Terms and Conditions

Stargaze is a video-sharing platform that enables a user of the platform – a content creator (hereinafter referred to as the “Creator”) – to remotely access the platform and, using its functionalities, publish their content (i.e. in particular, a copyright work created by arranging audiovisually used works, whether adapted or unadapted, consisting of a series of recorded, related images giving the impression of movement, whether or not accompanied by sound, perceptible by sight and, where accompanied by sound, also perceptible by hearing, as well as copyright works consisting of sound recordings, literary works and photographic works) through the platform and thereby make such content available for sharing with visitors to the Platform (hereinafter referred to as the “Platform” and the “Content”), so that a visitor to the Platform may consume such Content for informational, entertainment or educational purposes.

The Platform contains Content from multiple Creators, and the provider of the Platform does not bear editorial responsibility for the Content.

Tivio Studio a.s., Company ID No. 193 03 742, with its registered office at Pobřežní 667/78, Karlín, 186 00 Prague 8, is the provider of the Platform and exercises the authors’ economic rights in the Platform as a copyright work (hereinafter referred to as the “Operator”).

Identification of the Operator:

1. Tivio Studio a.s.
2. Company ID No.: 193 03 742
3. VAT ID No.: CZ19303742
4. VAT payer
5. registered in the Commercial Register maintained by the Municipal Court in Prague under file No. B 28131
6. contact email: hello@tivio.studio
7. registered office: Pobřežní 667/78, Karlín, 186 00 Prague 8
8. place of business: Pobřežní 667/78, Karlín, 186 00 Prague 8

The end recipient – a visitor to the Platform (hereinafter referred to as the “Visitor”) – is a person who has created a user account for viewing Content (hereinafter referred to as the “Account”) for informational, entertainment or educational purposes, where such Content has been made available to the Visitor by the Creator.

If certain Content is freely accessible on the Platform (i.e. without the need to create an Account), such Content is Content in respect of which the measures pursuant to Article VII, paragraph three of these Terms and Conditions have been adopted, and the Visitor may view such Content free of charge, subject to these Terms and Conditions, for as long as the Creator makes such Content freely accessible on the Platform.

The Visitor may be either a natural person or a legal entity. If the Visitor is under eighteen (18) years of age, the Visitor must have the consent of their legal representative, as required under the laws of the country of their residence, in order to create an Account.

By creating a Visitor Account on the Platform, a contract is concluded under which the Visitor is entitled, for the duration of the Account, to view Content on the Platform subject to the conditions set out in these Terms and Conditions (hereinafter also referred to as the “Contract”), and the Visitor confirms that they have familiarised themselves with these Terms and Conditions and agree to be bound by them.

The Visitor creates an Account using the functionalities of the Platform by completing the order form, in which all required information must be provided, in particular the Visitor’s contact details. The Account is created by clicking the “Create Account” or “Purchase Content” button. By submitting the order, the Visitor confirms that they had the opportunity to familiarise themselves with these Terms and Conditions sufficiently in advance of placing the order. If the Operator has doubts regarding the authenticity or seriousness of an order, the Operator may contact the Visitor for the purpose of verifying it.

If the Visitor’s residence or registered office is located outside the Czech Republic, or if the legal relationship between the Operator and the Visitor contains another international element, the Visitor acknowledges that the relationship between the Operator and the Visitor shall be governed by Czech law. If the Visitor is a consumer (Article IV of these Terms and Conditions) and the laws of the country of the Visitor’s residence provide a higher level of consumer protection than Czech law, the Visitor shall be afforded such higher level of protection.

Consumer Contract. A consumer contract is concluded where the Visitor is a consumer, i.e. where the Visitor is a natural person and enters into the Contract outside the scope of their business activities or outside the scope of the independent exercise of their profession.

Otherwise, the Contract is not a consumer contract and the Visitor is not entitled to consumer protection under applicable laws or these Terms and Conditions.

The Visitor is fully responsible for their activity on the Platform and on their Account. If the Visitor breaches these Terms and Conditions, the Operator may immediately terminate the Visitor’s Account, if an Account has been created.

The Visitor creates an Account on the Platform for an indefinite period. Its duration may be terminated unilaterally at any time by either the Visitor or the Operator by closing the Visitor’s Account using the functionalities of the Platform; the Contract shall thereby also terminate (Article III of these Terms and Conditions), unless Freely Accessible Content is concerned.

Subscriptions for Visitors are governed by the Creator’s price list (which forms part of the functionality of the Creator’s account created on the Platform). Prices under the Price List include value added tax in accordance with applicable laws. Value added tax is governed by applicable laws.

