Drafted Pro is a digital platform operated by the company Drafted Pro d.o.o. (hereinafter: the Company), which constitutes an information society service within the meaning of applicable European Union law. Its primary purpose is to enable digital connection between athletes, agents, scouts, and other professional entities within the sports sector through an online interface.
The Drafted Pro platform functions exclusively as neutral technological infrastructure, i.e., an online marketplace within the meaning of the relevant provisions of the Digital Services Act and the Platform-to-Business Regulation, whereby users are enabled to publish, exchange, and view information, content, and professional profiles for the purpose of potential business or professional cooperation, without the Company directly participating in such relationships.
The Company explicitly emphasizes that it does not act as a sports agency, transfer intermediary, athlete representative, or any form of licensed or regulated entity under the Sports Act or other applicable regulations, and that it does not provide representation, negotiation, or advisory services regarding the conclusion of contracts between platform users.
The Company does not participate in negotiations between users, does not conclude contracts on behalf of or for the account of users, does not provide guarantees regarding the identity, capability, or intentions of users, and does not assume any responsibility for the content of communication, published information, or outcomes of relationships that may arise between users, except to the extent such liability is expressly prescribed by mandatory legal provisions.
All business, contractual, and other legal relationships that may arise from the use of the platform are established exclusively and directly between the users themselves, whereby the Company is not a contractual party in such relationships and bears no responsibility for their performance, validity, or legality, except in cases where otherwise required by applicable mandatory law.
The Drafted Pro platform establishes a distinction between categories of users depending on the purpose and manner of use of the service, ensuring transparency of relationships between private and professional entities in accordance with applicable European Union law, including the relevant provisions of the Platform-to-Business Regulation.
Users of the platform are divided into athletes, as natural persons using the platform for the presentation and promotion of their own sports careers, and professional users, including agents, scouts, sports clubs, and other legal or natural persons acting within the scope of their registered professional activity in the sports or related sector.
Athletes use the platform as a digital space for creating and managing their own profile, which may contain personal and professional data, including but not limited to physical attributes, sports achievements, statistical data, video and multimedia content, schedules of future activities, test results and evaluations, and other relevant information intended to present their abilities and potential, whereby athletes bear sole responsibility for the accuracy, legality, and timeliness of the published data.
Professional users use the platform for the purpose of identifying sports talent, establishing business contacts, and potentially concluding contractual relationships that are generally realized outside the platform, and may create their own professional profiles containing information about their identity, experience, references, existing clients, licenses, areas of activity, and other relevant information contributing to their professional credibility.
Professional users represent and warrant that they act in accordance with applicable laws and regulations, including the Sports Act and other applicable regulatory frameworks, that they are authorized to perform the activities they represent through the platform, and that they possess all necessary permits, approvals, and licenses where required.
The Company does not carry out systematic verification of user status, licenses, or authorizations, but reserves the right, in accordance with applicable regulations and internal policies, to request additional information or documentation in order to verify the credibility of professional users and to restrict or disable access to the platform in case of suspicion of unlawful or unauthorized activity.
By using the platform, all users accept that Drafted Pro acts exclusively as a neutral intermediary digital service enabling the publication and exchange of information and the establishment of contact between users, without participation in any business relationships that may arise from such interactions.
3.1 Pricing Model
Use of the Drafted Pro platform may include paid services offered by the Company within various monetization models, including but not limited to subscription models, access to premium functionalities, and additional services for increased profile visibility and promotional activities.
The Company reserves the right to independently establish, modify, or discontinue individual pricing models, including the introduction of new forms of monetization, fees for profile highlighting or ranking, and other commercial services related to increased visibility or functionality within the platform, whereby all applicable terms and prices shall be clearly and transparently displayed to the user prior to any binding purchase.
The structure of subscription services may differ depending on the user category, whereby the platform may be organized into separate functional and commercial segments for athletes, professional users such as agents and scouts, and enterprise users comprising organizations with multiple employees, including business entities engaged in systematic scouting and management of a large number of user accounts.
In the case of enterprise users, the Company may apply customized pricing models taking into account the number of user licenses within a single organization, whereby pricing may be structured in a way that encourages group use of the platform, while maintaining separate user identities and individual access rights for each authorized user.
Users may be offered different subscription packages and billing models, including monthly, semi-annual, or annual subscriptions, whereby the terms and levels of access to functionalities may differ depending on the selected package and user category. Athletes may be offered different subscription tiers with varying levels of functionality, while professional users, including agents and scouts, may have access to extended or full functionality depending on the selected subscription model.
