General Terms and Conditions for Members

1. General

1.1 Scope

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract to all business relationships between us (MADOX GmbH, Weinzedleistraße 1, 9400 Wolfsberg) and you as a member. Should you use conflicting General Terms and Conditions, these are hereby expressly contradicted.

Note: MADOX GmbH operates the Scorty platform exclusively as an advertising medium and contact mediation platform. We do not sell, broker or provide escort services, companion services or similar services ourselves. Members use the platform solely to offer and promote their services independently and on their own responsibility. All contracts for the provision of services are concluded exclusively between members and users. MADOX GmbH is not involved in these contracts.

1.2 Contract Agreement

The contract language is German. These General Terms and Conditions are directed both to consumers and entrepreneurs within the meaning of Austrian law.

"Platform" is the website www.scorty.eu provided by us as well as the associated web app "Scorty".

"Members" or "Providers" are natural persons who create profiles via our platform and offer services in the field of escort services, companion services or similar services.

"Users" are all persons who search for providers via the platform and contact them.

1.3 Age Restriction and Majority

The use of the platform is only permitted to persons of legal age who have reached the age of 18. By registering, you confirm that you have reached the age of 18. The platform is expressly not intended for minors. Should we become aware that a minor has created a profile, we will delete it immediately and without prior notice.

1.4 Registration and Conclusion of Contract (Paid Usage Contract)

To use the full scope of our platform, it is first necessary to register as a member and create an account. The registration process includes the following steps:

• Creation of a user account with the required personal data
• Email verification by confirming an activation link
• Verification of your identity: Private individuals must present a valid passport or ID card. Manager Plan customers (businesses/agencies) must additionally provide a valid business proof (e.g. trade license, commercial register extract) and verification of the authorized representative.
• Proof of a current health check (not older than 3 months) – optional. Members who provide proof receive a verification badge in their profile.
• Creation and design of your profile with pictures and descriptions
• Review and activation by the Scorty team

When ordering via the platform, the booking process consists of four steps. In the first step, you select the desired subscription model. In the second step, you enter your data including billing address. In the third step, you select the payment method. In the fourth step, you have the opportunity to review all information (e.g. name, address, payment method, desired subscription model) again and correct any input errors before confirming your order by clicking the "subscribe with payment" button or a comparable button.

By placing the order, you make a binding contract offer. You will immediately receive an automatic confirmation email confirming receipt of your order. This confirmation does not yet constitute a binding acceptance of the order. We are entitled to accept the contract offer contained in the order within five calendar days of receipt of the order by email. The contract is concluded upon acceptance.

After successful review and payment, your profile will be published on the platform. Only with publication is the registration completely completed and the paid usage contract effective.

The password that gives you access to the personal area must be treated as strictly confidential and must not be passed on to third parties under any circumstances. You take appropriate and reasonable measures to prevent third parties from knowing your password. An account cannot be transferred to other users or other third parties.

1.5 Conclusion of Contract between Member and User

Members and users can contact each other via the platform and conclude a separate contract. We will not become a contractual partner in the contracts initiated via our platform, but merely provide the platform. The agreement on type, scope, location, time and remuneration of the service is made exclusively between the member and the user on their own responsibility. We have no knowledge of the specific content of the contracts concluded between members and users and are not responsible for this.

Important Note: The Scorty platform does not mediate prostitution services in the strict sense. The agreement and payment of the fee by the user to the member is made exclusively for time-limited companionship and companion services. Should members offer other or additional services to users, they act on their own responsibility. We hereby expressly point out that Scorty is not responsible for the actions of individual members.

1.6 Subsequent Amendment of Terms and Conditions

We are entitled to subsequently adjust and supplement the General Terms and Conditions for existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the terms and conditions becomes effective if you do not object within six weeks of notification of the amendment. We will expressly point out to you at the beginning of the period that your silence will be deemed acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in time, both we and you can terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old General Terms and Conditions.

2. Service Description

2.1 General

Our Scorty platform is an online platform that enables members to create profiles and display them publicly to contact users. We provide members with a profile and an online environment that enables them to present themselves with pictures, descriptions, information about services, availability and contact options.

