General Terms and Conditions

Preamble

The following General Terms and Conditions (hereinafter referred to as “GTC”) govern the terms and conditions for the use of the Erobella platform (including associated pages), the posting of advertisements or content, and the use of (paid) services on the Erobella platform. The provisions of these GTC apply to visitors of the website and community members/users who do not act as clients, where relevant. The GTC can also be accessed and downloaded from Erobella.com after the conclusion of the contract.

By clicking the tick-box regarding the GTC, users agree to the application of these GTC. Clients agree to the GTC by using the website and accepting its terms. Any GTC from clients and users that conflict with these terms will not be part of the contract.

The provider reserves the right to adapt or change the GTC. This only applies to clients and users who are using the provider’s services at the time of the GTC change and are registered on the website. For others, the amended GTC will take immediate effect.

• 1 Services of the Provider

The provider makes the Erobella platform available. The platform allows legally competent adults and commercially active natural or legal persons and partnerships (hereinafter referred to as “clients”) to publish media, texts, images, graphics, calculations, data, music, video sequences, etc. (hereinafter referred to as “content”) after registration. Legal representatives of such persons, such as agencies, can also obtain membership as legal entities. Registration and use of the platform are strictly prohibited for minors. Posting content is generally free, but clients have the option to purchase paid features or packages. Paid features are clearly marked as such and can be activated by the client. Prices for paid services are visible to registered members on the provider’s platform. The provider also enables clients’ content to be accessed. Only content and data approved by the client will be published on the platform.

The platform allows legally competent adults (“users”) to view profiles, content, and other information from clients, interact with them, and possibly leave reviews. The provider does not act as a mediator but limits its role to the technical implementation of the presentations created by the clients.

The provider does not verify the content submitted, uploaded, or entered by the clients and cannot guarantee its accuracy, appropriateness, or quality. The provider reserves the right to refuse the publication of content at its discretion, as well as to correct, delete, or block a client’s account temporarily or permanently. These measures do not affect any payment obligations of the client to the provider, which remain fully in place.

Clients may choose to get verified by proving their identity through a suitable process, such as providing a passport or other means.

The client has no claim to the publication of content on the provider’s platform or to the use of services and features offered by the provider. In case of violations of these GTC, legal provisions, false information, or other significant reasons, the provider reserves the right to impose a virtual ban, excluding the client/user from future use of the provider’s services. This may be temporary or permanent and does not relieve clients of payment obligations for any paid features used.

Services, features, and content on the platform can be changed, expanded, or restricted by the provider at any time. In case of changes to paid features, the provider will ensure proper compensation.

Private messages exchanged between clients and users are not monitored by the provider. However, if required by law, court orders, or government regulations, the provider may conduct investigations, review communications, and share materials with authorities.

Clients can purchase virtual currency (“credits”) from the provider on Erobella. Refunds for these payments are excluded until further notice.

The provider reserves the right to limit, expand, modify, or discontinue the platform’s usage without prior notice or consent. Additionally, the provider may change access modalities or stop providing services free of charge. There is no legal entitlement to the permanent free or paid use of the platform.

• 2 Conclusion of Contract for Clients

Clients must register for free to use the platform. A valid and permanent email address, and possibly a mobile phone number and address, are required for registration. During registration, the client selects a username and password. The client will promptly receive an email confirming the receipt of their data and the conclusion of the contract.

Registration by the client constitutes a request to conclude a usage contract for the services provided by the provider. However, the applicant has no right to the conclusion of the contract.

By requesting the usage contract, the client declares that they are an adult (over 18 years old), fully competent to enter into legal transactions, engaged in commercial activities, and therefore considered a merchant or entrepreneur.

Multiple accounts per person are allowed only if managed by a manager account. In such cases, the manager is responsible for ensuring that only one account for a person is published at a time. A manager can manage multiple accounts for different people but may not publish multiple accounts for the same person simultaneously. If multiple accounts for the same person are published, the provider may deactivate, modify, or delete one or all of them.

• 3 Conclusion of Contract for Users

Users can register for free to use the platform. A valid and permanent email address, and possibly a mobile phone number, are required for registration. During registration, the user selects a username and password. The user will promptly receive an email confirming the receipt of their data and the conclusion of the contract.

