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General Terms and Conditions (GTC) of the “High Class Angels” platform

  1. Scope

    1. These General Terms and Conditions (GTC) are the binding rules that apply between NDSP Media Agency UG (haftungsbeschränkt), Derfflingerstraße 16, 40470 Düsseldorf, represented by Mr. Angel Mitevski, - hereinafter referred to as the "platform operator" - and the users - hereinafter referred to as the "users" - when using the platform "High Class Angels" - hereinafter referred to as the "platform". These GTC apply to all interested parties and entrepreneurs or potential service providers.

    2. The platform operator provides a platform on which escorts and companies active in the escort business – hereinafter referred to as "escorts" – offer their services and can be booked by customers – hereinafter referred to as "customers".

    3. Escorts and customers are hereinafter also referred to as users.

    4. These terms and conditions apply to all users, regardless of whether they are entrepreneurs or consumers when using the platform. The terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the user only become part of the contract if and to the extent that the platform operator has expressly agreed to their validity. This consent requirement applies in any case.

    5. The platform may only be visited by adults aged 18 or over. Before entering the platform, the user must confirm that he or she has reached the minimum age of 18. The platform operator assumes no liability for incorrect information provided by users regarding their age. The user is solely responsible for providing the correct information. The platform operator reserves the right to refuse or restrict access to the platform if there is suspicion that the user has not reached the minimum age of 18 or has provided false information.

    6. The platform operator reserves the right to refuse to conclude a contract if there are important reasons. Such a reason may be given for the platform operator in particular if a conflict of interest exists or may arise or if other legal or statutory reasons conflict with this.

  2. Advertising on the platform

    1. Every user of the platform has the opportunity to book various banners and advertise themselves on the platform.

    2. Banners are booked via the platform's booking system. Various booking options are available.

    3. Booking banners is subject to a fee. The costs depend on the type and duration of the booking as well as the size and position of the banner.

    4. The user is responsible for the content of the banner and its compliance with legal provisions.

    5. The platform operator reserves the right to refuse or cancel banner bookings without giving reasons.

    6. The user undertakes to provide all required information truthfully and completely when booking the banners.

    7. The platform operator is not liable for damages resulting from the use of the banners.

    8. The Escort indemnifies the platform operator from all claims made by third parties against the platform operator due to the use of the banners.

    9. The platform operator reserves the right to change the booking conditions and prices at any time. Changes will be displayed on the platform.

  3. Registration and procedure

    1. To use the platform, you must register with a current email address and the desired personal password. After registering, the platform operator will send the user an email to the email address provided by the user with a clickable link for activation. The platform can be used after clicking on the link. Use is free for users. Escorts can choose between the paid membership packages offered by the platform operator with different terms.

    2. Each user can only create one user account. Transferring this to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In the event of misuse of the account or a suspicion of misuse or loss of the password, this must be reported to the platform operator immediately. In such cases, the platform operator is entitled to block the account completely or temporarily.

    3. After the platform has been activated for use, customers can create a non-public customer profile and escorts can create a public escort profile. All users are obliged to provide complete and truthful information. If users culpably provide misleading or untrue information, they are obliged to pay compensation if the platform operator has suffered damage as a result of this untrue information. Users are also obliged to indemnify the platform operator against claims from third parties. Other claims, in particular claims for damages from third parties or claims for damages from potential contractual partners, remain unaffected.

    4. The platform operator does not check every escort profile before it is published. However, the platform operator reserves the right to check individual information, for example by requesting proof from escorts. The platform operator is entitled to refuse to publish escort profiles if the respective profile does not correspond to the specialization of the platform or the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, the rights of third parties, common decency or the general terms and conditions of the platform. The platform operator does not guarantee the information provided by users.

    5. After the profile has been activated by the platform operator, escorts have the opportunity to place advertisements. Customers now have access to the escort profile and can accept offers or arrange other services. Customers and escorts then have the opportunity to conclude contracts. The platform operator has no connection with the services offered or concluded contracts and is not liable for them or for the content or success of the escorts' offers.

