General terms and conditions for EliteFans content creators

Part I.
Terms and conditions for consumers

1. General provisions

1.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the contracting parties arising from the EliteFans Framework Contract on the Provision of a Trading Platform and Debt Collection (hereinafter referred to as the “Trading Platform Provision Contract”) entered into between Elite Corporation s. r. o., with its registered office at Kláštorská 492/2, 921 01 Piešťany, company ID: 53 469 151, registered in the Commercial Register in the District Court of Trnava, Section: Sro, File No.: 48121/T (hereinafter referred to as the “Provider”) and the content creator - the consumer (hereinafter referred to as the “Creator”), th subject of which is the regulation of mutual rights and obligations of the Provider and the Creator. Service means the EliteFans service.

Contact details of the provider:

e-mail: [email protected]
tel.: +421 915 376 588
postal address: Kláštorská 492/2, 921 01 Piešťany

Account number for non-cash payments:
Bank. Fio Banka a. s.
IBAN: SK6483300000002301920782
(SWIFT): FIOZSKBAXXX

Supervisory authority:
Slovak Trade Inspection (Slovenská obchodná inšpekcia - SOI)
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Supervision department
tel. 033/321 25 27, 033/321 25 21
fax 033/321 25 23

1.2 The Provider operates services related to the use of the EliteFans software application, which enables the upload, promotion and purchase of content (hereinafter referred to as the “EliteFans Service” or “EliteFans”). These Terms and Conditions govern each use of the EliteFans service, whether or not accessed by the Creator from the Provider's website at www.elitefans.com (or in any localized version) (hereinafter referred to as the “Website”), from the Provider's mobile website or any other access point provided to the Creator. Any offer from a competitor is considered fraudulent and misuse of the reputation of the company Elite Corporation s. r. o., as an EliteFans service provider.

1.3 For the purposes of this part of the Terms Conditions, the Creator means the consumer in accordance with §2(a) of Act no. 250/2007 Coll., on consumer protection.

1.4 The Creator can only be a person older than 18 years of age residing in the Slovak Republic, in another EU Member State or in a third country.

1.5 The Creator is a registered natural/legal person who uploads, promotes content (photos, videos) under predetermined conditions.

1.6 If the Provider and the Creator enter into a written contract in which they agree on conditions different from the General Terms And Conditions, the Framework Contract on the Provision of a Trading Platform and Debt Collection shall take precedence over the General Terms and Conditions.

1.7 The General Terms and Conditions are an integral part of the Framework Contract on the Provision of a Trading Platform and Debt Collection.

1.8 Unless otherwise stated in these Terms and Conditions, the Provider's liability for any claims and/or damages incurred and/or in any way related to interactions or actions with other users and actions and/or omissions of the content creator, whether online or offline, is the content Creator's responsibility.

1.9 By accessing and using EliteFans, you acknowledge that: you are at least 18 years of age and will comply with the laws that apply to your business through or related to the EliteFans Service.

2. Registration and method of concluding the Framework Contract on the Provision of a Trading Platform and Debt Collection

2.1 Every visitor to the website www.elitefans.com who wants to use some aspects of the EliteFans Service is obliged to register first: to create a user name, enter an e-mail and password (regular user). If you choose to use the EliteFans Service, you agree to provide accurate information about yourself and to keep it up to date. You agree to notify us immediately of any unauthorized use of your account. In order for the registration to be successful, the visitor is obliged to click“I have read the Terms and Conditions, Complaints Policy and Privacy Policy, I understand their content and I fully agree with them.” You need to confirm your e-mail address to verify your registration. After completing this registration, the Service User will have a current account through which they will be able to browse, monitor the offered content and purchase this content.

2.2 In order for a regular user to become a Creator, it is necessary to ask the Provider for the function in question in the profile. Within this application it is necessary to fill in: name and surname, date of birth, address, city, postal code, country, validity date of the verification document, photograph of the verification document, photograph of the person together with the verification document.

2.3 An identity document, a driving license or a passport is considered to be a verification document within the meaning of point 2.2.

2.4 In order to prevent the misuse of personal data and to verify the true identity of the content Creator, it is necessary, in accordance with point 2.2, to upload a photograph of the person so that this person is holding the selected verification document.

2.5 After sending all the data in accordance with point 2.2., the Provider will receive a request for verification of the Creator to the administration. Provided that the conditions set out in these Terms And Conditions are met, the request will be approved by the Creator. The Provider may refuse the registration if:

  • a) the person is not at least 18 years old,
  • b) the photographs of identity documents are not of sufficient quality or the information on them is not sufficiently visible,
  • c) the data entered do not match the data contained in the identity document.

2.6 After successfully verifying the identity of the Creator, the Creator will receive a notification in the registered e-mail and at the same time the Creator's functions will be unlocked in their profile. In this section, the Creator will be able to view information about content subscribers (EliteFans users). The Creator will also have access to upload and promote posts.

2.7 The content that the Creator uploads to the page can be as follows:

  • - the content is unlocked for all users of the service, i.e. the public,
  • - the content is locked, with a monthly subscription price of $ 0.00. To unlock the content, the service user must upload the payment card information to the EliteFans Service,
  • - the content is locked, with the price of the monthly subscription, excluding VAT, set by the Creator at their discretion; the content will be visible only to those service users who pay a monthly subscription.

2.8 The contract is concluded by the binding acceptance of the proposal of the conclusion of the contract by the Provider in the form of a completed and sent form on the Provider's website (hereinafter referred to as the “Order”).