All billing terms, including prices, subscription duration, scope of services, and any free trial periods, shall be clearly and unambiguously presented to the user prior to the conclusion of any contract for paid services, in accordance with transparency principles and consumer protection rules under European Union law and relevant consumer and digital service regulations.
The Company may implement a business model in which certain users are introduced via a free trial period after which paid subscription obligations are activated, whereby commercialization of the service may be gradually introduced by user categories and platform functionalities, depending on the Company’s business strategy.
The Company reserves the right to determine final subscription prices following market analysis, including the possibility of future changes, subject to prior notice to users in accordance with applicable contractual terms and legal regulations.
By using the platform, users acknowledge that the contractual relationship between the user and the Company arises only upon selection and activation of a paid service, while access to the platform itself may be partially or fully free depending on the applicable service model at the time.
3.2 Right of Unilateral Withdrawal
Users who qualify as consumers under applicable European Union law have the right to unilaterally withdraw from the contract for paid services without stating any reason within fourteen (14) days from the date of conclusion of the contract, in accordance with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights and relevant national legislation of the Republic of Croatia.
In case of valid exercise of the right of withdrawal, the Company shall refund all payments received from the user without undue delay and within the time limits prescribed by applicable EU and Croatian law.
The user expressly agrees that where the performance of digital services has begun prior to the expiry of the withdrawal period, with the user’s prior express consent acknowledging that they lose the right of withdrawal upon commencement of service performance to the extent permitted by applicable EU law, the right of withdrawal may be excluded or limited in accordance with applicable regulations on digital content and digital services.
Detailed conditions and procedures for exercising the right of withdrawal, including submission methods and technical steps, shall be clearly available to the user via the platform.
Users of the Drafted Pro platform expressly undertake to use the platform solely in accordance with its intended purpose as an informational and intermediary digital system enabling user connections for the establishment of professional contacts, whereby any conduct that directly or indirectly circumvents the platform’s business model or avoids contractual and financial obligations towards the Company is prohibited.
Users are not permitted to use the platform solely as a tool for finding contacts, data, or potential business opportunities and subsequently use contacts, communication, or information obtained through the platform to establish business relationships outside the platform, if such conduct is aimed at avoiding payment of subscriptions, fees, commissions, or any other agreed commercial obligations towards the Company.
Any direct or indirect circumvention of the platform is considered prohibited, including situations in which users, after having established contact, visibility, communication, or a business opportunity through the platform, continue negotiations or conclude business relationships outside the platform in a manner intended to avoid the legitimate business model of the Company.
This provision constitutes an essential and decisive element of the contractual relationship between users and the Company and is established for the purpose of protecting legitimate business interests, platform sustainability, and fair use of digital infrastructure, in accordance with general principles of contract law and relevant European Union regulations.
In case of breach of this provision, the Company is entitled, depending on the severity of the breach and the circumstances of the case, to apply one or more of the following measures: temporary or permanent suspension or termination of the user account, termination of the contractual relationship, restriction of access to the platform, and initiation of damage compensation proceedings.
It is expressly emphasized that the Company’s right to compensation includes both actual damage and loss of profit (lucrum cessans), whereby loss of profit refers to all lost economic benefit that the Company would have achieved had the circumvention not occurred, including but not limited to lost subscriptions, lost commissions, lost premium services, and any other form of lost revenue that would have been generated through lawful use of the platform. The parties expressly agree that loss of profit constitutes a foreseeable and direct consequence of a breach of this provision.
The obligations under this Article apply throughout the entire duration of platform use and continue to produce legal effects after termination of the user relationship for a period of twelve (12) to twenty-four (24) months, depending on the user category and the nature of the business relationship established through the platform, whereby such duration is considered proportionate, necessary, and standard in commercial practice of digital intermediary platforms.
Users expressly acknowledge that the purpose of this provision is to prevent misuse of the platform as an intermediary system and to ensure that economic value generated through platform use is not transferred outside the system in a manner that would result in avoidance of contractual obligations towards the Company.
Users undertake to use all data, content, information, and functionalities available through the Drafted Pro platform solely in accordance with the intended purpose of the platform, namely for legitimate professional networking between athletes, agents, scouts, clubs, and other registered users, and for the development of sports and business cooperation within the platform system.
All data available on the platform, including but not limited to user profiles, statistical data, video materials, communication data, and aggregated information, constitutes protected content and/or a database within the meaning of applicable European Union and Republic of Croatia law, including database protection regulations, copyright law, and the General Data Protection Regulation (GDPR), where applicable.
