkedIn, etc.). Service provider is NOT responsible for:

Platform policy changes, algorithm modifications, or feature deprecation
Account suspensions, bans, or restrictions (unless caused by service provider's gross negligence)
Platform outages, technical failures, or unavailability
Changes to platform targeting, audience data, or pricing
Third-party platform rejection of ads or campaigns
Platform data accuracy, discrepancies, or reporting errors

Client acknowledges platforms are independent third parties with their own terms, policies, and enforcement mechanisms. Service provider is not an agent of platforms and cannot control platform behavior.

9. TERMINATION FOR ABUSE AND MALICIOUS USE

Service provider reserves the absolute right to immediately terminate services and terminate the agreement if:

Client engages in fraudulent, deceptive, or illegal activity
Client violates advertising platform policies or laws
Client initiates chargebacks or payment disputes without basis
Client harasses, threatens, or abuses the service provider
Client violates terms of this agreement in a material way
Client engages with prohibited products (illegal goods, counterfeits, etc.)
Client fails to pay invoices

Upon termination for abuse: All fees are retained, all work is deleted, and client is permanently blacklisted. No refund, explanation, or further service is provided.

10. GOVERNING LAW AND JURISDICTION

GOVERNING LAW: This Legal Notice, all agreements, and all disputes are governed exclusively by the laws of the Slovak Republic (Slovenská Republika), without regard to its conflict of laws principles. Applicable legal instruments include:

Act No. 22/2004 Coll. on the Operation of Electronic Services (Slovak E-Commerce Law)
General Code of Civil Procedure of the Slovak Republic
EU Directives as implemented in Slovak law

JURISDICTION: Any disputes arising from this agreement, services, or website shall be subject to the exclusive jurisdiction of the Slovak Republic. Specifically, disputes shall be resolved in the competent courts of the Slovak Republic where the service provider is located. Client irrevocably consents to this jurisdiction and waives any objection to venue.

NOTE: Notwithstanding the above, nothing herein prevents either party from seeking equitable relief (injunctions) in any court of competent jurisdiction, or filing in small claims court where applicable.

11. DISCLAIMER OF WARRANTIES

SERVICES PROVIDED "AS-IS" AND "AS AVAILABLE":

All services, deliverables, and content are provided "as-is" without any warranties, express or implied
Service provider makes NO warranty of merchantability, fitness for a particular purpose, or non-infringement
Service provider does NOT warrant that services will be error-free, uninterrupted, or secure
Service provider does NOT warrant that any particular result, outcome, or objective will be achieved
Client assumes all risk related to use of services and deliverables

12. ENTIRE AGREEMENT AND SEVERABILITY

This Legal Notice, combined with Terms of Service, Privacy Policy, Cookie Policy, and any written proposal or contract, constitutes the ENTIRE AGREEMENT between client and service provider and supersedes all prior negotiations, understandings, and agreements whether written or oral.

If any provision of this Notice is found unenforceable by a competent court, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

13. CONTACT INFORMATION FOR LEGAL MATTERS

Service Provider Contact:
Michal Černáček
Slovakia
michal@cernacek.com

All legal notices, disputes, and formal complaints must be submitted in writing to this email address. Verbal or informal complaints are not actionable.

14. ACKNOWLEDGMENT AND BINDING NATURE

By accessing this website, viewing this Notice, or engaging the service provider for services, the client:

Acknowledges having read this entire Legal Notice
Understands and accepts all terms, limitations, and disclaimers herein
Agrees to be bound by all provisions of this Notice
Acknowledges that this Notice forms a binding part of any services agreement
Waives any claims based on lack of notice or understanding

Legal Notice (Impressum)