2.9 The binding acceptance of the Order contains mainly data on the specification of the service, the provision of which is the subject of the Service Contract, data on the price of the service, information on the delivery time of the service, data on the service operator (business name, registered office, ID number, registration number in the commercial register, etc.) or other information.

2.10 After concluding the contract, the content Creator is obliged to fill in the bank details in their profile to pay a commission from the sale of uploaded content. The content creators contract does not commit to a financial reward if the content Creator does not provide any content. The contract obliges the Provider to be able to offer, sell and collect the advertised content, which will be paid to the content Creators according to the conditions specified in the framework contract on the provision of a trading platform and in accordance with the conditions specified in these Terms and Conditions.

2.11 The content Creator undertakes to use the EliteFans Service only in a lawful manner and only for specified purposes.

2.12 It is forbidden to spread viruses or other malicious code in the EliteFans Service or through the EliteFans Service, use the EliteFans Service for purposes that violate the law.

2.13 It is prohibited to use the EliteFans Service to ensure the provision and purchase of services with another user, or to use the EliteFans Service for the purposes of EliteFans' competitors, or to promote other products or services.

2.14 It is prohibited to post reviews about service providers that are not based on your personal experience that are intentionally inaccurate or misleading or violate these Terms and Conditions.

2.15 It is forbidden to publish content or materials that are threatening, harassing, offensive or that contain graphic violence, incite violence, infringe the intellectual property rights or infringe the law or legal rights (such as privacy rights) of others. The completeness, truthfulness and the accuracy of the published content and information relating to the content creator is the sole responsibility of the content creator. The Provider does not participate in any way in the creation of the content.

2.16 It is forbidden to publish “spam” or other unauthorized commercial announcements.

2.17 The EliteFans Service may only be used for its own purposes and not to impersonate another person. You may not transfer or authorize another person to use the created EliteFans account, or engage in fraudulent transactions, provide false information in your profile or register for the EliteFans Service, or create multiple or duplicate accounts, and interfere with other users providing or using the EliteFans Service.

2.18 Suspension and termination. The Service Provider reserves the right to suspend or terminate access to the EliteFans Service: (1) if the conduct on the EliteFans website or service is inappropriate, dangerous, dishonest or in violation of these terms; or (2) if it is necessary to protect the company Elite Corporation s. r. o., its users or the public. The Provider may suspend or terminate your use of the EliteFans Service at any time for any reason. You can deactivate your account by contacting your Service Provider. In case of outstanding payment obligations, the Provider suspends or cancels the Creator's account.

3. Rights and obligations of the Provider

3.1 The Provider is obliged to provide the Creator with a space on the trading platform, through which, after registering on the Provider's platform, they can upload and promote various content created by them (photos and videos); this content will be sold by the Provider, under the conditions specified in the contract, to the registered service users. The Creator undertakes to pay a fee (commission) to the Provider for the performed activity in a predetermined amount and also undertakes to comply with all contractual arrangements.

3.2 The Provider has the right to cancel the order if, due to unavailability or malfunction of the service, they are unable to operate the service to the service user within the period specified in these Terms and Conditions or at the price stated on the Website, unless an alternative performance is agreed with the service user. The Service User will be informed about the cancellation of the Order by telephone or e-mail, and in the case of payment for the Service or part thereof, the funds will be returned to them within 14 days to the account designated by them, unless otherwise agreed with the Provider.

3.3 The Provider will try for maximum functionality and availability of the Service provided.

3.4 The Provider does not guarantee that the EliteFans Service will meet the specific requirements of the Creator and is not be liable for damages caused thereby (lost profits).

3.5 The Provider is not liable for damage caused by loss or damage to stored data, or for temporary interruption of the Service.

4. Rights and obligations of the Creator

4.1 The Creator is obliged to:

  • a. take over the provided Service,
  • b. do not damage the good name of the Provider.

4.2 The Creator has the right to be provided with the service in the quality and on the date agreed by the contracting parties in the binding acceptance of the order.

4.3 The Creator is entitled to the payment of remuneration according to the conditions specified in these Terms And Conditions.

4.4 The content Creator is not entitled to intentionally misuse the system or otherwise overload the server.

5. Payment terms

5.1 The conditions of the commission, its amount and the payment of the commission are regulated in detail in the framework contract.

5.2 The Provider ensures the sale, invoicing and acceptance of rewards from service users for the purchased content and subsequently, if the conditions under these Terms and Conditions are met, the Provider sends the commission to the content Creator's bank account after filling in the invoicing data and account number and especially after reaching at least the amount of EUR 20.00. The commission will be sent every 2 weeks.

6. Intellectual property

The company Elite Corporation s. r. o. and its licensors retain all rights, title and interest in relation to the EliteFans Service, the technology and software used to provide them, all electronic documentation and content available through the EliteFans Service (excluding your content), and all intellectual property and proprietary rights. Except for your rights to access and use the EliteFans Service set forth in these Terms and Conditions, none of these Terms and Conditions grants or expresses any of our intellectual property rights or proprietary rights to anyone, including you. You agree that we will have the permanent right to use and incorporate any feedback or suggestions for improvement into the EliteFans Service that you provide to us in connection with the EliteFans Service, without any obligation for compensation.

7. Complaints procedure (liability for errors, warranty, complaints)

7.1. The Provider is responsible for errors in the service and the Creator is obliged to immediately file a complaint with the Provider according to the valid complaint procedure.

7.2. This Complaints Procedure apply to the handling of complaints.

7.3. The Complaints Procedure applies to the service used by the Creator and operated by the Provider in the form of an electronic shop on the website www.elitefans.com.