Registration by the user constitutes a request to conclude a usage contract for the services provided by the provider. However, the user has no right to the conclusion of the contract. Multiple user accounts for a single person are generally not permitted and can be deactivated or deleted by the provider.

By requesting the usage contract, the user declares that they are an adult (over 18 years old) and fully competent to enter into legal transactions.

Multiple accounts for users are not allowed and can be deactivated or deleted by the provider.

• 4 Obligations of the Client

Clients are solely and fully responsible for the content they provide to the provider or platform. Clients agree to provide truthful, complete, and up-to-date information about themselves during registration and to meet the minimum requirements necessary for creating content on the platform. If clients use or purchase paid options/features on the platform, they are obliged to pay the agreed compensation for the option/feature without delay.

Changes in name or address must be communicated to the provider promptly and without undue delay. If delayed notification results in additional expenses for the provider, the client must fully cover these costs.

If there are legitimate doubts about the authenticity of a client’s data, the provider may, at its discretion, temporarily block the account and request proof of the data’s authenticity from the client. If the client fails to provide such proof promptly, the provider may temporarily suspend or delete the account. A refund for payments already made by the client (e.g., for using paid features) is excluded.

Clients must not share their access data with third parties, especially minors, and must protect this information from unauthorised access. To ensure adequate protection, passwords should be changed regularly following current password standards. Clients are liable for any damages caused by sharing their access data with third parties or unauthorised use. In case of suspected misuse, the client must immediately change the password and inform the provider.

The client expressly agrees to and consents to the processing of their data, which may include personal data, data about their sexual life or orientation, and other uploaded content. The client understands that their data, content, and photographs may be published on Erobella, partner sites, or mobile services to promote the client’s services. The client can revoke their consent to the processing of personal data and content at any time via email or postal mail to the provider.

Clients are solely responsible for their activities, information, and content and must comply with all relevant legal provisions, particularly regarding copyright, trademark law, and youth protection law. The client guarantees that they have all the necessary rights to the content they use and that no third-party rights (e.g., personal image rights, name rights) are violated by its use. The client guarantees that the content they publish does not violate these GTC or other legal provisions. At the provider’s request, the client must promptly prove ownership of the rights to the content they use. If third-party content is used, the client assures they have obtained all necessary permissions from the copyright owner or that the copyright owner has waived their rights, and the client can provide written proof of this.

Clients are prohibited from uploading or using prohibited content (as described below) on the platform or linking to it.

 

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• 5 Obligations of Users

Users must not share their access data with third parties, especially minors, and must protect it from unauthorised access. To ensure security, users should regularly change their passwords in line with current password standards. Users are responsible for any damage caused by sharing their access data with third parties or unauthorised use. If misuse is suspected, the password must be changed immediately, and the provider must be informed.

Users have the option to create reviews on the platform, and they commit to making only objective, truthful statements. Inappropriate, insulting, or defamatory statements about third parties will not be tolerated and will be removed upon notification.

Users are solely and fully responsible for the content they provide to the platform. They agree to provide truthful, complete, and up-to-date information about themselves when registering. If the provider has doubts about the authenticity of user data, it may temporarily block the user’s account and request proof of authenticity. If the user fails to provide the requested proof, the provider may temporarily suspend or delete the account.

Users are required to comply fully with these GTC and to maintain respectful communication with all participants on the platform. In the event of non-compliance, the provider reserves the right to take appropriate measures. If the provider becomes aware of criminally relevant behavior, it reserves the right to inform the authorities.

Users are responsible for ensuring that their activities and content comply with relevant legal provisions, such as copyright, trademark law, and youth protection law. Users must also have all necessary rights to any content they use and guarantee that the use of this content does not infringe on third-party rights (e.g., image rights, name rights). The provider may request proof of rights to the content at any time.

Users are prohibited from uploading or using prohibited content (as described below) on the platform or linking to it.

Users agree to cover all costs incurred by the provider, including legal fees, in the event that third parties bring claims against the provider due to users’ content or actions.

• 6 Granting of Rights

Clients and, where applicable, users grant the provider a free, unrestricted, and geographically unlimited right to use, display, or make publicly accessible any content they submit or upload on or via the provider’s platform.

