Termos e condições

You agree to these Terms of Use when you register with the T4T App or when you confirm these Terms of Use in any other way.

Legal validity and priority of the Swiss-German version:

The translation of the Swiss-German legal text into another language is purely for information purposes for international (foreign-language) customers. In the event of questions of interpretation and in cases of doubt, the Swiss-German version shall always take precedence and be legally valid.

Terms of use for all users

introduction

These "Terms of Use for All Users" apply to all users of the T4T app and are part of your agreement with us - please read them carefully.

T4T App is a digital online platform (or software) that allows users to discover and interact with other users.

Users may be able to publish and discover content. Certain users (creators) may be able to offer content and certain users (discoverers) may be able to acquire access to or rights to such content against payment, so that these users enter into a separate agreement.

Certain users (Adventurers) may be able to request and book services from certain users (Performers), which may be offered or provided, so that these users enter into a separate agreement.

definitions

"Adventurer" refers to a user who has an Adventurer account and uses the functions of this Adventurer account.

"Adventurer Account" means an extended user account that may enable the user to request or book non-digital services from performers via the T4T App that are performed outside the T4T App.

Adventurer-Performer Transaction" means the matching of a permissible declaration of intent by a Performer (usually to provide a service outside the T4T App) with a permissible declaration of intent by an Adventurer (usually to pay for it) expressed via the T4T App.

"Registration" (also referred to as "login" or "sign in" or "log in" or "sign up") refers to the successful access to the user area of an existing user account by entering the login information via the corresponding form under the app URL and clicking the button (e.g. "Sign in") to trigger the sending of the login information to us.

"Login information" is the data you use for registration or login, such as e-mail address and password or, if applicable, telephone number and password or user name and password.

"App URL" refers to the Internet address "https://app.titt4tat.com".

"Creator" (also referred to as "Creators" in the plural or genitive) refers to a User who has a Creator Account and uses the functions of this Creator Account.

"Creator account" refers to an extended user account that may enable the user to use functions to make extended content available (i.e. more than just basic profile information and profile photos), to offer this content to other users and to provide access to it or grant rights to it in return for payment.

"Discoverer") means a user who has a Discoverer account and uses the functions of this Discoverer account.

"Discoverer-Creator Transaction" means the matching of a permissible declaration of intent of a Creator (usually to grant the Discoverer access or rights to content) with a permissible declaration of intent of a Discoverer (usually to pay for it), which are expressed via the T4T App.

"Explorer Account" means an extended user account that may enable the user to access Creators' content (e.g. against payment) or to acquire rights to content.

"Content" (also referred to as "Contents" or "Content") means any digital material that Users upload, create or otherwise make available in the T4T App, e.g:

images (such as photos, GIFs, stickers, memes); and
videos (such as video files, webcam, live streams), and
sound material (such as audio files, audio tracks in videos, voice messages); and
text (such as text messages, text files, comments, hashtags, usernames, profile information, profile descriptions, emojis); and
functions (such as impressions, reactions, likes, reposts, following profiles, or granting other users in the T4T App access to interactions with users or user profiles, including these interactions); and
other data or properties of content (such as metadata, file types, file formats, any chats)

"Click" (also referred to as "click") means triggering the effects of a web element in any way, such as pressing a button on a computer mouse or keyboard, or touching a touch screen, or voice control, or executing code.

"Titt4Tat" (also referred to as "we", "us", or "our") refers to the company "Shachi AG", which operates the T4T app and the T4T website.

"T4T Website" refers to the internet page that is available via the Website URL.

"Website URL" refers to the Internet address "https://www.titt4tat.com".

"T4T App" means our digital platform, which is available via the App URL, or by using the software (e.g. native application or browser application), which can be downloaded:

where we refer to "Get the app", or "Download now", or "Download the app", or similar wording on the T4T website or in the T4T app; or

where we display a common download icon on the T4T website or in the T4T app; or

when visiting the app URL, using the corresponding browser function (e.g. in the browser menu), to install or add to the start screen (or desktop).

"User" (also referred to as "User" where applicable) means a person (or, where applicable and consistent with the Terms of Use, a company) who uses or accesses the T4T App, e.g. by registering or logging in, or by using web elements of the T4T App. In our Terms of Use, the pronouns "you", "yourself", or "your" refer to you in your role as a user.

"User account" (also referred to as "user account" where applicable) refers to the digital area within the T4T App that is assigned to a user after successful registration and which this user can then access by logging in. A user account contains information about the user and enables the user to use basic functions of the T4T app and configure basic settings.

"User profile" (also referred to as "user profile" or "profile") refers to the digital interface of a user account, which can also be made visible to other users who do not have the login information for this user account. The user profile contains information about the user and any content of the user that the user (and in some cases also other users, e.g. in the case of ratings and comments) can determine within the scope of the T4T app, e.g. personal information, descriptions, photos, and possibly other information.

"Terms of Use" (also referred to as "Your Agreement with Us") is the entire legally binding and legally enforceable agreement that you enter into with us when you register with the T4T App or when you otherwise accept the Terms of Use. The Terms of Use govern your and our rights and obligations in connection with your use of the T4T App. The Terms of Use consist of the following components:

Terms of use for all users;
Terms of use for explorers;
Terms of use for Creators;
Terms of payment for explorer-creator transactions;
License policy;
Terms of use for adventurers;
Terms of use for Performer;
Guideline for permissible use;
Privacy Policy;
Complaints policy;
Conditions of the Platform-to-Business Regulation.
Terms of payment
Privacy Policy

Membership" (also referred to as a "premium account" or "account upgrade") refers to an extension of the user account for the respective type of user account, usually subject to a fee. A membership enables the user to use extended functions or to remove certain functional restrictions.

"Performance" (referred to in the plural as "Performances") refers to the non-digital service that is requested or booked by an adventure and possibly provided by a performer outside the T4T app. Performances are not content, but can serve the purpose of creating content.

"Performer" refers to a user who has a Performer account and uses the functions of this Performer account.

"Performer Account" means an extended user account that may enable the user to offer non-digital services via the T4T App that are provided outside the T4T App.

"Registration" (also referred to as "register" or "sign up") refers to the successful creation of a user account in the T4T App by providing login information for the first time via the corresponding form under the App URL and clicking the button (e.g. "Register") to trigger the submission of the login information to us."

"Standard Adventurer-Performer Contract" means the contractual agreement that is automatically and exclusively entered into between the Adventurer and the Performer and comes into force as soon as an Adventurer-Performer Transaction comes into existence and sets out the rights and obligations for that Adventurer-Performer Transaction. Titt4Tat is not a party to the standard contract between explorer and creator.

"Standard contract between discoverer and creator" is the contractual agreement that is automatically and exclusively concluded between discoverer and creator and comes into force as soon as a discoverer-creator transaction comes into being and defines the rights and obligations for this discoverer-creator transaction. Titt4Tat is not a party to the standard contract between Discoverer and Creator.