The platform offers members the following functions:

• Creation of a personal profile with photos and descriptions
• Publication of information about offered services
• Visibility of the profile for all users of the platform
• Management and updating of own profile
• Statistics and analyses on profile views (depending on subscription model)
• Optional creation of own website with image gallery (only with Manager subscription)

Users can search and filter the profiles of members and contact members via external messenger services. Contact and all further agreements are made outside our platform.

2.2 Verification Process

To protect all parties involved and to ensure the seriousness of the platform, we conduct a multi-stage verification process:

• Identity check: Verification of identity using a valid passport or identity card
• Email verification: Confirmation of email address via activation link
• Health check: Submission of a current health certificate (not older than 3 months) to protect all parties involved. The health check is optional. Members with proof receive a visible verification badge.
• Profile review: Review of uploaded content for compliance with our guidelines
• Manager Plan: Review of the entrepreneurial activity by providing a valid business proof (e.g. trade license, commercial register extract) and verification of the authorized representative

Verification serves the security of all users and members. Only after successful verification will your profile be published on the platform. Verification usually takes place within 3 to 5 working days after receipt of all required documents. When booking the Manager Plan, the entrepreneurial activity is additionally verified through suitable proof.

2.3 Service Provision

We are entitled to have the contract or parts of the contract fulfilled by third parties, in particular by technical service providers for hosting, payment processing and data processing.

2.4 Service Time

After successful completion of the registration process, successful verification and receipt of payment, your profile will be published on the platform within 5 working days. The period begins on the day after the payment order is issued for payment by credit card and on the day after the conclusion of the contract for other payment methods.

3. Payment

3.1 Prices and Subscription Models

All prices are gross prices including statutory VAT. The currently valid prices and subscription models can be viewed on our website at www.scorty.eu/de/mitglieder#pricing.

We offer the following subscription models:

• 1-month subscription: Cancellable monthly, flexible
• 6-month subscription: Term 6 months, discounted compared to monthly subscription
• 12-month subscription: Term 12 months, strongest discount
• Manager Plan: Premium package with extended functions incl. own website

Prices are fixed at the time of contract conclusion. The prices valid at the time of booking apply.

3.2 Payment Method

Payment for the booked services is made via the payment methods offered on our platform during the ordering process. For this purpose, we use external, certified payment service providers.

• Credit card (e.g. Visa, Mastercard)
• Other payment methods supported by our payment service providers

Payment is due upon conclusion of the contract. For subscriptions with monthly payment, the debit is made automatically on the respective due date. Management of your payment data and subscription is carried out via the customer account of the respective payment service provider.

3.3 Automatic Renewal

Subscriptions are automatically renewed for the originally selected term, unless you cancel via your Stripe customer account before the end of the term. For monthly subscriptions, renewal is for one additional month each. Cancellation must be made at least 24 hours before the next billing date to avoid further debiting.

3.4 Payment Default

In case of payment default or failed payment, we are entitled to temporarily deactivate your profile until the outstanding payment is made. In case of repeated payment default, we reserve the right to terminate the contract extraordinarily and permanently delete your profile.

You are in default with payment if payment is not made within two weeks of the due date. In case of payment default, interest is calculated at 9 percentage points above the base interest rate of the European Central Bank. The assertion of further damages remains unaffected. You retain the possibility to prove that we have not suffered any damage or a lesser damage.

3.5 No Mediation Commission

Scorty does not charge a mediation commission for contacts or contract conclusions between members and users. Remuneration for our service is made exclusively through the member's subscription fee. All fee agreements between member and user are made directly between them, without our participation.

3.6 Right of Retention

The assertion of a right of retention is only available to you for such counterclaims that are due and based on the same legal relationship as your obligation or have been legally established.

4. Right of Withdrawal for Consumers

4.1 Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (MADOX GmbH, Weinzedleistraße 1, 9400 Wolfsberg, Austria, Email: office@scorty.eu) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

4.2 Early Expiry of Right of Withdrawal

The right of withdrawal expires prematurely if we have only begun with the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal upon complete fulfillment of the contract by us. This is particularly the case if your profile has already been published on the platform and you have agreed to immediate publication.