Clients agree that the provider may use the content or parts of it for advertising purposes on partner platforms to promote the client’s services and increase the number of inquiries received.

This granting of rights ends once the client’s account is deleted. The provider does not guarantee the completeness, accuracy, or usability of the content published or uploaded on the platform.

• 7 Content

Clients (also referred to as “creators”) can create content such as photos or videos and offer them for sale on the platform. Users can purchase this paid content. The purchase contract is made between the user and the provider on behalf of and for the account of the provider. The client expressly permits the provider to offer the content to users in its own name and on its own account for sale.

If content created by a client is purchased by a user, the client is entitled to a commission from the provider. If the content is purchased for a specified period, the client is responsible for regularly uploading new content. The provider may label accounts with low or no recent activity as such.

The contract for paid services of a client takes place on the client’s profile page. The provider has no influence on the type, quantity, frequency, or quality of the content. The client provides content at their discretion. If a user chooses to purchase the content, they must confirm their order by clicking an appropriate button (e.g., “Pay Now”). By clicking, the user expressly agrees to the price and term listed on the client’s profile page. All prices mentioned on Erobella for client content include the applicable VAT at  checkout stage.

Purchased content is for personal use only. Downloading content is not allowed. Sharing content is prohibited and will be reported to the authorities. All activity on the website may be logged. In cases of suspected criminal behaviour, investigative authorities may be able to identify the user.

The provider has the right to verify the client’s identity at any time. The provider is authorised to match the client’s photos or videos with their ID documents and may request these from the client. Third parties may be involved in this verification process.

Both the provider and the client may terminate the contract for using Erobella at any time without giving reasons. The contract will end after the last paying user’s access to the client’s content expires, but no later than 30 days from the termination notice. Once termination is initiated, the provider may restrict the purchase of content. If no users have ongoing access rights, the termination will take effect immediately.

• 8 References and Links

Direct or indirect references to external websites (“hyperlinks”) that lie outside the provider’s area of responsibility will only lead to liability if the provider is aware of the illegal content and it is technically possible and reasonable to prevent the use of such illegal content. The client/user declares that at the time of linking, no illegal content on the linked pages was evident. The provider has no influence on the current and future design or content of the linked pages and therefore expressly distances itself from any illegal content that may have been subsequently added to the linked pages.

• 9 Legal Violations

The provider takes the protection of third-party rights seriously and strives to prevent the publication of infringing content. If a user or client believes their rights (e.g., image rights, name rights, trademark rights) or legal regulations (e.g., youth protection) have been violated by content on the platform, they are asked to notify the provider in writing with the following information:

1. Name, link, and description of the infringing content
2. Description of the violation, including evidence
3. Contact information of the rights holder or authorised representative
4. A declaration that the content infringes the rights of the claimant, including the rights holder’s signature and a sworn statement of the truthfulness of the information provided

Serious reports of rights violations will be reviewed by the provider, and appropriate legal steps will be taken if necessary. Abuse of the reporting process will be prosecuted.

 

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• 10 Duration and Listing

The content of the client will be published on the provider’s platform for an indefinite period. The client may purchase additional paid features for a specified period. After the agreed period expires, the additional paid feature will automatically be deactivated. No termination notice is required. The provider will endeavour to inform clients before the end of the period about the possibility of extending their services.

Clients can also cancel activated paid features before the end of the agreed term, but this has no effect on the payment obligations of the client. No refund will be given for already paid fees.

The provider cooperates with external payment providers to process payments. By making payments, the client agrees to the terms and conditions of the respective payment provider.

• 11 Right of Withdrawal

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities. On Erobella, only commercially active clients can purchase fee-based services or make payments, and commercially active or self-employed clients do not have a right of withdrawal. Users classified as consumers have the right to withdraw, as outlined below.

Right of Withdrawal for Consumers

Consumers have the right to withdraw from a contract within 24 hours without providing any reason. To exercise your right of withdrawal, you must inform us (Marketing Services International B.V., Keizersgracht 62, 1015CS, Amsterdam, Netherlands, Email: [email protected]) of your decision to withdraw from the contract through an unambiguous declaration (e.g., a letter sent by post or email). You can use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs if you choose a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we received your withdrawal notice. We will use the same payment method that you used for the initial transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.