"Transaction Consideration" (as further described in Section 10) means the consideration of the Creator for the payment of a Discoverer agreed under a Discoverer-Creator Transaction; or the consideration of the Performer for the payment of an Adventurer agreed under an Adventurer-Performer Transaction.

"Web element" means a digital object or a digital function of the user interface (whether visible or invisible) of the T4T App with which users can interact directly (e.g. actively, passively, peripherally, visually, acoustically or otherwise) in order to trigger effects (e.g. start, stop, change or continue digital processes). Web elements are, for example, buttons, checkboxes, radio buttons, sliders, dials, menus, lists, input fields, selection fields, movable objects, pop-up windows, scroll bars, icons, media elements or other interactive objects.

"Permitted area" means the functions, areas or data that users may access or use based on the authorizations they have received from the user or the operating system.

registration and user account

3.1 You warrant (i.e. you give us a legally enforceable promise) that you will not register or log in to the T4T App or use the T4T App in any way if you:

you are not at least 18 years old; and

you are not at least of an age that allows you to enter into a legally binding contract with us under the laws of your place of residence and domicile; and

already had a user account with T4T App that was terminated or blocked because you violated our terms of use or the law.

3.2 Before using the T4T App, you must successfully complete the registration process and confirm the activation link that we will send to the e-mail address or telephone number you have provided. You may also need to set up multi-factor authentication and provide other information that we may request with legitimate interest.

3.3 Registration is free of charge, but we may refuse your registration without giving reasons and for this purpose block or delete your user account even after registration.

3.4 Information you provide when registering and setting up your user account must be truthful, e.g. e-mail address, telephone number, date of birth, gender, location, reason why you want to use T4T App, and all other information.

3.5 If you lose access to your user account, you can reset your password, but to do so, you must know the e-mail address (or telephone number) that you have provided as login information. Otherwise, you may have to provide us with a copy of your ID card, photos and possibly other information that we need to prove your identity in order to give you access to your user account again.

3.6 You may have the option of expanding your user account for certain purposes, e.g. Creator account, Explorer account, Adventurer account or Performer account. You can see whether you have such an extended account in your user account or in your user profile if you can see there that you are a Creator, Explorer, Adventurer or Performer, e.g. under "Account type", "Role", "User type" or similar.

3.7 Each extended user account type is essentially a normal user account and only adds additional functions to your normal user account. This means that all provisions in our Terms of Use that relate to your user account apply equally to all extended user account types that you should have, e.g. deletion, blocking, access, verification, obligations, etc.

3.8 If you want to set up a specific user account type but cannot find an option to do so in your user account, it is possible that certain user account types are not permitted for your existing user account type. If in doubt, you can contact support@titt4tat.com with your request. However, we are not obliged to provide you with extended user account types.

notifications

4.1 For any notification that we are required to provide under applicable law and/or under your agreement with us ("Essential Notification") and for any notification that is of legitimate interest to you or us ("Important Notification"), we may use any of your contact details and any contact channels that you provide in your registration information and (if applicable) in your user account.

4.2 You can completely (or partially) unsubscribe from those notifications that are not Essential Notifications or Important Notifications, e.g. advertising.

4.3 We may, in our sole discretion, allow you to decide how we may contact you for which types of notifications.

4.4 If you are in default of payment to us (for whatever reason), or if you have to fulfill guarantees made to us, or if we want or have to assert claims against you or enforce our rights against you, we may (insofar as this is permissible and could be useful for resolving these matters) use all data and channels available to us and, if necessary, obtain further data in order to contact you.

your assurances to us

You guarantee (i.e. you give us a legally enforceable promise) that:

5.1. all information you provide to us is true and complete and up to date, and that we can contact you using the contact details you provide to us and that you read notifications we send you; and

5.2. you are the owner of the information you provide to us, i.e. you must not provide any third party data, in particular in relation to civil names, contact details, payment information, and other personal data; and

5.3. all data in your login credentials meet the technical requirements, and that you have never used and will never use the password in your T4T App login credentials for any purpose other than to register or log in to the T4T App; and

5.4. you promptly update information you have provided to us as soon as it changes, e.g. contact details and other personal data; and

5.5. you promptly notify us of any new information and circumstances relevant to your agreement with us; and

5.6. you consent to the storage and processing of your personal data in accordance with our Privacy Policy; and

5.7. you keep confidential, protect and do not disclose to third parties your password, and the assignment of your login information to your user account, and any authentication codes and links, and any other security-related information; and

5.8. you contact us immediately via support@titt4tat.com if you believe or there is evidence that someone has used or is using your User Account without your permission or if your User Account is or has been subject to any other security issue; and

5.9. you are careful when accessing your User Account from a public or shared device or network by logging out of your User Account when you leave the device so that others cannot access, view or record your login credentials and other personal information; and

5.10. You accept that you are solely responsible for all activities on your User Account, even if someone else uses your User Account in violation of the Terms of Use; and

5.11. you will at all times fully comply with our Terms of Use and all parts thereof that apply to you and all applicable laws in relation to your use of the T4T App; and

5.12. you provide us, where we have a legitimate interest to do so, with information and records about your age and place of residence, as well as the age, place of residence and consent of any individuals depicted in your content; and

5.13. You understand and use the T4T App only as a technical platform for the sole purpose of facilitating your actions through the functions of the T4T App; and

5.14. you will notify us immediately by email to support@titt4tat.com if you become aware that any user is in breach of our Terms of Use or any applicable law when using the T4T App, or if any person or company who is not a user of the T4T App but who is carrying out or is involved in any unlawful or harmful activity in relation to the T4T App or us; and

5.15. you own at all times all rights to all of your Content that are necessary for the Content and the rights to the Content to be used lawfully in any manner and to the full extent of the applicable parts of the Terms of Use and your actions in connection with the T4T App, i.e. without infringing the rights of third parties and our rights.

5.16. you will not provide false information about the T4T App to any third party (including other users of the T4T App), in particular in relation to permitted and unauthorized use in accordance with our Terms of Use and applicable laws; and

5.17. you will not initiate any unjustified payment refunds or unjustified chargebacks of credit card payments, and will always contact support@titt4tat.com and wait at least 48 hours for our response before initiating a refund or chargeback, and that you agree to us suspending or deleting your User Account should we become aware of any breach; and

5.18. You will not provide other users with contact details of any kind, with the exception of physical addresses, insofar as these physical addresses are the place of fulfillment for performances from Adventurer-Performer transactions.

your personal legal responsibility

6.1 You may not use the T4T App on behalf of any third party, nor on behalf of any company (whether as an employee, agent or otherwise), nor as a company, nor may any agent, agency, manager or other third party access, use or assist in the operation of your user account. T4T App only permits personal use.