5.1 Explicitly Prohibited Actions
Users are strictly prohibited, without prior written consent of the Company, from:
- any mass, automated, or systematic data collection (including scraping, crawling, data mining, or similar techniques), - copying, extraction, reconstruction, or reproduction of all or a substantial part of the user database, - using platform data for development, training, testing, or improvement of competing products, services, or platforms, - selling, licensing, distributing, or any form of commercial transfer of data to third parties, - using data for unauthorized marketing activities, including spam, mass cold outreach, or aggressive communication campaigns, - bypassing technical protection measures, security protocols, or access restrictions implemented on the platform.
5.2 Particularly Prohibited Activities
The following is considered a particularly serious breach:
- exporting, copying, or creating an external database of athletes, agents, or other users, manually or automatically, - using bots, scripts, AI tools, or other automated systems to contact users without their individual interaction within the platform, - attempting to reconstruct the platform’s business model based on data, structure, or interactions available through the platform.
5.3 Legal Protection and Consequences of Breach
In case of breach of this Article, the Company is entitled, independently of other rights and legal remedies, to: - temporarily or permanently suspend the user account, - restrict or disable access to the platform, - initiate damage compensation proceedings, including: - actual damage (damnum emergens), - loss of profit (lucrum cessans) incurred or reasonably expected to arise from the breach, - demand cessation of further use or processing of unlawfully collected data, - take all technical, organizational, and legal measures to protect the integrity of the platform, including judicial and extrajudicial proceedings.
5.4 EU Law Compliance and Data Protection
This Article shall be interpreted in accordance with applicable European Union and Republic of Croatia law, including database protection, competition law, and data protection regulations (GDPR).
Nothing in this Article shall be interpreted in a manner contrary to mandatory data protection laws or fundamental rights of data subjects, however this does not limit the Company’s legitimate interest in protecting its technological infrastructure, database, and business model.
All users of the Drafted Pro platform, including athletes, agents, scouting agencies, clubs, and other professional entities, are required to use the platform in good faith, diligently and responsibly, and bear sole responsibility for the accuracy, legality, and completeness of all information, data, and content they enter, publish, or otherwise make available through the platform.
6.1 Responsibility for Accuracy and Truthfulness of Data
Users warrant that all data within their profiles, including personal data, sports statistics, career information, video materials, descriptions, preferences, and all other information:
- is accurate, truthful, and not misleading, - is updated within a reasonable time when relevant circumstances change, - is entered without intent to deceive, manipulate, or conceal material facts.
This applies in particular to athlete and agent profiles containing structured data such as physical attributes, performance data, statistics, previous clubs, licenses, experience, and professional references.
6.2 Professional Conduct Responsibility
Professional users, including agents and sports agencies, must act in accordance with professional standards, ethical principles, and applicable regulations, and in particular:
- must not provide false or misleading information regarding employment opportunities, contracts, or cooperation, - must not use the platform for fraud, manipulation, or abuse of athlete trust, - must not represent non-existent clients, clubs, or business opportunities, - must act in good faith during all negotiations and communications.
6.3 Responsibility of Athletes and Other Users
Athletes and other non-intermediary users are responsible for all content they publish, including videos, statistics, descriptions, and profile data. It is prohibited to:
- knowingly present inaccurate or exaggerated abilities, - manipulate statistical data or results, - use third-party identities or content without authorization, - falsely represent sports status, club affiliation, or competition level.
6.4 Role of the Platform and Limitation of Liability
Drafted Pro acts solely as a technological and informational intermediary platform enabling user connection and does not participate in creation, verification, approval, or control of user-generated content. The platform:
- does not guarantee accuracy, completeness, or reliability of user data, - does not participate in negotiations between users, - does not conclude contracts between users, - assumes no responsibility for outcomes of business relationships between users.
6.5 User Content and Platform Limitations
All user-generated content, including profiles, media, statistics, posts, messages, and communications, is the sole responsibility of the user. The platform may implement technical or verification measures, including identity checks, but such measures do not constitute verification or guarantee of accuracy.
6.6 Particularly Serious Breaches
The following is considered a particularly serious breach:
- knowingly entering false data, - manipulation of video or statistics, - false representation of professional status or identity, - use of platform for fraud or deception, - repeated or evasive misconduct.
6.7 Consequences of Breach
In case of breach, the Company may without prior notice:
- restrict or suspend the account, - remove or modify content, - terminate the contractual relationship, - initiate damage claims including actual damage and loss of profit, - take legal measures to protect platform integrity.