7.4. The Complaint Procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.

7.5. The Creator has the right to claim a warranty from the Provider only for a service that shows errors caused by the Provider, is covered by the warranty and was purchased from the Provider.

7.6. The Creator is obliged to check the operation of the service after its provision by the Provider. If they fail to do so, they may claim from the errors found during that inspection only if they demonstrate that the Service already had those errors at the time it was provided.

7.7. During the warranty period, the Creator has the right to eliminate the errors free of charge after notifying the Provider, and submit any proof of payment for the service to the authorized representative of the Provider.

7.8. The complaints are handled by the Provider on working days via the e-mail address: [email protected].

7.9. The Provider is obliged to accept the complaint in any of its establishments in which the acceptance of the complaint is possible, i.e. at their registered office or at a designated person in accordance with provisions of §18(2) of Act No. 250/2007 Coll., on consumer protection (hereinafter referred to as the “Consumer Protection Act”).

7.10. In the place designated in accordance with point 7.9 of these General Terms and Conditions for receiving complaints, the Provider is obliged to ensure the presence of a person authorized to handle complaints in accordance with provisions of §18(3) of the Consumer Protection Act.

7.11. The Creator is obliged to complain about the service errors to the Provider without undue delay, otherwise their right to eliminate the error free of charge expires.

7.12. The Provider or the designated person shall issue a confirmation of the application of the service complaint to the Creator, in a suitable form chosen by the Provider, e.g. in the form of an e-mail or in writing, in which they are obliged to accurately indicate the errors of the service in accordance with provisions of §18(5) of the Consumer Protection Act and to inform the consumer about their rights arising from provisions of §622 and provisions of §623 of the Civil Code. If the complaint is made by means of long-distance communication, the Provider is obliged to deliver the confirmation of the complaint to the Creator immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; the confirmation of the claim need not be delivered if the Creator has the opportunity to prove the claim in another way.

7.13. Based on the decision of the Creator, which they exercise in accordance with Art. §622 and provisions of §623 of the Civil Code, the Provider or the designated person is obliged to determine the method of handling complaints in accordance with provisions of §2(m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the state of the Service is required, no later than 30 days from the date of the beginning of the complaint procedure. After determining the method of handling the complaint, the Provider or the designated person will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to a new service. The Provider informs the Creator about the termination of the complaint procedure and the result of the complaint in the form agreed between both Contracting Parties (by e-mail and registered letter) and at the same time the Creator shall receive a complaint protocol. If the Creator has lodged a complaint within the first 12 months from the conclusion of the contract, the Provider may settle the complaint only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as the “Expert Assessment of the Service”). Irrespective of the result of the Expert Assessment, the Provider may not require the Creator to pay the costs of the Expert Assessment or other costs related to the Expert Assessment of the Service. If the Creator has filed a complaint about the service 12 months after the conclusion of the contract and the Provider has rejected it, the person who handled the complaint is obliged to state in the complaint handling document where the Creator can have the service assessed to obtain the Expert Assessment. If the Creator gives the service for an Expert Assessment to the designated person specified in the document on the handling of the complaint, the costs of the Expert Assessment of the Service, as well as all other related purposefully incurred costs shall be borne by the Provider regardless of the result of the Expert Assessment. If the Creator proves, on the basis of the Expert Assessment, the Provider's responsibility for the claimed error of the Service, they can file a complaint again; the warranty period does not run during the Expert Assessment of the Service. The Provider is obliged to pay the Creator all costs incurred for the Expert Assessment of the Service, as well as all related purposefully incurred costs within 14 days from the date of the re-filed complaint. A re-submitted claim cannot be rejected.

7.14. The Creator is not entitled to claim the warranty for errors of which they were notified by the Provider at the time of concluding the service contract or about which, having regard to the circumstances under which the contract was concluded, they must have known.

7.15. The Provider may always provide a new service to the Creator instead of remedying the defect, provided that this does not cause serious inconvenience to the Creator.

7.16. The right to claim the warranty from the Provider expires:

  • 1. If the Creator does not prove that they have purchased the service from the Provider,
  • 2. By failure to report obvious errors in the provision of the service,
  • 3. upon expiry of the warranty period of service,
  • 4. by damage to the service caused by the Creator,
  • 5. by improper handling or operation of the service,
  • 6. by damage to the service due to unavoidable and/or unforeseeable events,
  • 7. by damage to the service by accidental destruction and accidental deterioration,
  • 8. unprofessional intervention or other force majeure,
  • 9. by interfering with the service by an unauthorized person.

7.17. The Provider is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

  • 1. service error correction,
  • 2. provision of a new service,
  • 3. refund of payment for the service,
  • 4. by paying a reasonable discount on payment for the service,
  • 5. a written invitation to take over the performance specified by the Provider,
  • 6. reasoned rejection of the service complaint.

7.18. The Provider is obliged to issue a written document on the method of determining the method of handling the complaint and on the handling of the complaint to the Creator no later than 30 days from the date of the complaint through the Provider of postal or courier or delivery service or via e-mail.

7.19. The warranty period is 24 months (unless a different warranty period is specified for specific cases) and starts from the date of providing the service to the Creator.

7.20. The warranty period is extended by the time during which the Creator could not use the service due to warranty repair of the service.

7.21. In case of providing a new service, the Creator shall receive a document on which the new service will be listed, and any further complaints will be applied on the basis of the original invoice and proof of payment for the service and this complaint document. In case of the provision of a new service, the warranty period begins to run again from the provision of the new service, but only for the new service.