6.2 By using the T4T App without the permission described in section 6.1, you acknowledge that:

you use the T4T app exclusively as a private individual; and

you as a private individual are bound by our Terms of Use; and

You, as an individual, have sole personal legal responsibility and liability for any acts and omissions in your User Account (whether undertaken by you or by third parties) and in particular with respect to compliance with our Terms of Use and applicable laws.

6.3 You acknowledge that when you click on a web element in the app or when you enter information and confirm or send it by clicking on the corresponding web element (i.e. the processing of this information including storage, and, if applicable, modification and transmission to third parties), you make a legally binding declaration of intent that may trigger a legal consequence. transmission to third parties), you make a legally binding declaration of intent that can trigger a legal consequence. With each of these legally binding declarations of intent, you agree that you:

may trigger effects that you expect and/or do not expect; and

may not anticipate the nature or extent of any effects you trigger (whether technical, legal, financial, personal, public, temporal, spatial, irreversible and/or otherwise); and

not all effects that are actually intended to be triggered may be triggered; and

the same or similar web elements may not always trigger the same or similar effects; and

accept all consequences (including obligations, damages and losses) of the triggered (or non-triggered) effects and assume responsibility (including liability) for all such consequences.

6.4 The provisions of Section 6.3 shall apply to the extent that they are not legally impermissible and, to the extent permitted by law, shall be limited to a scope and minimum of possible effects that cannot be excluded, taking into account the terms of use and applicable law, customary industry practices, force majeure, slightly negligent technical and human error, and with the use of expenses that are in reasonable proportion to our available resources.

6.5 You agree that unless you are prepared to accept full responsibility for any risks arising from your lack of knowledge of the effects of a Web Element, you will take care to reduce those risks by not including content that may pose a risk to you and by not committing to pay any amounts that you are not prepared to pay solely for obtaining knowledge of the effects of the Web Element.

rights we have, including blocking or terminating your user account

7.1 We are not obliged to, but may moderate and review your content to check your compliance with the Terms of Use (in particular our Acceptable Use Policy) and applicable laws.

7.2 If we suspect that your content or behavior violates our Terms of Use or applicable law, we may block access to your content in the T4T App and, if necessary, to your user account. If we block access, you can request a review of our decision by notifying us of this request by emailing support@titt4tat.com. After investigating our suspicions, we may take any action we deem appropriate, such as restoring access or permanently removing or disabling the content or deleting and blocking your user account, without your consent and without notifying you in advance.

7.3 You agree to provide us, at your own expense, with all reasonable assistance and information (including copies of any documents requested by us) in our investigation without undue delay. We will not be liable for any damages or losses you suffer as a result of our taking steps in good faith to investigate any suspected infringement or illegality of your content or conduct or to prevent or mitigate any risk to us or other users.

7.4 If we block access to your content or your user account or delete or deactivate your content or your user account, we may inform you of this, but we are not obliged to do so.

7.5 We reserve the right to terminate your agreement with us and your access to the T4T App at our sole discretion if we have given you at least 30 days' notice, but we may also terminate without notice if:

we have information that indicates that you have breached a material provision or repeatedly breached our Terms of Use, or if you attempt, announce or threaten to breach our Terms of Use; or

you take, initiate or announce measures that could cause damage to us or other users of the T4T app (e.g. to your reputation), or if we have information that indicates that such damage has already been caused by you.

7.6 After the closure of your user account (e.g. as a result of termination, suspension or deletion), we may treat your content in an appropriate manner (e.g. in accordance with our Privacy Policy and, if you are a Creator, also in accordance with our Creator Terms of Use) and you will no longer be authorized to access your content, regardless of whether we still store (or are required or permitted to store) content or not.

7.7 We may investigate any suspected violation by you of our Terms of Use or applicable laws in connection with your use of the T4T App and may also cooperate with authorities (e.g. in government investigations), and we may (or may be required to) disclose information about your use of the T4T App (including personal data, if applicable) to authorities for such purposes, to the extent permitted and required or ordered, and to our legal advisors or lawyers to protect or defend our legitimate interests.

7.8 Except for those rights in User Content that are not granted to us, all rights in the T4T App and all of its content, features, programs, databases, designs and source code are owned by us (and where applicable, our licensors). All of these aspects are or may be protected by trademark rights, copyrights, trade secrets and other intellectual property rights.

7.9 We are the sole and exclusive owner of all anonymized or pseudonymized data related to your use of the T4T App and this data may be used for any purpose at our sole discretion, including for commercial purposes and development or research purposes.

7.10. You agree that whenever we are entitled to delete your user account or terminate your agreement with us, we also have the right to permanently exclude you from the T4T App and deny you the creation of new user accounts, e.g. by blocking your IP address or by encrypting photos that you should try to upload with a new user account with encrypted photos from your previous profile, or other justified measures that are suitable to protect us and other users.

for which we are not responsible in particular

We endeavor to provide the T4T App with reasonable care and skill, but there are aspects for which we are not responsible, including the following:

8.1 We do not grant you any rights in relation to Content. Rights can only be granted to you by Creators to Content, and these rights in no way relate to the T4T App.

8.2 Your content may be viewed by persons who know your identity. We will not be liable to you in any way if you are identified from Your Content. Although we may, from time to time and in our sole discretion, offer so-called "geofencing or geolocation technologies" on the T4T App, you understand and agree that we do not guarantee the accuracy or effectiveness of such technologies and that you will not make any claims against us arising from your use of or reliance on geofencing or geolocation technologies.

8.3 All content is created, selected and provided by users and not by us. We are not responsible for reviewing or moderating content and we do not select or modify content stored or transmitted via the T4T App, unless stated elsewhere in the Terms of Use. We have no obligation to monitor content or detect violations of the Terms of Use (including the Acceptable Use Policy).

8.4 You agree that you are under no obligation to follow any suggestions, comments, reviews or instructions you may receive from any other user of the T4T App and if you do so, you do so at your own risk.

8.5 We make no representations or warranties of any kind that you will earn any particular revenue (or any revenue at all) from your use of the T4T App.

8.6 We make no representations or warranties as to the accuracy of any information or materials available on the T4T App or that users will obtain any particular result from the use of such information or materials.

8.7 We cannot guarantee that the T4T App is compatible with all devices and operating systems. You are responsible for selecting and configuring the information technology, devices and computer programs with which you use the T4T App. You should also always use suitable and up-to-date virus protection software.

8.8 We are not responsible for the availability of the internet and the internet connection between your devices and ours, either on your part or on our part or anywhere in between.

8.9 We make reasonable efforts, but cannot promise that the T4T App is secure and free of erroneous data and software (such as bugs), as we do not have sufficient control over the content and data provided by users and the devices and software they use with the T4T App.