5. Your Responsibility

5.1 General

You are solely responsible for the content of your profile. Your content must not violate applicable laws or these General Terms and Conditions. You also undertake not to transmit data whose content violates the rights of third parties (e.g. personality rights, name rights, trademark rights, copyrights, etc.). In particular, profiles with criminal content may not be published or untrue facts may not be claimed.

You guarantee that all photos and images uploaded by you show yourself, that the photos represent a current depiction of your person and that you have the necessary rights to these images. The use of images of other persons, edited photos, outdated shots or images of third parties without their consent is prohibited.

5.2 Prohibited Content

The following content is expressly prohibited on the platform:

• Content that violates legal provisions or constitutes criminal acts
• Pornographic or sexually explicit depictions that go beyond an aesthetic erotic depiction
• The use of profile pictures in which genitals are clearly and distinctly visible. For further photos within the gallery, this restriction does not apply as long as the content is not pornographic or otherwise inadmissible under these terms.
• Content glorifying violence, racist, discriminatory, insulting or defamatory content
• Content showing minors or directed at minors
• Content suitable to harass, threaten or intimidate third parties
• Misleading or untrue information about oneself or offered services
• Advertising for illegal services or substances
• Contact details or links to competing platforms

5.3 Indemnification

You indemnify us from all claims that are asserted against us by third parties due to such violations. This also includes reimbursement of costs for necessary legal representation. This indemnification obligation only exists insofar as you are responsible for the legal violation.

5.4 Data Backup

You are jointly responsible for securing the information uploaded by you. We cannot be held responsible for the loss of your uploaded information, as we do not assume a general data backup guarantee. You are obliged to regularly create backup copies of your important data.

5.5 Duty to Keep Current

You are obliged to keep the content and profile information posted by you up to date at all times. Changes to your contact details, availability or services offered must be updated in the profile immediately. You are obliged to inform us immediately of any abuse of your profile or unauthorized access.

5.6 Abusive Content

Abusive content or profiles will be deactivated or deleted by us without prior notice. Abusive content is given, for example, in the following cases:

• Sending spam or unwanted mass messages
• Sending and storing offensive, obscene, threatening, insulting or otherwise rights-violating content of third parties
• Sending and storing viruses, worms, trojans as well as harmful computer codes, files, scripts, agents or programs
• Uploading programs suitable to disrupt, impair or prevent operation
• Attempt to obtain unauthorized access to our service or to individual modules, systems or applications or to grant this to third parties
• Content with violence-glorifying, pornographic or otherwise offensive or criminal content
• Multiple registrations or creation of fake profiles
• Use of automated systems or bots to use the platform

In case of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.

5.7 Confidentiality and Data Protection

You are obliged to keep secret all business and trade secrets of Scorty that are communicated to you or become known to you during the execution of the contract and that are designated or marked as confidential. The duty of confidentiality also applies after termination of the contractual relationship.

We also commit ourselves to this, insofar as the contractual relationship does not require disclosure to third parties. We are expressly permitted to process the personal data entrusted to us or to have it processed by third parties within the framework of service provision. In the context of a legal dispute, we are entitled to disclose your information to protect our interests even without prior release from the duty of confidentiality. Confidentiality does not apply to information that is generally accessible, published by the other contracting party itself or has become known from third parties.

5.8 Self-Responsibility for Contracts with Users

You are responsible for all contracts that you initiate or conclude with users via the platform. This includes in particular:

• Compliance with all legal provisions, in particular in the field of trade law, tax law and prostitution law (if applicable)
• Proper taxation of all income
• Compliance with health regulations and safety standards
• Independent determination of prices and services
• Performance and processing of agreed services
• Settlement of disputes with users

We are not a contractual partner of the contracts concluded between you and users and have no influence on their content or execution.