7.22. All warranty repairs are free of charge if the right to claim the warranty according to clause 7.16 of these General Terms and Conditions has not expired by the time of their application.

7.23. With regard to the remediable error, the complaint will be settled depending on the decision of the Creator according to point 7.13. of this Complaint Procedure and the Terms and Conditions as follows:

  • 1. the Provider ensures that the error is remedied, or
  • 2. the Provider will provide a new service.

7.24. In case of an error which cannot be remedied, or of one repeated repeated remediable error, or of a number of different remediable errors, and which prevent the Service from being properly used as error-free, the Provider will provide, depending on the decision of the Service User according to point 7.13 of this Complaint Procedure and the Terms and Conditions, the complaint is as follows:

  • 1. by providing another new service, functional, with the same or better technical parameters, or
  • 2. If the Provider is unable to provide another new service, it will settle the complaint by issuing a credit note for the faulty service.

7.25. The complaint handling only applies to errors listed in the complaint form.

7.26. For the purposes of a complaint, the occurrence of one remediable error more than twice is considered to be a recurring remediable error.

7.27. For the purposes of a complaint, the occurrence of more than three different remediable errors at the same time is considered to be a larger number of different remediable errors.

7.28. For the purposes of the complaint, the period during which, after concluding the service contract, the Service User cannot properly use the service due to service errors, is considered to be a period that together totals more than 180 days.

7.29. The right of the creator to file a claim for a service error is after they have exercised their right and asked the Provider to eliminate the service error according to point 7.8. of this Complaint Procedure and the Terms and Conditions, exhausted and regardless of the result of the complaint, they are no longer entitled to file a complaint repeatedly for the same unique error (not an error of the same type).

7.30. If the Provider terminates the complaint procedure as a justified rejection of the complaint, but the service error objectively exists and has not been eliminated, the Creator can exercise their right to rectify the service error through the court.

8. Personal data and their protection

8.1. The Provider has taken appropriate technical, organizational and personnel measures corresponding to the method of personal data processing, taking into account, in particular, the applicable technical means, confidentiality and importance of processed personal data, as well as the extent of possible risks that may affect the security or functionality of its information systems in accordance with Act No. 18/2018 Coll., on the protection of personal data. The Creator agrees to the processing of their personal data in accordance with these rules (by clicking here you will see the Privacy Policy).

9. Termination of service operation

9.1. The contract for the provision of a trading platform is concluded for an indefinite period.

9.2. This Contract may terminate:

  • a) by agreement of the contracting parties,
  • b) by a notice by either contracting party,
  • c) withdrawal from the contract by either contracting party.

9.3. The Creator may terminate this Contract at any time, by unilateral action - by deleting their account on the platform of the EliteFans Provider.

9.4. By granting consent to the commencement of the provision of the Service, the Creator loses the right to withdraw from the service contract on the operation of the service.

9.5. The Creator is not entitled to withdraw from the service contract in accordance with §7(6)(a) of Act no. 102/2014 Coll., on consumer protection in the sale of goods or provision of services on the basis of a remotely concluded contract or a contract concluded outside the premises of the seller and on the amendment of certain laws. According to the provision in question “the provision of a Service has been provided with the express consent of the consumer and the consumer has stated that they have been duly informed that, by giving their consent, they lose the right to withdraw from the contract after full provision of the Service.“

9.6. The Creator is not entitled to withdraw from the contract if:

  • - it is the provision of electronic content other than on a material medium, if its provision began with the express consent of the consumer and the consumer has stated that they have been duly informed that by expressing that consent they lose the right to withdraw from the contract;
  • - the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that they have been duly informed that, by expressing that consent, they lose the right to withdraw from the contract after the full provision of the service.

10. Alternative dispute resolution

10.1. The Creator - the consumer is entitled to come to the Provider with a request for remedy if they were not satisfied with the way in which the Provider handled their complaint or if they believe that the Provider has violated their rights. If the Provider rejects such a request or does not respond within 30 days from the date of its dispatch, the Creator - the consumer has the right to file a motion to initiate alternative dispute resolution of the subject of the alternative dispute resolution. The subjects of alternative dispute resolution are bodies and authorized legal entities in accordance with §3 of Act No. 391/2015 Coll., on alternative dispute resolution for consumer disputes, e.g. Slovak Trade Inspection, whereby the Creator - the consumer is entitled to choose the subject of the alternative resolution of consumer disputes to which they come to. The e-mail contact for the provider is [email protected]. The Creator - the consumer proceeds in accordance with §12 of Act No. 391/2015 Coll., on alternative resolution of consumer disputes. Alternative dispute resolution can settle a dispute between the Creator - the consumer and the Provider, arising from the consumer contract or related to the consumer contract. The value of a dispute settled by alternative dispute resolution must exceed EUR 20.00. The subject of the alternative dispute resolution may charge the Creator - the consumer a fee for the initiation of the alternative dispute resolution up to the amount of EUR 5.00, including value added tax, at the same time as the notification of the initiation of the alternative dispute resolution.

10.2. The Creators - the consumers are entitled to use the online dispute resolution platform (“RSO”) to resolve their disputes, in the language of their choice. The Creator - the consumer can use the RSO platform, available on the website http://ec.europa.eu/consumers/odr/. The Creator - the consumer fills in the electronic complaint form when submitting the submission to the RSO platform. The information they submit must be sufficient to identify the relevant subject of the alternative dispute resolution online. The Creator - the consumer can attach documents in support of their complaint.