8.10. We are not responsible for lost, stolen or compromised user accounts, login credentials or email accounts, nor for any resulting activities, such as unauthorized payments, withdrawals, user interactions, reputational damage, copyright infringement or any other consequences, and we are not liable for any damages or losses arising therefrom. You are responsible for keeping your passwords secret and for taking appropriate measures to ensure this (e.g. checking secure connections, using strong passwords and changing passwords regularly).

8.11. You acknowledge that once your content has been published on the T4T App, we have no control over the use of that content by other third parties and are not liable to you in this regard. You may delete your user account at any time (subject to the account deletion provisions in the Terms of Use), but you acknowledge that the mere deletion of your user account is not sufficient to prevent the distribution of content that may have been previously copied or recorded by third parties.

8.12. We have no control over what information is published or disseminated through the content of users. We do not have to monitor or censor our users' content. You are responsible for the legality of your content and its effect on other users. By using the T4T app, you bear the full risk if you come into contact with content that is not lawful, not compatible with your values, or that you find disturbing or harmful.

8.13. We are not obliged to describe in detail all intended and possible effects that each web element triggers or may or may not trigger, and in particular not if users themselves have an influence on which effects a web element triggers. We are not obliged to do so, but we can try to describe the effects of web elements (e.g. via an info button or in the terms of use, in the help section or in the FAQ on the T4T website), but such a description does not constitute legally binding information, but merely serves as a rough and legally non-binding orientation.

8.14. If you are in arrears with payments for a membership or for other claims we have against you, we may initiate dunning or enforcement proceedings against you in order to settle the amount due (plus reminder fees and default interest of five percent p.a. if applicable).

membership

9.1 We may offer you the opportunity to purchase a membership for your user account with the T4T App, which (unless based on a special discounted or free offer) is subject to a fee.

9.2 Membership gives you access to extended functions for the type of your respective user account or deactivates restrictions that may exist without membership, for example (where applicable): being able to publish more or different content, being able to follow more users, being able to be found better by other users, no longer being shown advertising, being able to use more filter criteria, being able to use functions for editing content, being able to use functions for the automation of chats and for chat rules, being able to send or receive more booking requests, lower technical service fees, removal of restrictions on certain interactions, being able to see who has visited your user profile, and possibly further or other functions. lower technical service fees, remove restrictions on certain interactions, see who has visited your user profile, and possibly other functions.

9.3 You will find a detailed description of the benefits of membership and the respective prices, for example, when you select a membership before you order and pay for it.

9.4 As a rule, memberships are designed for a certain duration, i.e. you must place a new order before the expiry of this duration in order to maintain the membership. However, we may, at our own discretion, offer to automatically renew memberships, e.g. if you allow us to use certain payment methods to debit the amounts due to renew a membership.

9.5 All prices for memberships are net and are subject to the applicable sales tax and VAT laws.

object of the transaction

10.1 Transaction object for discoverer-creator transactions:

We may offer users of the T4T App various options for making content available, offering content for use, consuming content, accessing content or acquiring rights to content (hereinafter referred to as the "Portfolio"). Those opportunities in the Portfolio that a Creator is to make available to a Discoverer as part of a mutually agreed Discoverer-Creator transaction are referred to as the "Transaction Item". Our Portfolio may change or become more or less extensive from time to time. We will attempt to tailor the nature and scope of the Portfolio to the needs of our users, but we are under no obligation to offer, maintain or add any particular capabilities to the Portfolio.

The nature and scope of a Transaction Item is determined by the information that is made available to a Discoverer prior to entering into a specific Discoverer-Creator Transaction. However, this information must always be understood in the context of the Terms of Use, and where contradictions arise from this, the Terms of Use shall always prevail.

The following options (if available in the T4T app) could, for example, be part of the portfolio and possibly become a transaction item:

"Subscriptions" grant access to or use of content (and any associated rights) for a certain period of time (at least one day, but usually for a week or a month), which can be extended manually or automatically on the basis of recurring payments or advance payments. Subscriptions may have different transaction objects, such as all or certain content or functions of a user profile, or all content in a certain topic from different user profiles, possibly including filters, e.g. for certain types of content such as videos, photos, audio files, functions or texts. If Discoverers subscribe to themed content bundled by undefined Creators, the payment of the Discoverer is distributed to these Creators (e.g. via distribution keys based on playback times and ratings of the content).

"Purchase" means the one-off payment for access to or use of a specific content or function or a content or function bundle (and any associated rights) for a specific or indefinite period of time.

"On-Demand" means the purchase of personalized content from a Creator who produces this content specifically for a Discoverer or a limited number of Discoverers, e.g. at the request of this Discoverer or these Discoverers.

An "auction" takes place when different Explorers can outbid each other in the price they are willing to pay for a purchase or subscription, and only the highest bidder or a certain number of highest bidders completes the purchase or subscription. Auctions can also take place in real time ("live auction"), e.g. if there are several explorers watching a live stream, but only the highest bidder(s) is/are given access to the auctioned live content in a separate area.

"Crowd funding" refers, for example, to the purchase of existing content or access to a function by several paying users and may only be completed once a certain minimum amount or a certain deadline has been reached. If a minimum amount must be reached within a certain period but is not reached in time, no payment, no purchase and no access will be made, or these will be refunded.

"Challenge" refers to the combination of on-demand and crowd-funding, in which a creator is offered payment of an amount for the production of individualized content by a discoverer in the T4T app publicly or within the framework of the creator's follower community, and other discoverers can join in with additional amounts. After a deadline has passed, the creator can decide whether or not to produce the customized content for the final collective amount. All payers receive access (or rights) to the content after completion of the content (possibly in proportion to their paid amount to the total collection amount). Challenges can also take place in real time ("live challenge"), similar to the live auction.

"Licenses" allow a Creator to individually or specifically design the rights to be granted to a Discoverer in a Discoverer-Creator transaction. For example, a Creator may grant not only rights to access content, but also rights to store, edit, publish, sub-license or re-license, monetize, and possibly exclusive or regionally restricted rights, or possibly also rights that may be exercised on platforms other than the T4T App. In principle, our license guidelines must also be observed for this purpose.

"Royalties" means, on the one hand, (i) the possibility that either the Creator will receive a percentage of the revenue that Discoverers may earn by exercising rights to Content that they have previously acquired from the Creator; and, on the other hand, (ii) the possibility that Discoverers will receive a percentage of revenue from Content that the Creator earns after the Discoverer has acquired the Creator for the right to share in the revenue.

"NFTs" are described in more detail in section 12, but may also be linked to licenses and license fees.

10.2 Transaction object for adventurer-performer transactions:

For Adventurer-Performer transactions, the subject matter of the transaction is the Performer's performance, which is agreed separately between the Adventurer and the Performer without our involvement. The performance, the subject matter of the transaction and any efforts to describe, negotiate and agree on a performance and all aspects related thereto are all limited by all provisions of the Terms of Use and the Standard Contract between Adventurer and Performer that directly or indirectly relate to the permissibility of the nature and scope of the performance and the permissible aspects.