The Creator may make Content available to a Visitor through the Platform as Paid Content, Unpaid Content or Freely Accessible Content (Article III, paragraph two of these Terms and Conditions).

Where the Content is Unpaid Content or Freely Accessible Content, the Operator has the right to insert advertising (commercial) communications at the beginning of, at the end of and within the Content, to the extent determined at the Operator’s discretion.

However, the Operator adopts measures to apply protections in relation to the Content and/or commercial communications that are proportionate to the limited degree of control that the Platform may exercise over such Content and/or commercial communications, in particular:

1. protection of Visitors who are minors against Content and/or commercial communications that may impair their physical, mental or moral development; such Content and/or audiovisual commercial communications shall not be made available in such a way that Visitors who are minors would, under normal circumstances, be able to see or hear them; measures for the protection of Visitors who are minors include, in particular, age-verification tools (Article III of these Terms and Conditions);
2. protection of Visitors against Content and/or commercial communications containing incitement to violence or hatred directed against a group of persons or a member of such a group on the grounds of sex, race, colour, ethnic or social origin, genetic features, nationality, language, religion or belief, political or other opinions, membership of a national minority, property, birth, descent, disability, age or sexual orientation;
3. protection of Visitors against Content and/or commercial communications the dissemination of which constitutes a criminal offence, in particular public incitement to commit a terrorist offence, criminal offences concerning child pornography and criminal offences relating to racism and xenophobia.

Payment Terms. The Visitor may pay the price of Paid Content (Article VII of these Terms and Conditions) by cashless payment through the payment gateway available on the Platform. Any additional payment methods and any fees associated with particular payment methods are specified on the Platform. The price of Paid Content is due immediately after it is ordered (Article III, paragraph four of these Terms and Conditions).

By entering into the Contract (Article III, paragraph three of these Terms and Conditions), the Visitor consents to the Operator issuing the receipt in electronic form.

Under these Terms and Conditions, the Visitor acquires only the right to view the Content online by visiting the Platform. The Visitor acquires no other rights in relation to the Content. No licence to use the Content is granted to the Visitor.

The costs of means of distance communication relating to the Visitor’s internet connection to the Platform shall be borne by the Visitor in accordance with the terms agreed between the Visitor and their internet service provider.

The Visitor is obliged to respect the Operator’s rights in and to the Platform, as well as the Operator’s rights in and to the domain www.stargaze.com, and shall not interfere with such rights.

In order for the Visitor to view Content on the Platform in the manner set out in these Terms and Conditions, the Operator, acting as data controller, must process personal data of the Visitor or personal data managed by the Visitor that the Visitor entered when creating the Account, as such data is necessary for the Operator to communicate with the Visitor to the extent required.

The Operator processes personal data beyond this scope on the basis of the Visitor’s consent. More detailed conditions concerning personal data are set out in the Privacy Policy (link to the Privacy Policy).

In all cases, however, personal data of Visitors who are minors shall not be processed for commercial purposes, including direct marketing, profiling or advertising targeted on the basis of the behaviour of such a minor.

If, during the existence of the Account, either party becomes a processor of personal data controlled by the other party, a personal data processing agreement shall be concluded between the Operator and the Visitor.

The Operator reserves the right to make strictly necessary changes to the Platform or changes to the Platform consisting of improvements to its functionality.

The Visitor has the right at any time to notify the Operator of or flag Content that does not meet the requirements for the protection of Visitors who are minors and the general public, as specified in Article VII, paragraph three of these Terms and Conditions, by sending a notification to the Operator’s email address at hello@tivio.studio.

The Operator shall assess and decide upon such notification or flag in a manner analogous to that specified in paragraph four of this Article.

If the functionalities of the Platform are defective, the Visitor shall in particular have the right to:

1. free remedy of the defect, in particular the subsequent restoration of the functionality of the Platform;
2. close the Visitor’s Account using the functionality of the Platform.

Any additional rights arising under applicable laws shall not be affected by the above provisions.

The Visitor is obliged to submit a complaint concerning the functionality of the Platform to the Operator without undue delay after discovering the defect. A complaint may be submitted by email, by telephone or in writing.

When submitting a complaint, the Operator recommends that the Visitor describe as precisely as possible the defect identified by the Visitor. This will expedite the handling of the complaint.

A complaint shall be deemed to have been submitted at the moment when the Visitor notifies the Operator of the existence of the defect and asserts a right arising from liability for defects.

The Operator shall decide on a received complaint without delay and, in more complex cases, within five business days. This period shall not include a reasonable period of time required for expert assessment of the defect.

The complaint, including any remedy of the defect, shall be resolved without undue delay and no later than 30 days from the date on which the complaint was submitted, unless the Operator and the Visitor agree on a longer period.