Drafted Pro acts exclusively as a digital informational and intermediary platform enabling user connection, information exchange, and professional interaction between athletes, agents, scouts, clubs, and other registered users. The platform does not act as an intermediary in a legal, sports, or business sense, does not assume the role of representative, agent, or contractual party, and does not participate in negotiations, conclusion, or performance of any contractual relationships between users.
7.1 Limitation of Liability for User Content
Users are solely responsible for all content they publish, transmit, or otherwise make available through the platform, including but not limited to:
- athlete and agent profiles, - video materials, images, and other media content, - statistical data and sports information, - text posts, messages, and internal communications, - all information entered into feeds, inboxes, or other platform functionalities.
The platform does not guarantee the accuracy, completeness, reliability, or legality of user-generated content, and users expressly waive any right to rely solely on information available on the platform without independent verification.
7.2 Limitation of Liability for Business Relationships
All interactions, communications, negotiations, and any contractual relationships arising between users are exclusively legal relationships between such users. The platform does not:
- participate in negotiations, - guarantee contract conclusion, - ensure performance of contractual obligations, - assume liability for any financial, professional, or reputational loss arising from user relationships.
Users expressly acknowledge that they use the platform at their own risk regarding all business and professional decisions.
7.3 Content Moderation and Technical Measures
The Company reserves the right, but not the obligation, to monitor, moderate, filter, restrict, remove, or disable access to any content on the platform in order to:
- protect platform integrity, - prevent abuse, - protect users, - comply with applicable EU and Croatian law, - prevent fraud, unauthorized use, or illegal content.
Such measures may be implemented via automated tools, algorithmic systems, or manual review, without guaranteeing full or continuous real-time monitoring of all content.
7.4 GDPR and Personal Data Processing
The platform processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Croatian legislation. Users acknowledge that:
- they themselves enter personal data into profiles, - certain data may be visible to other users for platform functionality purposes, - data processing is based on legitimate interest, contract performance, and/or consent, depending on the purpose.
The platform applies technical and organizational security measures but cannot guarantee absolute security of data transmission or storage.
7.5 Security and Anti-Abuse Measures
The Company may implement systems to detect abuse, including:
- bot detection and automated activity monitoring, - analysis of suspicious behavior patterns, - identity verification processes, - access restrictions in case of suspected misuse.
Such measures are technical safeguards and do not constitute a legal obligation to monitor all user activity.
7.6 Disclaimer of Warranties
The platform is provided on an “as is” and “as available” basis, without any express or implied warranties, including but not limited to:
- uninterrupted availability, - accuracy of data, - success of business or sports outcomes, - compatibility or uninterrupted operation of all functionalities.
7.7 Limitation of Liability of the Company
To the maximum extent permitted by applicable EU and Croatian law, the Company shall not be liable for:
- direct or indirect damage, - loss of profit, - loss of data, - reputational damage, - business losses arising from use or inability to use the platform.
This limitation applies regardless of the legal basis of the claim.
Article 7.8 – Internal Complaints and Appeals System
The Company establishes an internal system for handling user complaints and appeals in accordance with Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act – DSA). Users have the right to submit complaints regarding decisions made by the Company, including but not limited to content removal, content visibility restriction, account suspension or deactivation, and other moderation measures. The Company shall review each complaint in a timely, objective, and non-discriminatory manner and provide a reasoned decision within a reasonable time, subject to technical and operational capabilities. This system does not affect the user’s right to initiate court proceedings or use other available legal remedies.
8.1 Ownership of Content
The user retains all ownership rights and intellectual property rights over content uploaded, published, transmitted, or otherwise made available via the Drafted Pro platform, including but not limited to text, photographs, video content, audio materials, statistical data, profiles, documents, and all other forms of digital content. Nothing in these Terms shall be interpreted as a transfer of ownership from the user to the Company.
8.2 License to Use Content
By submitting content to the platform, the user grants the Company a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license, to the extent necessary for the operation and functionality of the platform, including the right to:
- technically store, host, copy, and display content, - make content visible to other users, - distribute content within the platform and associated communication systems, - use content for platform promotion, including digital campaigns, social media, and marketing materials, - process content through algorithmic systems, including recommendations, ranking, filtering, and search.
This license is limited strictly to platform operation, development, and promotion and does not imply transfer of ownership.