  4. User profiles

    1. If the user registers on the platform to offer or use the services offered, parts of the details and information of the profile on the platform will be visible to other users.

    2. The profile is visible to all visitors to the platform.

    3. The platform operator is entitled to forward personal data in user profiles to other users if the user has given his consent to do so. The personal data will only be passed on for the purpose stated in the consent.

    4. In order to be able to offer services on the platform, escorts must conclude a membership contract to use the platform. Escorts can choose between different duration models, for 30, 60 or 90 days.

    5. The presentation and promotion of options on the website does not constitute a binding offer to conclude a contract.

    6. A contract is only concluded when the platform operator accepts the escort's order by means of a declaration of acceptance or when the service is provided.

    7. After completing the membership, the escort can publish his escort profile for the agreed period and be contacted by potential customers by email.

    8. The escort is free to design the escort profile and offers and to process them. However, the escort is responsible for compliance with the legal provisions and releases the platform operator from all damages or claims from third parties due to violations.

  5. Prices and payments

    1. The membership prices for escorts indicated on the platform are net prices and are exclusive of VAT.

    2. The agreed subscription price is to be paid immediately after registration.

    3. Unless expressly agreed otherwise, payment is only made using the payment methods shown on the website. Use will only be activated after payment has been made.

    4. Escorts are not entitled to offset claims against the platform operator unless the counterclaims have been legally established or are undisputed.

  6. Duration and Cancellation for escorts

    1. Unless expressly agreed otherwise or stated on the website, a membership for escorts is concluded for a period of at least one month. The exact duration is determined by the respective subscription.

    2. The duration of the respective subscription ends automatically at the agreed end of the term without the need for termination. If the subscription is not renewed or not renewed in time, the membership will not be renewed automatically, but will be terminated. An extension requires an explicit booking of the escort.

    3. Two and seven days before the expiry of the term, the escort will receive a notification informing him of the approaching end of the term. However, he is not obliged to enter into an extension.

    4. The right to extraordinary termination for good cause remains unaffected. Any termination must be in writing.

  7. Mediation activity

    1. The platform operator does not provide any services of its own. The service on the platform is purely a mediation of contacts between escorts and customers and the provision of the platform. The platform operator cannot guarantee that escorts and their services are actually available to customers. Users have no right to a successful mediation and no right to the provision of a certain number of contracts.

    2. The platform operator acts only as an agent and is not responsible for the content of the escorts' offers. The platform operator assumes no guarantee or liability for the accuracy, quality, availability or legal admissibility of the services offered. Each contract is concluded exclusively between the customer and the respective escort. Any claims arising from or in connection with the offers must be asserted exclusively against the escort..

  8. License for User Content

    1. When users provide content on the platform, they instruct the platform operator to store and host this information and, if agreed, to make it accessible to third parties. The platform operator uses user content in accordance with the agreement between users and the platform operator. By providing their content to the platform, users grant the platform operator a non-exclusive, spatially unlimited license to use this content for the purpose of providing the services under the agreement with the platform operator for the duration of the agreement. This also includes the right to store, reproduce, format, (technically) edit, transfer, make accessible and analyze and evaluate the content themselves or through third parties. The platform operator is also entitled to keep the data in a backup system or separate backup data center. In order to eliminate disruptions, the platform operator is also entitled to make changes to the structure of the data or the data format. The platform operator will only publish the content uploaded by users on the platform and make it accessible to third parties to the extent necessary for the purpose of the contract.

    2. Users guarantee that they have all rights to the content they upload to the platform or that they have a license for the content in order to grant the platform operator the rights in accordance with Section 8 (1).

  9. Obligations of the platform operator

    1. The services offered by the platform operator are subject to continuous development, which may change from time to time to a reasonable extent. The platform operator reserves the right to temporarily or permanently stop providing the services (or functions within the services) for individual or all users. The platform operator will inform users of any changes or restrictions to the services with reasonable advance notice.

    2. The platform operator is not liable for any loss of data due to any technical malfunction or cessation of services.

    3. The availability of the platform is 98% on average per year. This excludes times when the servers are unavailable due to routine and previously announced maintenance work or disruptions outside the control of the platform operator.