11. Final provisions

11.1. The Provider reserves the right to change these General Terms And Conditions. The obligation to notify the change of these General Terms And Conditions in writing is fulfilled by placing them on the electronic shop Provider's website.

11.2. If the contract is concluded in writing, any change must be made in writing.

11.3. The contracting parties have agreed that communication between them will take place mainly in the form of e-mail messages, or by letter.

11.4. The relevant provisions of the Civil Code, Act No. 22/2004 Coll., on electronic commerce and on amendments to Act No. 128/2002 Coll., on state control of the internal market in matters of consumer protection and on amendments to certain acts, as amended by Act No. 284/2002 Coll. as amended, Act No. 250/2007 Coll., on consumer protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll., on offences, as later amended, Act No. 18/2018 Coll., on personal data protection, and Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services on the basis of a remotely concluded contract or a contract concluded outside the premises of the seller and on the amendment to certain laws.

11.5. If the registered Creator is a citizen of a state other than the Slovak Republic the legal relations arising and connected with the EliteFans Service are governed by the law of the Slovak Republic. 11.6. These Terms and Conditions take effect on 8 June 2021


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Part II.
Terms and conditions for non-consumers

1. General provisions

1.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the contracting parties arising from the EliteFans Framework Contract on the Provision of a Trading Platform and Debt Collection (hereinafter referred to as the “Trading Platform Provision Contract”) entered into between Elite Corporation s. r. o., with its registered office at Kláštorská 492/2, 921 01 Piešťany, company ID: 53 469 151, registered in the Commercial Register in the District Court of Trnava, Section: Sro, File No.: 48121/T (hereinafter referred to as the “Provider”) and the content creator - the consumer (hereinafter referred to as the “Creator”), th subject of which is the regulation of mutual rights and obligations of the Provider and the Creator. Service means the EliteFans service.

Contact details of the provider:

e-mail: [email protected]
tel.: +421 915 376 588
postal address: Kláštorská 492/2, 921 01 Piešťany

Account number for non-cash payments:
Bank. Fio Banka a. s.
IBAN: SK6483300000002301920782
(SWIFT): FIOZSKBAXXX

Supervisory authority:
Slovak Trade Inspection (Slovenská obchodná inšpekcia - SOI)
SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Supervision department
tel. 033/321 25 27, 033/321 25 21
fax 033/321 25 23

1.2 The Provider operates services related to the use of the EliteFans software application, which enables the upload, promotion and purchase of content (hereinafter referred to as the “EliteFans Service” or “EliteFans”). These Terms and Conditions govern each use of the EliteFans service, whether or not accessed by the Creator from the Provider's website at www.elitefans.com (or in any localized version) (hereinafter referred to as the “Website”), from the Provider's mobile website or any other access point provided to the Creator. Any offer from a competitor is considered fraudulent and misuse of the reputation of the company Elite Corporation s. r. o., as an EliteFans Service Provider.

1.3 For the purposes of this part of the Terms and Conditions, the content Creator means an entrepreneur or non-consumers.

1.4 For the purposes of these Terms and Conditions, an entrepreneur means a person registered in the Commercial Register; a person who conducts business activity on the basis of a trade license; a person who conducts business activity on the basis of a license other than a trade license in accordance with special regulations; a natural person who performs agricultural production and is registered in accordance with a special regulation.

1.5 The content Creator - the entrepreneur acknowledges that the conditions of the warranty as well as the actual procedure for complaints regulated in these Terms and Conditions, Part II. may be different than in the Terms Conditions, Part I. for consumers.

1.6 The General Terms and Conditions are an integral part of the Framework Contract on the Provision of a Trading Platform and Debt Collection. If the and the service Provider and content Creator enter into a written contract, in which they agree on conditions different from the General Terms and Conditions, the provisions of the contract shall take precedence over the General Terms and Conditions.

1.7 Unless otherwise stated in these Terms and Conditions, the service Provider's liability for any claims and/or damages incurred and/or in any way related to interactions or actions with other users and actions and/or omissions of the content creator, whether online or offline, is the content Creator's responsibility.

1.8 By accessing and using EliteFans, you acknowledge that: you are at least 18 years of age and will comply with the lawsthat apply to your business through or related to the EliteFans Service.

2. Registration and method of concluding the Framework Contract on the Provision of a Trading Platform and Debt Collection

2.1 Every visitor to the website www.elitefans.com who wants to use some aspects of the EliteFans Service is obliged to register first: to create a user name, enter an e-mail and password (regular user). If you choose to use the EliteFans Service, you agree to provide accurate information about yourself and to keep it up to date. You agree to notify us immediately of any unauthorized use of your account. In order for the registration to be successful, the visitor is obliged to click on “I have read the Terms and Conditions, Complaints Policy and Privacy Policy, I understand their content and I fully agree with them.” You need to confirm your e-mail address to verify your registration. After completing this registration, the Creator will have a current account through which they will be able to browse, monitor the offered content and purchase this content.

2.2 In order for a regular user to become a Creator, it is necessary to ask the service Provider for the function in question in the profile. Within this application it is necessary to fill in: name and surname, date of birth, address, city, postal code, country, validity date of the verification document, photograph of the verification document, photograph of the person together with the verification document.

2.3 An identity document, a driving license or a passport is considered to be a verification document within the meaning of point 2.2.

2.4 In order to prevent the misuse of personal data and to verify the true identity of the content Creator, it is necessary, in accordance with point 2.2, to upload a photograph of the person so that this person is holding the selected verification document.