In accordance with the Civil Code, the Visitor is entitled to reimbursement of reasonably incurred costs associated with submitting the complaint. The Visitor acknowledges that the right to reimbursement of such costs must be exercised within one month following the expiry of the period within which the defect must be notified.

For the purposes of supervision, receiving notifications concerning illegal Content and communicating with public authorities and Visitors, the Operator provides the following contact details: email: hello@tivio.studio.

Visitors and third parties may report potentially illegal Content using the contact details specified above.

The notification must contain at least:

1. identification of the person making the notification (name, email address or telephone number);
2. precise location of the Content (e.g. URL);
3. a brief explanation of the reasons for suspecting that the Content is illegal.

The Operator shall confirm receipt of the notification without undue delay and shall subsequently investigate each notification without undue delay following confirmation of its receipt.

The Operator shall inform the person making the notification of the outcome of the investigation and provide reasons for any measures adopted or rejected without undue delay following receipt of the notification, but no later than 30 days thereafter.

In justified cases, such as where a complex investigation is required, this period may be extended following prior notification sent by the Operator to the person making the notification.

To the maximum extent permitted by applicable law, if the Visitor suffers damage or other loss for which the Operator is liable, it is agreed that the extent of such damage or loss shall be limited to CZK 10,000 for any single and all cases giving rise to the Operator’s liability for damage or loss, and that loss of profit shall not be compensated.

If the Visitor is a consumer, the provisions of the preceding sentence shall not apply.

Neither party shall be liable for failure to perform an obligation under these Terms and Conditions if performance of such obligation was prevented by an extraordinary, unforeseeable and insurmountable obstacle arising independently of that party’s will (force majeure).

All time limits and periods applicable to the party affected by force majeure shall be extended by the duration of the force majeure circumstances.

These Terms and Conditions shall be governed by the laws of the Czech Republic, excluding its rules of private international law.

Disputes arising from these Terms and Conditions shall primarily be resolved amicably. Any complaints by the Visitor shall be handled by the Operator through its contact email address.

All disputes arising out of or in connection with these Terms and Conditions shall be finally resolved by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic in accordance with its Rules by one arbitrator appointed by the President of the Arbitration Court.

This provision shall not apply if the Visitor is a consumer.

If the Visitor is a consumer (Article IV of these Terms and Conditions) and a dispute arising from the Contract between the Operator and the Visitor cannot be resolved directly, the Visitor has the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2; website: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (registered office: Pod Altánem 99/103, Strašnice, 100 00 Prague 10; website: www.konzument.cz; electronic contact: scs@konzument.cz; telephone: +420 261 263 574) for the purpose of out-of-court resolution of the consumer dispute.

The Visitor may exercise this right no later than within one year from the date on which the Visitor first asserted with the Operator the right that is the subject matter of the consumer dispute.

For submitting a complaint and finding an alternative dispute resolution body, the Visitor may also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

These Terms and Conditions become binding upon the Visitor at the moment the Account is created and shall remain effective for the duration of the existence of the Account. This means that, as regards the relationship between the Visitor and the Operator, these Terms and Conditions cease to have effect upon termination of the Account.

From the moment the Account is created, the Visitor is obliged to comply with these Terms and Conditions.

Where Content is made Freely Accessible on the Platform by the Creator and the Visitor has not created an Account, these Terms and Conditions shall be binding upon the Visitor from the moment the Visitor accesses the Platform.

These Terms and Conditions are effective as of 14 April 2025.

Changes to these Terms and Conditions shall be announced by the Operator on its website www.stargaze.com, and the Visitor shall be notified of such change in advance, no later than two months before the change becomes effective, at the email address provided by the Visitor when creating their Account.

If a Visitor who has created an Account does not agree with a change to these Terms and Conditions, the Visitor may notify the Operator at support@tivio.studio and may terminate their Account at any time before the change to the Terms and Conditions becomes effective.

If, following notification of a change to the Terms and Conditions, the Visitor continues to use the Account after the change to the Terms and Conditions becomes effective, the Visitor shall be deemed to have accepted the change to the Terms and Conditions.

If the Visitor created or signed in to their Account using a Meta service (Facebook or Instagram), the Visitor may at any time request the deletion of their Account and of all personal data associated with it. The request shall be sent by email to support@tivio.studio from the email address linked to the Account.

Upon receiving such a request, the Operator shall delete the Account and the associated personal data without undue delay, and no later than within 30 days, and shall confirm the completion of the deletion to the Visitor by email. Data that the Operator is required to retain under applicable laws (for example accounting records) shall be retained only to the extent and for the period required by such laws.