If you requested that services begin during the withdrawal period, you must pay us an amount proportional to the services provided up until the point you notify us of your withdrawal.

Sample Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

 

To:

Marketing Services International B.V.

Keizersgracht 62,

1015CS, Amsterdam

Netherlands

I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service(s):

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete where inapplicable.

 

• 12 Brokerage Agreements

All intermediaries acting on behalf of the provider do so without the authority to represent the provider. Intermediaries act only as recipients of offers from clients to the provider.

• 13 Database Rights

All rights (copyright, trademark, and other intellectual property rights) to the database and uploaded content are owned exclusively and fully by the provider. Any rights of the client to their own content remain unaffected.

It is forbidden to alter notices regarding copyrights or other intellectual property rights on the Erobella platform. It is also prohibited to use the contents of the provider’s database to create a separate database in any medium, or to commercially use or disclose the database contents. The integration or connection of the database or individual elements of the database with other databases or meta-databases is also prohibited.

• 14 Warranty

The databases and technical facilities provided by the provider comply with the current state of the art. The provider strives to ensure the greatest possible availability of the platform. However, due to circumstances beyond the provider’s control (force majeure, third-party fault, etc.) or for maintenance work, there may be temporary restrictions on access to the platform or its services. The provider does not guarantee continuous availability or access to its platform and is not liable for any downtime due to maintenance or technical work. The provider offers no warranty for the authenticity or retention of uploaded content. In case of deletion, modification, or blocking of an account due to a violation of these terms, the client/user has no claim to the retrieval of stored content or communication data.

• 15 Prohibited Content

Uploading, posting, or using prohibited content (e.g., racist, discriminatory, obscene, or illegal content) is forbidden. The provider may immediately block or delete such content without prior notice or consent from the client/user. The provider also reserves the right to block accounts without warning or notification and to impose virtual bans. This does not affect any payment obligations of users or clients. In case of a violation of this provision, the provider reserves the right to impose a contractual penalty of up to EUR 1,000 for each individual violation, without affecting any claims for damages.

Prohibited content includes, but is not limited to, links to paid offers or advertisements for third-party services. It is strictly forbidden to advertise unprotected sexual intercourse in any form (whether explicitly or through abbreviations or synonyms) on the platform. If the provider becomes aware of a violation, the corresponding advertisement will be removed immediately, and the client’s profile may be blocked or deleted.

Furthermore, it is prohibited to upload or use pornographic content (18+) without appropriately marking it as such. The provider may immediately remove any content in violation and impose virtual bans as necessary.

Users and clients also agree not to send spam or to attempt to poach clients or users, nor to upload any code that could affect the functionality of the platform. Additionally, users/clients must not publish content that is offensive, threatening, incites violence, or constitutes harassment. Any action that is objectively or abstractly capable of causing unlawful, misleading, or discriminatory behavior, overloading the platform, or affecting its functionality may result in sanctions.

Users and clients agree to fully indemnify the provider and its affiliated companies from any third-party claims resulting from users’ or clients’ posted content, actions, or statements. Users and clients also agree to reimburse the provider for any necessary legal defense costs, including all court and attorney fees.

• 16 Limitation of Liability

Regardless of the legal basis, claims for damages against the provider are excluded unless gross negligence or intent can be proven on the part of the provider, its legal representatives, or agents. Any liability of the provider for injury to life, body, or health, or under the Dutch Civil Code or other applicable product liability laws, remains unaffected. If the provider violates essential contractual obligations, liability is limited to the foreseeable damages. This also applies to affiliated companies, employees, agents, and representatives.

• 17 Final Provisions

Only Dutch law applies. The place of jurisdiction for claims against the provider is Amsterdam. The provider may also bring claims against clients in their general place of jurisdiction. For consumers, the choice of law applies only if it does not deprive the consumer of mandatory protections under the law of their country of habitual residence.

If individual provisions of this contract are or become invalid or unenforceable, this does not affect the validity of the remaining terms. In place of the invalid or unenforceable provision, the valid and enforceable provision that comes closest to the economic intent of the parties shall apply.