2.5 After sending all the data in accordance with point 2.2., the service Provider will receive a request for verification of the Creator to the administration. Provided that the conditions set out in these Terms And Conditions are met, the request will be approved by the content Creator. The service Provider may refuse the registration if:

  • a) the person is not at least 18 years old,
  • b) the photographs of identity documents are not of sufficient quality or the information on them is not sufficiently visible,
  • c) the data entered do not match the data contained in the identity document.

2.6 After successfully verifying the identity of the Creator, the Creator will receive a notification in the registered e-mail and at the same time the Creator's functions will be unlocked in their profile. In this section, the content Creator will be able to view information about content subscribers (EliteFans users). The content Creator will also have access to upload and promote posts.

2.7 The content that the Creator uploads to the page can be as follows:

  • - the content is unlocked for all users of the service, i.e. the public,
  • - the content is locked, with a monthly subscription price of $ 0.00. To unlock the content, the service user must upload the payment card information to the EliteFans Service,
  • - the content is locked, with the price of the monthly subscription, excluding VAT, set by the Creator at their discretion; the content will be visible only to those users who pay a monthly subscription.

2.8 The contract is concluded by the binding acceptance of the proposal of the conclusion of the contract by the Provider in the form completed and sent by the Creator on the Provider's website (hereinafter referred to as the “Order”).

2.9 The binding acceptance of the Order contains mainly data on the specification of the service, the provision of which is the subject of the Service Contract, data on the price of the service, information on the delivery time of the service, data on the Provider (business name, registered office, ID number, registration number in the commercial register, etc.) or other information.

2.10 After concluding the contract, the content Creator is obliged to fill in the bank details in their profile to pay a commission from the sale of uploaded content. The content creators contract does not commit to a financial reward if the content Creator does not sell any content. The contract obliges the Provider to be able to offer, sell and collect the finances, which will be paid to the content Creators according to the conditions specified in the contract on the provision of a trading platform and in accordance with the conditions specified in these Terms and Conditions.

2.11 The content Creator undertakes to use the EliteFans Service only in a lawful manner and only for specified purposes.

2.12 It is forbidden to spread viruses or other malicious code in the EliteFans Service or through the EliteFans Service, use the EliteFans Service for purposes that violate the law.

2.13 It is prohibited to use the EliteFans Service to ensure the provision and purchase of services with another user, or to use the EliteFans Service for the purposes of EliteFans' competitors, or to promote other products or services.

2.14 It is prohibited to post reviews about service providers that are not based on your personal experience that are intentionally inaccurate or misleading or violate these Terms and Conditions.

2.15 It is forbidden to publish content or materials that are threatening, harassing, offensive or that contain graphic violence, incite violence, infringe the intellectual property rights or infringe the law or legal rights (such as privacy rights) of others. The completeness, truthfulness and the accuracy of the published content and information relating to the content creator is the sole responsibility of the content creator. The Provider does not participate in any way in the creation of the content.

2.16 It is forbidden to publish “spam” or other unauthorized commercial announcements.

2.17 The EliteFans Service may only be used for its own purposes and not to impersonate another person. You may not transfer or authorize another person to use the created EliteFans account, or engage in fraudulent transactions, provide false information in your profile or register for the EliteFans Service, or create multiple or duplicate accounts, and interfere with other users providing or using the EliteFans Service.

2.18 Suspension and termination. The Service Provider reserves the right to suspend or terminate access to the EliteFans Service: (1) if the conduct on the EliteFans website or service is inappropriate, dangerous, dishonest or in violation of these terms; or (2) if it is necessary to protect the company Elite Corporation s. r. o., its users or the public. The Provider may suspend or terminate your use of the EliteFans Service at any time for any reason. You can deactivate your account by contacting your Service Provider. In case of outstanding payment obligations, these suspend or cancel the Creator's account.

3. Rights and obligations of the Provider

3.1 The Provider is obliged to provide the Creator with a space on the trading platform, through which, after registering on the Provider's platform, they can upload and promote various content created by them (photos and videos); this content will be sold by the Provider, under the conditions specified in the contract, to the registered service users. The Creator undertakes to pay a fee (commission) to the Provider for the performed activity in a predetermined amount and also undertakes to comply with all contractual arrangements.

3.2 The Provider has the right to cancel the order if, due to unavailability or malfunction of the service, they are unable to operate the service to the Creator within the period specified in these Terms and Conditions or at the price stated on the Website, unless an alternative performance is agreed with the Creator. The Creator will be informed about the cancellation of the Order by telephone or e-mail, and in the case of payment for the Service or part thereof, the funds will be returned to them within 14 days to the account designated by them, unless otherwise agreed with the Provider.

3.3 The Provider will try for maximum functionality and availability of the Service provided.

3.4 The Provider does not guarantee that the EliteFans Service will meet the specific requirements of the Creator and is not be liable for damages caused thereby (lost profits).

3.5 The Provider is not liable for damage caused by loss or damage to stored data, or for temporary interruption of the Service.

4. Rights and obligations of the content Creator

4.1 The content Creator is obliged to:

  • a) take over the provided service,
  • b) do not damage the good name of the Provider.

4.2 The content Creator has the right to be provided with the service in the quality and on the date agreed by the contracting parties in the binding acceptance of the order.

4.3 The content Creator is entitled to the payment of commissions according to the conditions specified in these Terms And Conditions.

4.4 The content Creator is not entitled to intentionally misuse the system or otherwise overload the server.

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5. Payment terms

5.1 The conditions of the commission, its amount and the payment of the commission are regulated in detail in the framework contract.