    4. The platform operator endeavours to keep the platform up to date, but there is no legal entitlement to do so. The platform operator can restrict or expand the range of functions of the platform at any time..

  10. Obligations of users

    1. Users are prohibited from using the platform software and services for purposes other than their own personal or professional/commercial purposes without the express permission of the platform operator, in particular not for other commercial purposes

      • introducing viruses, Trojans, worms or other malicious code onto the platform or attempting to do so,
      • hacking or manipulating the platform software or attempting to do so,
      • using scripts and other automated or partially automated processes to use the platform,
      • circumventing the platform's security functions or attempting to do so.
      • renting out user accounts or otherwise using them commercially, sublicensing them or otherwise making them available to third parties, unless this has been expressly permitted by the platform operator.
    2. The platform operator reserves the right to block users in the event of a breach of these terms and conditions or if there is an important reason. However, the platform operator is not obliged to monitor the offers or activities of users and assumes no liability for any damage caused by the blocking of a user.

  11. Termination and Cancellation

    1. The parties are entitled to terminate the free usage agreement at any time without giving reasons in text form.

    2. The escorts’ paid user contracts expire automatically at the end of the contract period without the need for termination.

    3. If the contract is terminated or not renewed by the user or by the platform operator, the personal user data (including name, email, telephone number, messages, uploaded files) will be archived by the platform operator. The user account will be permanently deleted no later than six 6 months after the contract termination. This does not apply if the platform operator needs the data in question to enforce claims against users or if there are statutory retention periods.

    4. When the termination takes effect or the contract term expires, the contractual relationship ends and the user can no longer use his access. The platform operator reserves the right to block the user name and password when the termination takes effect.

  12. Liability

    1. The platform operator assumes no responsibility for delivered data material, advertising texts or related storage media and is in particular not obliged to store or return them. Deletion after the end of the contract takes place in accordance with the legal requirements.

    2. The platform operator is liable for material or legal defects in accordance with the existing applicable legal provisions.

    3. The platform operator is liable to users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

    4. In other cases, unless otherwise agreed, the platform operator is only liable for breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely (so-called cardinal obligation), and is limited to compensation for foreseeable and typical damage. In all other cases, the platform operator's liability is excluded, subject to deviating provisions.

    5. Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

    6. The limitations of liability apply to the employees, agents and vicarious agents of the platform operator accordingly.

  13. Non-disclosure clause

    Users, in particular escorts, undertake to maintain confidentiality towards third parties regarding all business information received in the context of the brokerage activity, including customer data, during the term of the contract and after termination of this contract.

  14. Privacy Policy

    1. The platform operator may process and store the user data that users upload to their user profile and pass it on to third parties as long as this is necessary for the execution of the brokerage and as long as it is obliged to retain this data due to legal regulations..

    2. Further information on the platform operator’s data protection can be found in the privacy policy at the following link: Privacy Policy

  15. Legal right of withdrawal

    1. Consumers have a statutory right of withdrawal. The platform operator refers to its separate cancellation policy at the following link: Cancellation Policy

    2. Entrepreneurs have no right of withdrawal.

  16. Changes to the Terms and Conditions

    1. The platform operator reserves the right to change these General Terms and Conditions at any time and without giving reasons. The amended General Terms and Conditions will be communicated to users in text form at least two weeks before they come into effect..

    2. The amended General Terms and Conditions are deemed to be accepted if the user does not object to them within two weeks of receiving the notification. When notifying the amended General Terms and Conditions, the platform operator will point out the deadline and the consequences of not raising an objection.

  17. Copyrights

    The platform operator holds the copyright to all images, films and texts published on its website or platform. The use of images, films and texts is not permitted without the express consent of the platform operator.

  18. Final Regulations

    1. The platform operator does not take part in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.

    2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

    3. If the user is a merchant, the exclusive place of jurisdiction is the registered office of the platform operator. Otherwise, the applicable legal provisions apply to local and international jurisdiction.