8.3 User Responsibility for Content
The user is fully responsible for content published on the platform and expressly warrants that:
- they hold all necessary rights and permissions to publish the content, - the content does not infringe third-party rights, including copyright, related rights, trademarks, or personality rights, - the content complies with GDPR and other applicable EU and Croatian laws, - all personal data of third parties is lawfully processed.
8.4 Special Responsibility for Media Content and Minors
The user bears special responsibility for all video and media content, including identity and consent of persons depicted, legality of recording and publication, and privacy protection. For minors, only legal guardians may upload or manage content and are fully responsible for its legality and protection of the minor’s interests.
8.5 Role of the Company and Limitation of Liability
The Company acts solely as an intermediary digital service provider and does not:
- create, edit, or verify user content, - guarantee content accuracy, legality, or reliability, - act as publisher or controller of user content.
8.6 Reporting and Content Removal Mechanism (DSA Compliance)
In accordance with the Digital Services Act (DSA), the Company provides a mechanism for reporting illegal or infringing content. Upon receipt of a report, the Company may:
- restrict content visibility, - remove content, - request additional information from the user, - permanently disable access to content in case of serious or repeated violations. These measures do not constitute acceptance of liability for content.
8.7 Cooperation with Authorities
The Company may cooperate with competent authorities of the Republic of Croatia and the European Union in cases of suspected illegal activity or platform abuse, including disclosure of relevant technical data where legally permitted.
The Drafted Pro platform uses automated technical systems and algorithmic processes for operation, optimization, and improvement of user experience, including search systems, profile ranking, content recommendation, user filtering, and information display. These systems may process user data, including publicly available profile information, platform activity, user interactions, and other relevant operational data. Users expressly accept that certain platform functions are based on automated processing of data and that such systems are intended solely to improve relevance of content display, user connection, and platform efficiency, and not to make legally binding decisions. The Company does not make decisions producing legal or similarly significant effects solely based on automated processing. Users acknowledge that ranking, visibility, and recommendations may vary depending on algorithmic parameters.
9.1 Transparency of Algorithmic Systems
The Company applies transparency principles regarding algorithmic systems, including:
- profile relevance and completeness, - user activity, - interactions with other users, - geographic and professional parameters, - technical optimization factors.
9.2 AI and Machine Learning Systems
The platform may use artificial intelligence and machine learning systems for:
- profile analysis and structuring, - recommendation improvement, - fraud and abuse detection, - search optimization.
Such systems do not constitute automated decision-making with legal effects.
9.3 Responsibility for Automated Outputs
Users acknowledge that algorithmic outputs do not guarantee success, contacts, or opportunities, and that the Company is not responsible for decisions made based on such outputs.
9.4 User Control Over Data
Users may manage their profile data, including updating, visibility control, deletion, and export where technically possible.
The platform applies enhanced protection measures for minors in accordance with applicable EU law, including GDPR. Users under 18 may only use the platform with verified parental or guardian consent. Processing of minors’ data is based exclusively on valid consent of the legal guardian.
10.1 Functional Restrictions for Minors
The Company may apply restrictions including:
- limited profile visibility, - restricted communication features, - controlled contact mechanisms, - enhanced moderation.
10.2 Communication with Minors
Direct communication with minors may be restricted or subject to verification mechanisms to prevent misuse or inappropriate contact.
10.3 Parental Control
Legal guardians may manage consent, visibility, content, and account settings where technically possible.
10.4 Data Security
The Company applies appropriate security measures including encryption, access control, and monitoring systems.
10.5 GDPR Compliance
All processing is carried out in accordance with GDPR principles including data minimization, purpose limitation, and privacy by design.
Drafted Pro d.o.o. provides the platform solely as a technological and informational infrastructure enabling user connection, whereby the Company does not participate as a party in any business, sports, employment, or other legal relationships that may arise between platform users.
The Company does not provide any warranties and does not assume responsibility for the accuracy, completeness, or truthfulness of any information published by users on their profiles, posts, or communications via the platform, nor for the quality, legality, credibility, or performance of any agreements, negotiations, or contracts concluded between users. The Company is also not liable for the outcome of professional contacts established through the platform, including but not limited to employment, sports transfers, representation, scouting, or any other form of business or professional cooperation, nor for actions of users before, during, or after the use of the platform.
Users expressly confirm and accept that all business relationships, negotiations, and contractual arrangements are concluded solely at their own risk and that the Company does not act as a sports agent, intermediary in the sense of professional representation, business facilitator, or guarantor of the success of any cooperation between users. The Company shall not be liable for any direct or indirect damages, including but not limited to loss of profit, loss of opportunity, reputational damage, business interruption, or any disputes arising between users of the platform.