5.2 The Provider ensures the sale, invoicing and acceptance of rewards from service users and subsequently, if the conditions under these Terms and Conditions are met, the Provider sends the commission to the content Creator's bank account after filling in the invoicing data and account number and especially after reaching at least the amount of EUR 20.00. The commission will be sent every 2 weeks.

6. Intellectual property

The company Elite Corporation s. r. o. and its licensors retain all rights, title and interest in relation to the EliteFans Service, the technology and software used to provide them, all electronic documentation and content available through the EliteFans Service (excluding your content), and all intellectual property and proprietary rights. Except for your rights to access and use the EliteFans Service set forth in these Terms and Conditions, none of these Terms and Conditions grants or expresses any of our intellectual property rights or proprietary rights to anyone, including you. You agree that we will have the permanent right to use and incorporate any feedback or suggestions for improvement into the EliteFans Service that you provide to us in connection with the EliteFans Service, without any obligation for compensation.

7. Complaints procedure (liability for errors, warranty, complaints) for entrepreneurs

7.1. The Provider is responsible for errors in the service and the content Creator is obliged to immediately file a complaint with the Provider according to the valid complaint procedure.

7.2. This Complaints Procedure apply to the handling of complaints.

7.3. The Complaints Procedure applies to the service bought by the Creator and operated by the Provider in the form of an electronic shop on the website of the Provider´s electronic shop.

7.4. The Complaint Procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.

7.5. The content Creator has the right to claim a warranty from the Provider only for a service that shows errors caused by the Provider, is covered by the warranty and was purchased from the Provider.

7.6. The service content Creator is obliged to check the operation of the service after its provision by the Provider. If they fail to do so, they may claim from the errors found during that inspection only if they demonstrate that the Service already had those errors at the time it was provided.

7.7. During the warranty period, the Creator has the right to eliminate the errors free of charge after notifying the Provider, and submit an invoice and confirmation of payment for the service to the provider's authorized representative.

7.8. The complaints are handled by the Provider on working days via the e-mail address: hello

7.9. The Creator is obliged to complain about the service errors to the Provider without undue delay, otherwise the Creator´s right to eliminate the error free of charge expires.

7.10. A 30-day period in accordance with the Consumer Protection Act does not apply to the handling of a complaint by the Creator who is an entrepreneur. The deadline for handling complaints for entrepreneurs is not regulated by law, but our company undertakes to handle complaints for entrepreneurs within 60 days within the meaning of these Terms and Conditions.

7.11. The Creator is not entitled to claim the warranty for errors of which they were notified by the Provider at the time of concluding the service contract or about which, having regard to the circumstances under which the contract was concluded, they must have known.

7.12. The Provider may always provide a new service to the Creator instead of remedying the defect, provided that this does not cause serious inconvenience to the Creator.

7.13. The right of the Creator to claim the warranty from the Provider expires:

  • 1. by failure to submit an invoice and proof of payment,
  • 2. by failure to report obvious errors in the provision of the Service,
  • 3. upon expiry of the warranty period of Service,
  • 4. by damage to the service caused by the Creator,
  • 5. improper handling or operation of the Service,
  • 6. damage to the Service due to unavoidable and/or unforeseeable events,
  • 7. damage to the Service by accidental destruction and accidental deterioration,
  • 8. by unprofessional intervention or other force majeure,
  • 9. by interfering with the Service by an unauthorized person.

7.14. The Provider is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

  • 1. Service error correction,
  • 2. provision of a new service,
  • 3. refund of payment for the Service,
  • 4. by paying a reasonable discount on payment for the Service,
  • 5. a written invitation to take over the performance specified by the Provider,
  • 6. reasoned rejection of the service complaint.

7.15. The warranty period is 12 months (unless a different warranty period is specified for specific cases) and starts from the date of providing the service to the Creator. If the Creator is an entrepreneur and uses the service for business activities, the warranty period is governed by the warranty conditions in accordance with the relevant conditions under the Commercial Code (§429 et seq.).

7.16. The warranty period stated in the Terms and Conditions for consumers is in accordance with the Civil Code and has no relation to entrepreneurs, and therefore does not apply to these General Terms and Conditions.

7.17. The warranty period is extended by the time during which the Creator could not use the service due to warranty repair of the service.

7.18. In case of providing a new service, the Creator shall receive a document on which the new service will be listed, and any further complaints will be applied on the basis of the original invoice and proof of payment for the service and this complaint document. In case of the provision of a new service, the warranty period begins to run again from the provision of the new service, but only for the new service.

7.19. All warranty repairs are free of charge if the right to claim the warranty according to clause 7.13 of these General Terms and Conditions has not expired by the time of their application.

7.20. If the error can be fixed, the service error will be fixed. If it is not possible to eliminate the error and the nature of the error does not prevent the normal use, the Provider may agree with the Creator on a reasonable discount on payment for the service. In case of a discount, it is not possible to claim this error later.

7.21. In case of an error which cannot be eliminated and which prevents the service from being properly used as a service without error, the Provider is entitled to provide the Creator with a service with the same or similar performance or to issue a credit note.

7.22. If the provision of a service with defects breaches the contract in a material way, the Creator may:

  • a) demand the elimination of defects by providing a replacement service for a faulty service, the provision of the missing service and request the elimination of legal defects,
  • b) demand the elimination of service defects, if the defects are remediable,
  • c) claim a reasonable discount from the service payment; or
  • d) withdraw from the service contract.

7.23. The choice between the claims listed in 7.22. belongs to the Creator only if they notify the Provider in a timely notification of defects or without undue delay after such notification. The Creator cannot change the claimed claim without the consent of the Provider. However, if service defects prove to be irreparable or that their removal would involve disproportionate costs, the Creator may request the provision of a replacement service if the Provider so requests without undue delay after the Provider has notified them of this fact. If the Provider does not eliminate the defects of the service within a reasonable additional period or if they announce before its expiration that they will not eliminate the defects, the Creator may withdraw from the service contract or request a reasonable discount on payment for the service.

7.24. If the Creator does not announce the choice of their claim within the period specified in point 7.23., they have claims for defects in the service as in the case of a minor breach of the contract.

7.25. If the contract is breached in an insignificant manner by providing a service with defects, the Creator may request either the provision of the missing service and the elimination of other defects in the service, or a discount on payment for the service.

7.26. Until the Creator claims a discount on payment for the service or withdraws from the contract, the Provider is obliged to provide the missing service and eliminate the legal defects of the service. They are obliged to eliminate other defects at their choice by eliminating remediable defects or providing a replacement service; however, the method of elimination of defects must not cause the Creator to incur disproportionate costs.

7.27. If the Creator requests the elimination of service defects, they cannot, before the expiry of the additional reasonable period they are obliged to provide to the Creator for this purpose, assert other claims for service defects, except for damages and contractual penalties, unless the Provider notifies the Creator during this period. This period must be determined in accordance with point 7.10 of these Terms and Conditions for entrepreneurs.

7.28. Until the service user specifies the time limit according to point 7.27. or does not claim a discount on payment for the service, the Provider may notify the Creator that they will eliminate the defects within a certain period. If the service user does not notify the Provider of their disagreement without undue delay after receiving this notification, this notification shall have the effect of setting a time limit in accordance with point 7.27.

7.29. If the Provider does not eliminate the defects of the service within the period resulting from point 7.27. or 7.28., the service user may claim a discount on payment for the service or withdraw from the service contract if they notify the provider of the intention to withdraw from the contract in determining the period under point 7.27. or within a reasonable time before withdrawal from the contract. The selected claim cannot be changed by the Creator without the consent of the service Provider.

7.30. For the purposes of these Terms and Conditions, a breach of contract is material if the breached contracting party knew at the time the contract was concluded or was reasonable to anticipate, taking into account the purpose of the contract, its content or the circumstances in which the contract was concluded that the other contracting party will not be interested in fulfilling obligations in case of such a breach of contract. When in doubt, it is presumed that the breach of contract is not material.

7.31. The complaint handling only applies to errors listed in the complaint form.

7.32. The right of the creator to file a claim for a service error is after they have exercised their right and asked the Provider to eliminate the service error according this Complaint Procedure and the Terms and Conditions, exhausted and regardless of the result of the complaint, they are no longer entitled to file a complaint repeatedly for the same unique error (not an error of the same type).

7.33. If the Provider terminates the complaint procedure as a justified rejection of the complaint, but the service error objectively exists and has not been eliminated, the Creator can exercise their right to rectify the service error through the court.

8. Personal data and their protection

8.1. The Provider has taken appropriate technical, organizational and personnel measures corresponding to the method of personal data processing, taking into account, in particular, the applicable technical means, confidentiality and importance of processed personal data, as well as the extent of possible risks that may affect the security or functionality of its information systems in accordance with Act No. 18/2018 Coll., on the protection of personal data. The Creator agrees to the processing of their personal data in accordance with these rules (by clicking here you will see the Privacy Policy).

9. Termination of service operation

9.1. The contract for the provision of a trading platform is concluded for an indefinite period.

9.2. This Contract may terminate:

  • a) by agreement of the contracting parties,
  • b) by a notice by either contracting party,
  • c) withdrawal from the contract by either contracting party.

9.3. The Creator may terminate this Contract at any time, by unilateral actions – by deleting their account on the platform of the EliteFans Provider

9.4. By granting consent to the commencement of the provision of the Service, the Creator loses the right to withdraw from the service contract on the operation of the service.

9.5. The Creator is not entitled to withdraw from the service contract in accordance with §7(6)(a) of Act no. 102/2014 Coll., on consumer protection in the sale of goods or provision of services on the basis of a remotely concluded contract or a contract concluded outside the premises of the seller and on the amendment of certain laws. According to the provision in question “the provision of a Service has been provided with the express consent of the consumer and the consumer has stated that they have been duly informed that, by giving their consent, they lose the right to withdraw from the contract after full provision of the Service.“

9.6. The Creator is not entitled to withdraw from the contract if:

  • - it is the provision of electronic content other than on a material medium, if its provision began with the express consent of the consumer and the consumer has stated that they have been duly informed that by expressing that consent they lose the right to withdraw from the contract;
  • - the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that they have been duly informed that, by expressing that consent, they lose the right to withdraw from the contract after the full provision of the service.

10. Final provisions

10.1. The Provider reserves the right to change these General Terms And Conditions. The obligation to notify the change of these General Terms And Conditions in writing is fulfilled by placing them on the electronic shop Provider's website.

10.2. If the contract is concluded in writing, any change must be made in writing.

10.3. The contracting parties have agreed that communication between them will take place mainly in the form of e-mail messages, or by letter.

10.4. The relevant provisions of the Commercial Code apply to relations not regulated by these General Terms and Conditions.

10.5. If the registered content Creator is a citizen of a state other than the Slovak Republic the legal relations arising and connected with the EliteFans Service are governed by the law of the Slovak Republic.



In Piešťany on 8 June 2021