Any statements or alleged declarations of intent by users which are outside these restrictions therefore do not constitute declarations of intent, as they are neither intended to trigger a legal consequence in accordance with these Terms of Use and the users' agreement to these Terms of Use, nor are they understood by the users as declarations of intent.

Any supposedly deviating declarations of intent that are outside the permissible area, due to the aforementioned restrictions to the permissible area, are also not to be understood and treated as deviating declarations of intent, as they do not in themselves constitute declarations of intent. This means that an adventure performer transaction is concluded irrespective of statements outside the permissible area, provided that the declarations of intent within the permissible area correspond.

Any declarations of intent and adventure performer transactions are legally non-binding and we are in no way involved in any (alleged) declarations of intent.

Explorers and Creators enter into Adventure Performer Transactions at their own risk of not receiving any consideration and are responsible for taking appropriate measures before and during the performance not to provide any consideration themselves without ensuring that they receive any consideration.

In all other respects, Transaction Items and Adventure Performer Transactions are governed by our Performer Terms of Use and our Adventurer Terms of Use; and, with respect to that agreement which is solely between the Adventurer and Performer, by the standard contract between the Adventurer and Performer. We are in no way a party to or otherwise involved in the standard contract between Adventurer and Performer.

linking and domains

11.1 You can link to the T4T website and the T4T app, provided that:

You do so in a fair and lawful manner and not in any context (including harmful or illegal websites) that lends itself to or gives the impression of harming or seeking to harm our reputation; and

that information is truthful, which you should provide in connection with the link, and does not clearly convey that it is your opinion (or the opinion of a third party) or could give the impression that it is factual; and

it does not imply our approval of, or association with, or endorsement of, the website (or user profile) on which you are linking, or the company or person or entity as which you are linking, or the link itself; and

that you do not violate our terms of use or the general terms and conditions of the website on which you are linking; and

that you will not use Google Ads or similar advertising platforms or search engine advertising services in connection with the linking; and

You link directly to our app URL or our website URL and not indirectly via other links or masked links (e.g. from link aggregators).

11.2 Linking from the T4T App: If the T4T Website or T4T App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Such links should not be construed as an endorsement of the linked websites or information you obtain there. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to, or use of, such sites or resources. If you decide to access any of the linked third party websites via the T4T Website or T4T App, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

11.3 Domains: You will use domains or sub-domains that contain the T4T App trademark, Titt4Tat trademark or a confusingly similar term:

a) neither register nor set up, unless you are a Creator who (in accordance with the Terms of Use for Creators) meets the relevant requirements; and
b) if they do not lead directly to the T4T app or the T4T website, or if you are aware that they were registered or created without our permission.
non-fungible tokens (NFTs)

12.1 We may offer you the ability to hold, purchase, trade, create, offer and sell non-fungible tokens (NFTs) via the T4T App, and decide in our sole discretion which software you can use for this purpose (e.g. the type of crypto wallets).

12.2 Here we give you the opportunity to decide whether the content you link to the NFTs should be decouplable or permanently (i.e. irreversibly) linked to the NFTs, and on which technical systems (e.g. blockchains or other distributed systems) these NFTs should be available.

12.3 You recognize that these NFTs are not financial products, but merely digital vehicles that can carry and move art in the form of content.

12.4 You agree that we may at any time unlink content from NFTs that you have created or own, where technically possible, and where we have justifiable grounds to do so, for example, if you breach or have breached the Terms of Use or applicable laws, or if the NFT or the content to which the NFT is linked is not, or is no longer, compliant with applicable laws or our Terms of Use.

12.5 You assume full responsibility and liability for any actions you take in connection with NFTs and for any damages and losses you incur in connection with NFTs, and indemnify us against any claims in this regard, including but not limited to loss of value, loss of NFT trading, irreversibly linked content to NFTs, decoupling of content from NFTs, transactions to incorrect wallet addresses, and loss of NFTs (e.g. due to loss of wallet keys, or compromising of wallets or signing of transactions not directly with our wallets or smart contracts).loss of wallet keys, compromise of wallets, or signing of transactions that do not take place directly with our wallets or smart contracts).

12.6 If you use functions in connection with NFTs, you also agree to the provisions of Section 10 "Crypto Wallet" of the Terms of Payment for Discovery Creator Transactions.

exclusivity of the user group for the purpose of use

13.1 To the extent permitted by law, you warrant (i.e. you give us a legally enforceable promise) that you will not enter into legal transactions outside the T4T App with users you have found or interacted with in the T4T App that are similar to a Discovery Creator Transaction, nor will you attempt to initiate such legal transactions with such users outside the T4T App.

13.2 The provisions in Section 13.1 are subject to specific or individual exceptions, insofar as these exceptions were granted via rights that conform to the Terms of Use in the context of Creator Discovery Transactions.

13.3 You understand and acknowledge that T4T is neither a pure contact database nor an advertising platform, and that you may not use the T4T App for such abusive purposes that harm us in that you use connections with users that arise via the T4T App or information about the existence of users or their offers that you learn about via the T4T App, but which you use outside the T4T App to avoid costs for products or services that you could receive or book from users via the T4T App. services that you could receive or book from users via the T4T App.

13.4 You understand and acknowledge that if you use T4T for abusive purposes as described in Section 13.3 or circumvent the T4T App in the manner described therein, this will result in both lost profits for us, which are necessary to maintain and improve the operation of the T4T App, and losses due to reduced coverage of costs that we have incurred in advance to enable you to make the connections to users or information about the existence of users or their offers referred to in Section 13.3 at all.

13.5 You agree that we may record the existence of connections or interactions between users, i.e. that we may document when you visit a user profile or otherwise interact with a user.

13.6 You agree that if we receive and/or independently obtain information that indicates or proves that you have used the T4T App for improper purposes within the meaning of section 13.3:

we may block or delete your user account; and/or

You will provide us with all available details about your misuse and (if possible) the misuse of the other user involved; and/or

we may charge you (to the extent permitted, and to the extent measurable or estimable) for any damages or losses (including loss of profit) incurred by us as a result of your misuse or offset them against any credit you may have in your user account in the T4T App.

13.7 If you require exceptions to section 13.1 other than those described in section 13.2, please contact support@titt4tat.com, stating your reasons, so that we can review your request and approve or reject it.

14 How do I delete my user account?

14.1 If you wish to delete your T4T App user account, you can initiate the deletion process by sending an email to support@titt4tat.com and informing customer service that you wish to have your user account and all associated content and data deleted. Alternatively, you can (if such a function is available in your user account) initiate the deletion of your user account via the corresponding function in the settings of your user account. As soon as you have initiated the deletion process, the deletion will take place if

You are a Discoverer, within a reasonable time after your request, but no later than 30 days after your request.