5.9 Members' Responsibility for the Legality of Their Activity

(a) Principle of sole responsibility: The member (both as a private individual and within the Manager Plan) is exclusively and unrestrictedly responsible for ensuring that the services offered, the type of advertising and the entire activity comply with all applicable legal provisions. This includes in particular, but not exclusively, the respective national, regional and local laws of the country in which the member is based or offers its services, such as trade law, tax law, prostitution laws as well as other country-specific or municipal regulations (e.g. rules regarding the permitted location of service provision).

(b) No duty of review by Scorty: MADOX GmbH, as a host provider, merely provides the technical platform and does not conduct any legal review of the profiles created by members or the services offered by them for conformity with local legal systems. Listing a country or region on the platform does not constitute any assurance, guarantee or legal advice that the member's activity is permitted there. The responsibility for this review lies solely with the member.

(c) Measures in case of knowledge of legal violations: Should MADOX GmbH gain actual knowledge (e.g. through official notification, court order or substantiated report by third parties) that a profile or an offered service violates applicable law, we are entitled to temporarily block or permanently delete the affected profile or the entire account without prior notice and with immediate effect. A claim for reimbursement of fees already paid is excluded in such a case. The assertion of further claims, in particular the right to immediate termination for cause (pursuant to clause 6.4), remains unaffected.

(d) Indemnification from liability claims: The member undertakes to indemnify MADOX GmbH fully and hold it harmless from all claims by third parties (including authorities) that are asserted against MADOX GmbH due to unlawful conduct by the member (in particular by offering inadmissible services or by violating advertising guidelines). This indemnification obligation expressly includes the costs of necessary legal defense (attorneys' and court costs), administrative fines and other associated disadvantages.

6. Term, Blocking and Termination

6.1 Contract Term

The usage relationship is concluded for the term selected at the time of contract conclusion (1 month, 6 months or 12 months). It begins with the publication of your profile on the platform.

6.2 Cancellation

Cancellation of the subscription is done via your Stripe customer account. Cancellation must be made at least 24 hours before the next billing date to avoid automatic renewal and further debiting. Your profile remains visible on the platform until the end of the paid period.

You can also terminate your profile at any time by deleting it via the usual account deletion routine in your user account. In this case, the usage relationship also ends. A refund of already paid subscription fees does not occur in this case, unless you make use of your right of withdrawal.

6.3 Cancellation by Scorty

We can terminate the contract with a notice period of 14 days at the end of the agreed term. Termination during a running subscription period only occurs for important reasons.

6.4 Immediate Termination for Important Reasons

The right to immediate termination for important reasons remains unaffected. An important reason exists in particular if:

• You have made incorrect or incomplete information at the time of contract conclusion, in particular during identity verification
• You violate legal provisions or these General Terms and Conditions
• You publish prohibited content on the platform
• You repeatedly violate other contractual obligations and do not stop the violation even after a request from us
• You are in default with two consecutive payments in whole or in part
• You use the platform abusively or harm third parties
• Insolvency proceedings are opened against you or the opening is rejected for lack of assets

In case of immediate termination by us, there is no claim for refund of already paid subscription fees.

6.5 Consequences of Termination

Upon termination of the usage contract, your profile and all associated content will be removed from the platform. We are entitled to delete your data after termination of the contract, insofar as no legal retention obligations oppose this.

7. Content Usage and Copyright

By posting content in the database, you grant us the right to use this content for the duration of the contractual relationship for posting and making available in the database and retrieval by third parties, in particular to store, reproduce, make available, transmit and make publicly accessible the content.

This can also be done by or in the form of advertising materials (in particular linking on social networks, use for commercials, use for the own website or also in printed form, etc.) by us or by third parties, provided you have not expressly objected to this. When used for advertising purposes, we will make your profile unrecognizable or obtain your express consent.

Furthermore, we receive the right to modify the content, in particular if it does not meet the above requirements of these conditions or technical adjustments are required.

After termination of the contractual relationship, these usage rights expire. However, we are entitled to continue using already published advertising materials, provided your profile is not recognizable therein.