To the maximum extent permitted by applicable EU and Croatian law, the total liability of the Company towards the user, on any legal basis, is limited to the amount of subscription fees actually paid by the user to the Company within the last twelve (12) months of platform use.
The Company reserves the right, at its sole discretion and without prior notice, to temporarily or permanently restrict access to the platform, remove user content, or suspend user accounts in case of violation of these Terms or reasonable suspicion of abuse. These provisions shall be interpreted in accordance with applicable EU and Croatian law, including rules governing liability of intermediary information service providers, whereby the platform is considered a neutral technical intermediary without involvement in user content or relationships.
The Drafted Pro platform is intended to be used as a professional digital tool for connecting athletes, agents, scouts, clubs, and other authorized users for the purpose of developing sports and business cooperation, whereby use of the platform must comply with its strictly personal and professional purpose.
Professional users, including agents, agencies, clubs, and other business entities, expressly undertake not to use the platform or any part thereof for resale of access to services, functionalities, or user accounts to third parties, nor to in any way enable unauthorized use of the platform by persons who are not registered users.
Users are fully responsible for all actions carried out through their user account, including actions of their employees, collaborators, external contractors, or any other persons to whom the user has directly or indirectly granted access to the platform, whereby each such action is considered an action of the user themselves.
A user account on the platform is personal and non-transferable, and the rule applies that one user account may only be used by one identified user, unless the Company explicitly and in writing approves otherwise in the case of specially agreed enterprise packages or business solutions.
Any sharing of login credentials, enabling access to third parties, or joint use of a single account by multiple natural or legal persons shall be considered a material breach of these Terms and may result in temporary or permanent restriction of access to the platform at the Company’s discretion.
These provisions aim to preserve the security, integrity, and professional standards of the platform and ensure equal, transparent, and controlled access rights for all users.
All elements of the Drafted Pro platform, including but not limited to software solutions, user interface, design, database structure, algorithms, functionalities, and all associated technical and visual components, constitute the exclusive intellectual property of Drafted Pro d.o.o. or its authorized licensors.
The Company retains all exclusive rights of ownership, use, distribution, modification, and further development of the platform and all its components, to the extent permitted by applicable intellectual property laws of the Republic of Croatia and the European Union, including laws governing software and computer programs.
Users are expressly prohibited from any unauthorized use, copying, reproduction, distribution, public disclosure, or creation of derivative works based on the platform or its components, as well as any attempt to access source code, database structure, or system architecture.
In particular, any form of reverse engineering, decompilation, disassembly, decryption, or other attempt to discover source code, logic, or technical structure of the platform is strictly prohibited.
It is also strictly prohibited to copy platform functionalities in whole or in part for the purpose of creating competing products or services, including the development of platforms that are substantially similar in structure, logic, or business model.
Any unauthorized action contrary to this Article shall be considered a material breach of these Terms and may result in initiation of civil, commercial, and criminal proceedings in accordance with applicable law.
Drafted Pro d.o.o., as data controller, processes personal data of users in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), the Croatian Act on Implementation of the General Data Protection Regulation, and other applicable EU legislation, including the ePrivacy Directive.
Personal data is processed solely to the extent necessary for providing, maintaining, securing, and improving platform functionality, for performance of the contractual relationship with users, and for compliance with legal obligations of the Company, including prevention of abuse, fraud, and unauthorized platform use.
The Company ensures that personal data is processed on an appropriate legal basis under GDPR, including performance of a contract, legitimate interest, legal obligation, or user consent where required.
The Company implements appropriate technical and organizational measures to protect personal data, including access controls, encryption where applicable, authentication systems, security incident monitoring, and internal procedures for preventing unauthorized processing, loss, or misuse of data.
Access to personal data is restricted solely to authorized employees of the Company and verified processors acting on behalf of the Company under contractual data protection obligations, whereby such processors may process data only in accordance with Company instructions.
The Company does not sell user personal data and does not disclose it to third parties for purposes unrelated to platform functionality, except where necessary to comply with legal obligations or to protect legitimate interests of the Company, including platform and user security.
Users acknowledge that the platform, by its nature, involves data processing in the context of professional networking and that certain profile data may be visible to other users in accordance with privacy settings and platform functionality.
Personal data is retained only for as long as necessary to fulfill the purpose of processing, unless a longer retention period is required by law or necessary for the protection of legal interests in the event of disputes or abuse.