You are an adventurer or performer as soon as there are no more dates outstanding from confirmed booking requests.

You are a Creator as soon as no more subscriptions and payments from Discoverers are open and provided that all requirements for deletion under the Terms of Use are met.

several user types apply to you as soon as all of the aforementioned deletion criteria are met, insofar as these apply to your user types.

14.2 As soon as your user account has been deleted, all subscriptions that you have purchased will be automatically terminated and you will no longer have access to your user account and your content or any content that you may have purchased. You will receive a notification once your user account has been successfully deleted.

14.3 After deletion of your user account, we may deal with your content in accordance with the provisions of section 7.6.

changes to the T4T app and the terms of use

15.1 In the following circumstances, we may change any part of the Terms of Use without prior notice to you:

to comply with changes in laws and regulatory requirements that affect any aspect of the T4T App, or your use of the T4T App, or your agreement with us, unless they allow us to notify you of the changes in advance or at all; and

to prevent or mitigate an unforeseen and imminent threat to Titt4Tat, the T4T App, the T4T Website, or the users of the T4T App, e.g. fraud, malware, spam, data breaches or other cybersecurity risks.

15.2 Otherwise, we will inform you in good time of any changes to the Terms of Use that affect you and you can then contact us by email at support@titt4tat.com to terminate your agreement with us before the changes come into force. If new Terms of Use have come into force and you continue to use the T4T App, you will be deemed to have accepted the new Terms of Use

15.3 We may update and change the T4T App from time to time for any reason, including to reflect changes to our services, users' needs and our business practices, or to improve performance, enhance functionality or address security issues. We will try to provide you with timely notice of material changes.

15.4 We do not guarantee that the T4T App or the content contained therein will be available or accessible at all times or without interruption. We may suspend, withdraw or restrict the availability of the T4T App in whole or in part for business or operational reasons and will try to notify you in good time if this affects you.

16 Who is liable for loss or damage?

16.1 Regardless of whether you use T4T App privately or commercially, we do not limit or exclude our liability to you to the extent that it would be unlawful to do so, e.g. personal injury arising from negligence by us or our subsidiaries, employees, owners, agents and representatives (hereinafter referred to as "agents"), fraud and fraudulent misrepresentation.

16.2 If you use the T4T App as a private individual, you agree that we and our agents will not be liable to you (to the extent permitted by law) for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity or loss of anticipated savings that you may suffer in connection with your use of the T4T App. If you are a resident of the United States of America, our liability to you (to the extent permitted) is also limited to 250 US dollars per claim.

16.3 If you use the T4T App as a business user, you agree that we and our agents (collectively referred to in this section as "we" or "us") may, when, where and to the extent permitted by law:

exclude all implied conditions, warranties, representations or other terms that may apply to the T4T App or its content. This means that if the Terms of Use do not contain an express promise or obligation on our part, it cannot be implied; and

not be liable for any loss or damage which is not a foreseeable consequence of a breach by us of the Terms of Use, or a failure by us to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious or if both we and you knew at the time you agreed to the Terms of Use that it might occur; and

not be liable for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise, and even if foreseeable) arising out of or in connection with your inability to use the T4T App or the services, features or programs available through the T4T App or to rely on any information (including content) stored on or available through the T4T App; and

in particular not liable for:

lost profits;
Loss of sales, business or turnover;
Operational failure or interruption;
Loss of expected savings;
Loss of business opportunities, goodwill or reputation;
Loss of data or information (including content);
indirect damages or losses; and
consequential damage or loss; and

shall not be liable for any loss or damage caused by a distributed denial-of-service attack ("DDoS attack"), viruses, malware, Trojan horses, ransomware or other harmful data, attacks or accesses of an information technology nature, insofar as these arise in connection with your use of the T4T App or with the services, functions, programs or information (including content and the downloading of content) available through the T4T App.

not be liable if your content is copied, published, distributed, falsified or otherwise used without authorization (e.g. copyright infringement) by third parties (e.g. other users); and

are not liable for third parties (e.g. other users) publishing, disseminating, falsifying or otherwise using your identity or personal data without your consent (e.g. doxing or identity theft); and

not be liable for any failure to perform or delay in performance of our obligations under our agreement with you to the extent that such failure or delay arises from events outside or not reasonably within our control, but we will, to the extent that we become aware of it, take steps as soon as reasonably practicable, having regard to our available resources and the circumstances, to mitigate the effect of the delay.

shall not be liable for damages or losses insofar and as long as we have not caused them.

16.4 To the fullest extent permitted by law, you indemnify us and guarantee to keep us indemnified against any claims and any damages or losses (including, where applicable, loss of profit) which are deemed to be and shall be treated as actually and wholly attributable to you until such time as a final court judgment is made to the contrary; in particular if we can show information which indicates that they are wholly or partly your responsibility.

16.5 You warrant that you will promptly reimburse us for any costs incurred by us in connection with any claim made against us or damage or loss suffered or threatened by us in connection with your negligence which we reasonably attempt to avert or mitigate, for example, legal fees, court costs, administrative costs and costs associated with attending court hearings.

17 General

17.1.

17.1 If any provision of your agreement with us is unenforceable or invalid, the remainder of the agreement will remain in full force and effect and the unenforceable or invalid provision will be replaced by a provision that comes as close as legally possible to its original intent.

17.2 If we do not enforce, or do not fully enforce, any aspect of your agreement with us, this will not constitute a waiver of enforcement.

17.3 We reserve all rights that we do not expressly grant you.

17.4 We do not grant you any licenses or other rights in relation to any part of the T4T App, even by implication.

17.4 Licenses that you may acquire from Creators as part of Explorer-Creator transactions do not include any licenses or rights to any features, information, designs, code or other aspects of the T4T App or any other rights that we may have.

17.5 Your agreement with us does not grant any rights to third parties, with the exception that the exclusions and limitations of liability under Section 16 and provisions under Section 18 may also be enforced by our vicarious agents.

17.6 You may not transfer your rights or obligations under your agreement with us to any third party without our prior written consent.

17.7 We may delegate the performance of our obligations under your agreement with us to third parties, but we remain responsible to you for the performance of those obligations.

17.8 Our rights and obligations under your agreement with us may be assigned or transferred by us to others. This could be the case, for example, if our ownership changes (e.g. in the event of a merger, acquisition or sale of assets) or due to legislation.

17.9 Our Terms of Use constitute your entire agreement with us in relation to the T4T App and T4T Website and they supersede any prior oral or written understandings or agreements between you and us.

18 Legal basis and place of jurisdiction

This section tells you what law applies to your agreement with us, under what conditions, and where disputes and legal proceedings can be brought and claims made in connection with your use of the T4T App (including those arising out of or in connection with your agreement with us).

18.2 All claims in connection with your agreement with us or your use of the T4T App (including non-contractual disputes and claims) will be judged exclusively before the ordinary courts at our registered office (currently: Steinhausen, Switzerland).