8. Usability of Services

8.1 Further Development of Service and Availability

We strive to adapt our services to current technical developments. We therefore reserve the right to change the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner taking into account their interests. We are also entitled to interrupt the platform operation partially or completely for the purposes of updating and maintenance within reasonable limits. We do not guarantee the constant availability of the services offered and do not guarantee that the services offered or parts thereof can be made available and used from any location. The statutory warranty right is not affected by this.

8.2 Technical Requirements

The use of the platform requires appropriate compatible devices, an internet connection and a current web browser. It is your responsibility to bring or keep the device in a condition that enables the use of the platform services.

8.3 Technical Access Control

MADOX GmbH reserves the right to restrict technical access to the platform from certain countries or regions at any time and at its own discretion. Nevertheless, responsibility for verifying the legality of one's own activity remains solely with the member (see clause 5.9).

9. Warranty Rights for Services

The statutory warranty rights under Austrian law apply. Should defects in our service become apparent, we are first entitled to remedy the defect. If the remedy fails or is refused, you can demand a reduction in the fee or withdraw from the contract at your choice.

Defects must be reported to us immediately in writing. Obvious defects must be complained about within 14 days of conclusion of the contract.

10. Liability

10.1 Liability for Own Services

We as well as our legal representatives and vicarious agents are liable for intent and gross negligence without limitation. For slight negligence, we are only liable in case of violation of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely. In this case, liability is limited to the foreseeable, contract-typical damage.

10.2 Liability Reservation

The above liability exclusion does not affect liability for damages from injury to life, body or health. Liability under the Austrian Product Liability Act also remains unaffected by this liability exclusion. Liability for guarantees that we have expressly assumed also remains unaffected.

10.3 Data Backup

We carry out regular data backups as part of service provision, but do not assume a general data backup guarantee for the data transmitted by you. You are also responsible yourself for creating appropriate backups of your data at regular intervals and thus preventing data loss. We exercise due care in providing the agreed service and will provide data backup with the required expertise. However, we do not guarantee that the stored content or data you access will not be accidentally damaged or falsified, lost or partially removed.

10.4 Liability for Member Content

As operator of the platform, we are not liable for incorrect information from members in their profiles. A review of the content posted on our platform (in particular regarding the violation of third-party rights) does not take place, insofar as we have no concrete indications of legal violations. However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will immediately review and, if necessary, remove it. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content not originating from us. We merely provide you with our platform.

10.5 No Liability for Contracts between Members and Users

We are not liable for contracts that are initiated or concluded between members and users via the platform. We are not a contractual partner of these contracts and have no influence on their content or execution. In particular, we are not liable for:

• The fulfillment or non-fulfillment of contracts between members and users
• The quality, safety or legality of the services offered or provided
• The accuracy of information from members or users
• Damages arising in connection with the provision of services
• Disputes between members and users

11. Data Protection

The protection of your personal data is important to us. We process your data exclusively on the basis of legal provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act.

Detailed information about the type, scope and purpose of data processing as well as about your rights can be found in our privacy policy at www.scorty.eu/de/datenschutz.

By using our platform, you consent to the processing of your data in accordance with our privacy policy. You can revoke this consent at any time with effect for the future.

12. Final Provisions

12.1 Jurisdiction

For all legal disputes arising from this contractual relationship, the place of business of MADOX GmbH in Wolfsberg, Austria, is agreed as the place of jurisdiction, insofar as you are an entrepreneur, a legal entity under public law or a special fund under public law.

If the contractual partner is a consumer, the consumer's place of residence is decisive for actions against the consumer. For actions by the consumer against us, the consumer can choose between our place of business in Wolfsberg and their own place of residence.

12.2 Place of Fulfillment

For entrepreneurs, the place of business of MADOX GmbH in Wolfsberg, Austria, applies as the place of fulfillment, unless a different regulation has been made. For consumers, the place of fulfillment is determined by legal provisions.

12.3 Choice of Law

Austrian law applies to the exclusion of the UN Sales Law and international private law. For consumers with habitual residence in another EU member state, this choice of law does not result in the consumer being deprived of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

12.4 Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected.