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The website located at https://sbc-performance.com/ (hereinafter referred to as the “Website”) is owned and operated by SBC Performance s.r.o., a legal entity registered in the Czech Republic (registration number 27957471, with its registered address at Praha, Plzeňská 3350/18, Smíchov) (hereinafter referred to as the “Company”). The Company operates under the business name SBC Performance and also conducts business under the name SBC Digital, offering certain services and digital products. Any references to “SBC Digital” and “SBC Performance” in these Terms refer to the services and products provided by the Company under both the SBC Performance and SBC Digital names.
These Terms and Conditions (hereinafter referred to as the “Terms”) govern your use of our Website and interactions with our products and services. By using the Website, subscribing to our newsletter, or accessing our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please refrain from using the Website.
Certain Website features may have additional guidelines, terms, or rules, which are incorporated into these Terms. Additional agreements related to specific products or services may apply, and in the event of any conflict, those agreements will prevail.
By browsing the Website, creating an account, or using our Services, you indicate acceptance of these Terms. The Company reserves the right to modify these Terms or any related policies at any time. Your continued use of the Website after such changes constitutes acceptance of the revised Terms.
The Company specializes in digital marketing, performance analytics and media buying. These services are outlined on this Website and in individual agreements signed with each client, which govern the specific terms and conditions of service.
Certain services may have additional terms posted on a separate website or in a dedicated agreement. By accessing specific services, you agree to the applicable terms of use and licenses associated with those services.
The Company reserves the right to modify, update, or discontinue any of its services at its discretion.
Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days per week, except in cases of force majeure, possible breakdowns, or maintenance operations necessary for the proper functioning of the Website.
The User acknowledges having the necessary skills and means to access and use the Website and the services offered therein. In this respect, the User must have a computer or any other device with an Internet connection, configured to enable the proper functioning of the Website and its services.
You agree that the Company will have no obligation to provide you with any support in connection with the Website.
You must be at least 18 years of age to access the Site. By accessing our Website, you agree to use it in accordance with these Terms, any agreements you have with us, and all relevant laws, rules, and accepted internet practices and standards. If you disagree with any of these Terms, do not log into and/or use the Site.
You are prohibited from using our Website or its services for the dissemination, publication, or distribution of any content that includes (or links to) harmful software. You may not use data obtained from our Website for direct marketing purposes or engage in any form of systematic or automated data gathering related to our Website. Activities that could harm the Website or impair its functionality, availability, or accessibility are also prohibited.
Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this Website in violation of export laws and regulations.
It is strongly recommended that you take all necessary precautions to protect yourself against hacking by adopting secure and appropriate computer configurations, such as regularly updating virus detection software on your computer, cell phone, or any other device.
Company grants you a non-transferable, non-exclusive, royalty-free, revocable, limited license to access the Website solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the or any part.
User Content License. By submitting any content (including but not limited to comments, posts, and other contributions) to the Website, you grant the Company a perpetual, non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt such content. This includes, without limitation, the right for the Company or any third party it designates to adapt the content for streaming, downloading, broadcasting, mobile, digital, thumbnail, scanning, or any other technologies now known or hereafter developed, in any form or media.
Ownership of Intellectual Property. Excluding any User Content you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by the Company or its suppliers. These Terms and your access to the Website do not grant you any rights, title, or interest in or to any intellectual property rights, other than the limited license granted above. The Company and its suppliers reserve all rights not expressly granted in these Terms.
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Website are the property of the Company or third parties. Use of these Marks is prohibited without prior written consent from the Company or the respective owners.We respect others’ intellectual property rights and expect our Users to do the same. Our Website has a policy for removing infringing content and terminating repeat infringers.
If you believe that your copyrighted work is being infringed on our Website, please submit a written notification with the following details to our designated Copyright Agent:
● Your physical or electronic signature
● Identification of the copyrighted work(s) allegedly infringed
● Identification of the infringing material and its location on our Website
● Sufficient information to allow us to locate the material
● Your contact information (address, phone number, and email)
● A statement of your good faith belief that the use is unauthorized
● A declaration under penalty of perjury that the information provided is accurate, and that you are the copyright owner or authorized to act on behalf of the owner
Any misrepresentation in a notification may result in liability for damages, including costs and attorney’s fees.
Third-Party Links & Ads. The Website may contain links to our or third-party websites and services, and/or display advertisements for third-parties. Such Links & Ads may be not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
We are not accountable for the privacy policies or the content on these websites. The risk associated with accessing these sites and any services provided by third parties is entirely yours. We will not be liable for any harm or loss, regardless of how it occurs, arising from your sharing of personal information with third parties.