18.4. Limitation Period for Claims: Except to the extent prohibited by applicable law, any claim or cause of action you may have with respect to the T4T App (including any claim or cause of action arising out of or related to your agreement with us) must be filed within one year after the date such claim arose or the date you first became aware of the cause of action (whichever is earlier), or such claim shall be forfeited and you waive such claim and any action to enforce such claim.

Terms of use for Creators

By using the T4T App as a Creator, you agree to these Terms of Use for Creators - please read them carefully.

introduction

These Terms of Use for Creators are additional terms that apply to you if you use the T4T App as a Creator (in these Terms of Use, "you" refers to yourself as a Creator). These Terms of Use for Creators are part of your agreement with us.

definitions

All terms defined for all users in Section 2 of the Terms of Use have the same meaning for Creators in these Terms of Use. In addition:

"Creator Application" means your attempt to meet the requirements set out in Sections 5.1 - 5.9, which you must meet (to an extent at our discretion) before you may use the Creator Features.

"Creator Functions" refers to the functions of the T4T App that are reserved for Creators but to which there is no entitlement, e.g: (i) uploading and publishing content that goes beyond normal user profile photos and information, (ii) configuring advanced settings in the user account, (iii) setting prices and offering content for monetization, (iv) user account balance, (v) payout function.

"Content with third parties" refers to content that depicts only or also one (or more) person(s) other than you, even if this person(s) is (are) not identifiable from the content.

further conditions that apply to your use of the T4T app:

The following terms and conditions also apply to your use of the T4T app and you agree to them:

Our terms of use for all users; and
Our Privacy Policy - which describes how we use your Personal Data; and
Our Acceptable Use Policy - which describes how you may and may not use the T4T App; and
Our Complaints Policy - which sets out the procedure for you to complain to us about any aspect of the T4T App and how we deal with such complaints; and
Our License Policy - which describes under which conditions which licenses are permitted in the context of Entdecker/Creator transactions; and
The Discovery/Creator Transaction Payment Terms - which describe how payments in connection with Discovery/Creator Transactions are processed through us; and
The standard contract between Discoverer and Creator - which is not part of your agreement with us, but which you enter into with the respective Discoverer for each Discoverer-Creator transaction.

other conditions that may apply to your use of the T4T app:

Insofar as the following conditions also apply to your use of the T4T app, you agree to them:

If you are a Creator resident in the European Union or the United Kingdom, then our Platform-to-Business Regulation terms also apply to you; and
If you also use the T4T app as an explorer, then our terms of use for explorers also apply to you; and
If you also use the T4T app as an Adventurer, then our Terms of Use for Adventurers also apply to you; and
If you also use the T4T App as a Performer, then our Terms of Use for Performers also apply to you; and
If you also use the T4T app as an Adventurer and/or as a Performer, the standard contract between Adventurer and Performer is not part of your agreement with us, but you always conclude it with the respective participant in an Adventurer-Performer transaction.

your assurances to us as Creator

You guarantee (i.e. you give us a legally enforceable promise):

5.1. that you own or have acquired all intellectual property rights (such as copyrights and trademark rights) that are required:

so that you can upload, publish and offer your content in the T4T app; and

so that we may take the actions described in Section 6 to the extent described therein; and

so that you may grant us the license described in Section 6 to the extent described therein; and

to allow us to exercise the rights described in Section 6 to the extent described therein without infringing the intellectual property rights of third parties; and

so that you may grant those licenses and grant those rights to Discoverers where and to the extent such obligation arises for you under a Discoverer-Creator Transaction; and

so that the purposes referred to in points (a) - (d) may be lawfully carried out in and for all territories to which they may apply (in particular Switzerland, the European Union, the United Kingdom and the United States of America); and

for all other relevant aspects of your use of the T4T App and your actions in connection with the T4T App to the extent necessary in each case.

5.2 that any licenses you grant to Entdecker and rights you transfer to Entdecker are consistent with our License Policy; and

5.3. that if Your Content depicts or refers to third parties, includes third party material or involves third parties in the creation of the Content, You have obtained written consent from all such third parties to use such Content to the full extent of Your agreement with Us and Your agreements with Discoverers and that You can demonstrate this at any time; and

5.4. that all of your Content, any licenses you offer or grant, any rights to Content you exercise, your conduct towards other users of the T4T App and towards us, any other aspects of your use of the T4T App and actions in connection with the T4T App, do not violate our Terms of Use; and

5.5. that you guarantee good quality with regard to:

any technical and content-related aspects of your content; and

the uninterrupted and smooth continuity of your playable content; and

applicable information in your user profile, as well as appropriate content and prices; and

accurate descriptions of the content (including licenses) you offer; and

meeting the expectations of your explorers, if you have agreed to expectations or made announcements yourself; and

all other relevant aspects of your use of the T4T App and actions in connection with the T4T App that a third party could reasonably expect.

5.6. that you act as custodian of the Recordings for Your Content; and

5.7. that you will indemnify us in full against any claims, damages and losses (including loss of profit) arising out of any breach by you of any provision of clauses 5.1 - 5.6 and you acknowledge your full liability (including to third parties) whenever you are required to perform this warranty.

licenses and rights that you grant us as Creator

6.1 You grant and license to all Content, which grants us all rights to perform any act restricted by intellectual property rights (including copyrights) that may be beneficial to the provision, operation, development or success of the T4T App, with respect to your user experience, your success as a Creator, and our legitimate interests; and such acts include:

to store, process, reproduce, make available, display, perform, distribute, translate, make available and publicly communicate the content; and

transmit, convert, download, upload, categorize, suggest, and promote the Content; and

Adaptations and derivations of the content are included:

Shortening, cropping, editing, technical quality enhancement (and, if necessary, technical quality downgrading to reduce the amount of data); and
censorship to promote sales and make online piracy more difficult; and
the addition of watermarks, stickers, logos; and
the addition of text, e.g. subtitles, advertising slogans, or your user name or the user names of co-authors; and
Connection with content from other creators, e.g. teasers, snippets, compilations, collages, and product packages; and

apply the acts referred to in points (a), (b) and (c) to the results of the adjustments and derivations of the contents; and

to carry out other actions in connection with the content which are suitable or useful for the agreed purposes.

6.2 The license you grant to us pursuant to Section 6.1:

is unlimited in time and space, non-exclusive, sublicensable, assignable and transferable by us; and

does not include any royalties, i.e. you waive any right to compensation in connection with this license and we are not obligated to compensate you for any revenue received in connection with this license; and

will continue to exist and be granted to us if your agreement with us ends and/or if you no longer use or are no longer permitted to use the T4T App. We may continue to exercise our rights under the license and sublicense, assign and transfer them without you being able to claim compensation or payment for them.