The Company ensures that users may exercise all rights under GDPR, including access, rectification, erasure, restriction of processing, data portability, and objection, while reserving the right to reject manifestly unfounded or excessive requests in accordance with applicable law.
14.1 Right to Data Portability
Users have the right to receive personal data they have provided to the Company in a structured, commonly used, and machine-readable format, and the right to transmit such data to another controller without hindrance from the Company, in accordance with Article 20 of the GDPR.
This right includes data provided directly by the user as well as data generated through platform use, to the extent such data is processed based on consent or contract. Users shall be enabled, where technically feasible, to export their data via platform functionality, including profile data, published content, and relevant user information.
The exercise of this right does not affect the lawfulness of processing prior to the request nor the Company’s legal obligations to retain data.
A user shall be deemed to have committed a material breach of these Terms of Use in all cases where their conduct seriously undermines the purpose, security, integrity, or lawful operation of the Drafted Pro platform, as well as the trust between users and the Company.
Material breach shall in particular include, but is not limited to:
- any circumvention of the platform, including attempts to continue contacts, communication, or business relationships initiated through the platform outside the platform for the purpose of avoiding payment of fees, commissions, or other contractual obligations, - any misuse of data, including unauthorized collection, copying, extraction, processing, storage, or distribution of user data, whether manually or by automated means, contrary to these Terms and applicable regulations, - any form of fraudulent conduct, including false representation of identity, professional status, sporting achievements, managerial authority, or any other relevant facts, - providing false, incomplete, or misleading information to other users or the Company for the purpose of obtaining business or other benefit - any use of the platform for purposes contrary to applicable laws of the Republic of Croatia or the European Union, including but not limited to fraud, misuse of personal data, unauthorized advertising, or spam activities, - attempts to destabilize, compromise security, or disrupt the technical functioning of the platform, including attempts of unauthorized access to the system, databases, or user accounts.
In the event of a determination or reasonable suspicion of a material breach, the Company shall have the right, at its sole discretion and without prior notice, to take one or more of the following measures:
- immediately restrict, suspend, or permanently deactivate the user account, - unilaterally terminate the contractual relationship without notice period and without obligation of prior warning, - remove or block all content associated with the user, - disable access to certain or all functionalities of the platform, - initiate claims for damages, including actual damage and lost profit, as well as all related costs arising as a consequence of the breach, - initiate appropriate civil, misdemeanor, and criminal proceedings before competent authorities in order to protect the interests of the Company, the platform, and other users.
The application of these measures does not constitute a waiver of any other rights or legal remedies available to the Company under law or these Terms, nor does it exclude the Company’s right to subsequently claim additional damages if such damages are determined later.
The Company reserves the right to act preventively and urgently in cases where there is a risk of further damage, abuse, or threat to the security of the platform or its users.
Use of the Drafted Pro platform is available to users for a definite or indefinite period, depending on the type of subscription or contractual relationship, as long as the user complies with these Terms of Use and applicable legal regulations.
The Company reserves the right, in accordance with the principles of proportionality, user protection, and lawful business operations, to take one or more of the following measures:
- temporarily restrict or suspend access to the user account, - restrict certain functionalities of the platform, - permanently terminate or deactivate the user account.
These measures may be applied in particular in the following cases:
- suspicion or established breach of these Terms of Use, - misuse of the platform, including system circumvention, fraud, or unauthorized use of data, - submission of inaccurate, untrue, or misleading information, - activities that threaten the security, integrity, or reputation of the platform or other users, - conduct contrary to applicable regulations of the Republic of Croatia or the European Union.
The Company shall, where reasonably and technically feasible, inform the user in advance of the measures taken and allow the user to respond, except in cases where such notification would endanger the security of the platform, other users, or an investigation into possible misuse.
In the case of permanent termination of a user account due to serious breach of the Terms, the user shall not be entitled to compensation or refund of already used services, unless otherwise required by mandatory law of the Republic of Croatia or the European Union.
Termination of platform use, whether by the user or the Company, does not affect rights and obligations which by their nature survive termination, including provisions on intellectual property, liability, prohibition of platform circumvention, and data protection.
The Company shall not be liable for any delay, interruption, unavailability, service degradation, or failure to perform any obligation under these Terms to the extent that such is caused by a force majeure event.