Other Users. Each Website User is solely responsible for any and all of its own User Content if it may occur. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This Website may use ‘cookies’. These cookies may be used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. This information may be used to optimize the Users’ experience by customizing our web page content based on visitors’ browser type and/or other information. For more information about Cookies, please read our Privacy Policy.
THE WEBSITE AND COMPANY’S SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INCAPABILITY TO USE THE WEBSITE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE THOUSAND U.S. DOLLARS (U.S. $1000). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Users of the Website commit to protecting, defending, and exonerating SBC Performance s.r.o., its subsidiaries and affiliates, along with their employees, officers, and directors (individually, an “SBC Performance Entity” and together, the “SBC Performance Entities”), as well as each SBC Performance Entity’s licensors, organizations, licensees, consultants, contractors, agents, lawyers, owners, third-party service providers, and authorized third parties, from any and all claims, liabilities, costs, and expenses, including reasonable legal fees (altogether, “Claim(s)”), that arise directly or indirectly from the materials or information provided, the use of the Site(s) or the Platform(s), or any violation of these Terms. You agree to take full responsibility for defending against any Claim directed at or incurred by SBC Performance and/or any SBC Performance Entity, with SBC Performance and/or the SBC Performance Entity retaining the right to engage its own legal representation, and to cover any damages or losses resulting from all claims against SBC Performance, and/or any SBC Performance Entity, on the condition that you will not consent to any settlement that imposes any obligation or liability on SBC Performance and/or an SBC Performance Entity without the express written approval of SBC Performance.
Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account (if it is) and right to access and use the Website will terminate immediately. At the same time, the terms laid out in individual contracts will be applied to the actions of those contracts. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the provisions regarding Intellectual property and Limitation on Liability of these Terms will remain in effect.
We reserve the right to modify these Terms and Conditions occasionally. You are responsible for regularly reviewing these Terms and Conditions to stay informed about any alterations. The date listed at the top of these Terms and Conditions indicates when they were last updated. Any modifications to these Terms and Conditions will take effect once they are published on this Website. By continuing to use this Website after changes or updates are posted, you acknowledge and agree to adhere to and be legally bound by the updated Terms and Conditions.
Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms and Conditions of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, including any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to: Praha, Plzeňská 3350/18, Smíchov . After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the International Chamber of Commerce Czech Republic (ICC Czech Republic), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If ICC Czech Republic is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules conflict with the Terms. The ICC Czech Republic Consumer Arbitration Rules governing the arbitration are available online at https://www.icc-cr.cz/en. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules of ICC Czech Republic. The arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $1,000.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the ICC Czech Republic Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICC Czech Republic Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User.
These Terms and Conditions shall be governed by the laws of the Czech Republic. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted, and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
The Company is dedicated to upholding high standards of customer due diligence and follows strict Know Your Customer (KYC) procedures as part of its compliance framework. To ensure the integrity of business relationships, the Company reserves the right to conduct verification checks on Clients and Counterparties to confirm their identity, legal standing, and operational reliability.
For KYC verification purposes, the Client or Counterparty agrees to provide, upon the Company’s request, accurate and current information, including but not limited to personal identification, business registration documents, and other relevant details. The Company may also obtain additional information from external sources, including public and private databases, to complete the verification process. All personal data collected as part of KYC compliance is protected and managed according to the Company’s Privacy Policy .
The information gathered during the KYC process will be used exclusively for compliance purposes, in line with applicable laws and regulations governing data protection and privacy. The Company is committed to ensuring the confidentiality and security of the Client’s and Counterparty’s information, except when disclosure is legally required by regulatory authorities.
Failure to provide necessary information for KYC verification within a reasonable timeframe, or the submission of false or misleading information, may result in the suspension or termination of the business relationship or Agreement, at the Company’s discretion. The Company also reserves the right to take further legal or remedial actions as necessary to comply with its KYC policy and applicable regulations.
The Client agrees to promptly inform the Company of any updates to information previously provided for KYC purposes. Periodic re-verification of the Client’s information may be required to ensure ongoing compliance with the Company’s KYC policy.
You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Please read our Privacy Policy for details on how we collect, use, disclose, and protect your personal data.
Company: SBC Performance s.r.o.
Address: Praha, Plzeňská 3350/18, Smíchov
Email: info@sbc-performance.com
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