Force majeure shall mean all events, circumstances, or causes beyond the reasonable control of the Company, which could not have been foreseen, avoided, or remedied despite due diligence, including but not limited to:
- natural disasters (including earthquakes, floods, fires, storms, and other extreme weather conditions), - war, armed conflicts, invasions, terrorist acts, riots, or civil unrest, - pandemics, epidemics, or other public health crises and related governmental or international measures, - acts of state authorities, regulatory prohibitions, sanctions, blockades, or restrictions affecting the operation of the platform or its components, - interruptions or disruptions of internet infrastructure, telecommunications networks, or third-party service providers, - failures, unavailability, or outages of cloud infrastructure, hosting services, data centers, or CDN networks, - cyberattacks, including DDoS attacks, ransomware, malware, unauthorized intrusions, or security incidents, - mass software or hardware failures, global technical incidents, or failures of key technology providers, - any other event that reasonably prevents or significantly impairs the operation of the platform and is not under the reasonable control of the Company.
In the event of force majeure, the Company reserves the right to temporarily:
- suspend or limit platform availability, - deactivate certain functionalities, - postpone execution of services or obligations,
without prior notice, if circumstances so require.
The Company shall, to the extent reasonably and technically feasible, take commercially reasonable measures to:
- mitigate the negative effects of the force majeure event, - restore normal platform operation within a reasonable time, - ensure continuity of key functionalities where possible.
A force majeure event shall not be considered a breach of contract and shall not entitle the user to compensation, refund, or termination of the contract due to non-performance resulting from such event, to the extent permitted by mandatory law.
To the maximum extent permitted by applicable law of the European Union and the Republic of Croatia, the total liability of the Company towards the user, on any basis (contractual, non-contractual, tortious, or otherwise), shall be limited to the amount actually paid by the user to the Company for the use of the platform during the twelve (12) months preceding the event giving rise to the claim.
The Company shall not be liable for any:
- indirect, consequential, or incidental damage, - loss of profit, revenue, business opportunities, or contracts, - loss of data, reputational damage, or business interruption, - costs of substitute services or technology, - any damage arising from relationships between platform users,
regardless of the legal basis of the claim and regardless of whether the Company was advised of the possibility of such damage.
Users expressly accept that use of the platform is at their own risk and that the Company does not guarantee:
- continuous availability of the platform, - accuracy or authenticity of user content, - success of business, sports, or professional connections, - outcome of communication or negotiations between users.
The limitations in this Article apply to the extent permitted by mandatory law and do not apply to liability that cannot be legally excluded (including intent and gross negligence, where applicable under mandatory provisions).
The user agrees to fully indemnify, defend, and hold harmless Drafted Pro d.o.o., as well as its affiliated persons, employees, directors, representatives, and partners, from and against all claims, lawsuits, demands, damages, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorney’s fees and legal representation costs), arising out of or in any way connected with:
- use of the platform by the user or any person using the user’s account; - content that the user posts, uploads, stores, or otherwise makes available through the platform; - any breach of these Terms of Use by the user; - any violation of applicable laws, regulations, or third-party rights by the user; - disputes, claims, or legal proceedings arising between users in connection with use of the platform; - any fraudulent, unauthorized, abusive, or illegal conduct of the user in connection with use of the platform.
This indemnification obligation applies regardless of whether the claim, demand, or proceeding is initiated by another platform user, a third party, or a competent governmental or regulatory authority.
The Company reserves the right, at its sole reasonable discretion, to assume exclusive control of the defense and handling of any claim subject to this provision, including selection of legal counsel and defense strategy, and the user shall fully cooperate with the Company in the defense of such claim, including provision of all relevant information, evidence, and documentation. The user undertakes that, without the prior express written consent of the Company, they shall not enter into any settlement, admit liability, or otherwise assume obligations that could directly or indirectly affect the rights, obligations, or legal position of the Company or the platform.
These Terms of Use, as well as all relationships between the Company and users of the Drafted Pro platform, shall be governed by the law of the Republic of Croatia, with corresponding application of relevant European Union regulations relating to digital services, consumer protection, data protection, and electronic commerce.
In the event of any dispute, disagreement, or claim arising out of or in connection with the use of the platform, the parties shall endeavor to resolve the dispute amicably, in good faith, and through direct negotiations.
If an amicable resolution cannot be reached within a reasonable time, the competent court in the Republic of Croatia, according to the Company’s registered seat, shall have jurisdiction over all disputes, unless mandatory European Union law or mandatory consumer protection provisions stipulate otherwise in favor of the user.
This provision does not exclude the application of mandatory out-of-court consumer dispute resolution mechanisms, including platforms and procedures provided under European Union law.