6.3 You accept that:

we are not obliged at any time to exercise any rights under the license you grant to us under Section 6.1; and

we do not waive any right under this license, even if we do not exercise it.

6.4 You renounce it:

challenge or have challenged our rights under the license you grant to us under Section 6.1 and your grant of that license to us; and

to take legal action against us exercising or not exercising rights under this license.

6.5 We will never sell your content to other platforms, but we may transfer any license you grant to us under your agreement to third parties should we sell our business or assets to third parties.

6.6 Although we are not obliged to do so, you grant us the limited right to take (legal) action on your behalf at any time (if we deem it appropriate) against any third party who infringes any intellectual property rights (including copyright and trademark rights) in the Content, and to take such action and withdraw it if necessary. We are not obliged to monitor whether such infringements exist. You agree to provide us, upon request, with any consents and other information we may reasonably require to submit notices of such violations on your behalf. For more information about complaints, please see our Complaints Policy, as well as our DMCA Takedown Policy.

6.7 You waive any moral rights you may have under applicable law to object to any derogatory treatment of your Content. This waiver does not limit your intellectual property rights in the Content or any rights to take action against piracy, but is intended only to allow us to make and use adaptations and derivatives of the Content as described in Section 6.1(c) and (d).

7 How do I set up a Creator account?

7.1 You can select that you are a Creator when you register, or possibly in your user account if you did not do so when you registered.

7.2 If you do not have the option to activate a Creator account in your user account, but you would like to use the T4T App as a Creator, please send us an e-mail with your request, justification and sufficient information to support it to: support@titt4tat.com

7.3 You agree to undergo an age and identity check before using the Creator functions. You allow us to carry out this verification manually and/or via (third-party) software. You may be redirected to another website, and if this is the case, we will inform you of where you are being redirected to for security reasons.

7.4 During the age and identity verification process, you may be required to upload photo(s) of your ID card and possibly take photo(s) or video(s) of your face in real time while showing your ID card to the camera. You may also need to provide a copy of a recent bill from your electricity or internet provider as proof of address.

7.5 After the age and identity check, neither we nor the third party provider will generally store any sensitive data that you have provided during the check, with the exception of the result of whether the verification was successful or not and, if applicable, with the exception of legally compliant encrypted data as proof. You warrant that you have read and accepted our Privacy Policy and (where a third party provider is involved) the privacy policy of the third party provider before you begin the age and identity verification process.

7.6 We may require you to add a payment method to your user account, e.g. bank account details (IBAN, bank name, bank address, SWIFT/BIC), which you may also need to authenticate. You may also need to provide and authenticate your mobile phone number.

7.7 If you are a business user, we may require you to add tax information about your business to your user account and, if applicable, other information about your business (e.g. VAT number, commercial number, business address), and to provide us with documents to prove the validity of this information.

7.8 You agree to provide us with such additional information and evidence as we may reasonably request from you at any time.

7.9 From time to time, we may require you to take reasonable steps to verify that the information described in sections 7.4 - 7.8 is accurate and up to date. Please ensure that this information is always correct and up to date and relates to your legal name (or the name of your company if you are a business user), otherwise withdrawals may not be permitted or (successfully) made.

7.10. We may reject your Creator application at our own discretion and without reason. Reasons may be, for example, that you have provided us with incomplete, false, contradictory or questionable information, or that you have violated the Terms of Use at any time. If we reject your application retroactively after we have already approved your Creator account, we will inform you of the justified reasons for this.

7.11. When we notify you that your Creator Application has been successful, you may use the Creator Features. As long as we have not done so, you may only use those Creator functions that are required for the Creator application.

Discoverer-Creator- Transactions

8.1 An Explorer Creator Transaction is triggered as soon as you and a Discoverer have made matching declarations of intent in the T4T App, e.g. that you both agree that the Discoverer will pay a certain price for you to make content available to the Discoverer.

8.2 The Discoverer's declaration of intent is, for example, a click on a web element with the intention of purchasing content from you, or subscribing to your Creator profile, or otherwise gaining access to content or functions. At our discretion, we may also determine that only the receipt of an advance payment from the Discoverer constitutes the Discoverer's declaration of intent.

8.3 As soon as the Discoverer has submitted their declaration of intent, you can submit your declaration of intent, e.g. by clicking on a button that grants the Discoverer access to your content. This is necessary, for example, if you want to create individual content for a discoverer, or if you have set a function in the T4T app that you first want to confirm access to content (e.g. if you want to see the user profile of the discoverer first).

8.4 If it is content that you offer in the T4T App so that every Discoverer can get access to your content without verification and against payment (i.e. that you do not have to confirm access manually each time), then you agree that your declaration of intent is made automatically as soon as the Discoverer has made his declaration of intent. This is the case if it is not individual content or if you do not set (or cannot set) that you want to confirm access to content first.

8.4 Each time we notify you that an Explorer Creator Transaction has been triggered, you must comply with your obligations to the relevant Discoverer (unless we notify you that this has already occurred automatically) e.g. grant access to content or functionality, send files, provide individual content, grant licenses to content, perform actions in real time (e.g. for interactive live streams) or any other action or non-action (provided it complies with the Terms of Use) that you have agreed to perform through your declaration of intent to enter into an Explorer Creator Transaction.

8.5 You warrant (i.e. you give us a legally enforceable promise) to indemnify us against any claims, damages and losses (including loss of profit) arising from any breach by you of any provision of clause 8.4 and you acknowledge your full liability therefor (including to third parties) whenever you are required to perform this warranty.

8.6 If You increase the price of a Subscription, You acknowledge that any affected ongoing Subscription and related payments by the relevant Discoverer for which the relevant Discoverer does not accept the new price by the end of the relevant Subscription Term will automatically terminate.

advertising for third parties

9.1 The term "Third Party Advertising" includes: When you use or refer to the T4T App or content(s) or user profile(s) in the T4T App; and in this context, directly or indirectly:

a) self-promote your (commercial) activities outside the T4T App; or
b) refer to a third party (e.g. person, company, product, service, slogan, logo, website, URL, or in any other way) and receive or intend to receive a consideration for the reference (e.g. payment, material value, service, information, authorization, favor, or other benefits).

9.2 If you advertise for third parties, you must ensure that they:

neither violates nor calls into question respect for human dignity; and
neither contains nor promotes discrimination, e.g. with regard to gender, gender identity, ethnicity, origin, nationality, religion, ideology, disability, age, weight, sexual orientation; and
does not encourage behavior that is detrimental to health or safety; and

does not promote behavior that grossly impairs the protection of the environment; and
does not cause physical, mental or moral harm to any person; and
does not directly solicit persons to buy or rent goods or services by taking advantage in any way of their inexperience or credulity; and
does not directly encourage persons to persuade others to buy or rent goods or services; and
does not exploit the trust of other people; and
does not inappropriately show persons in dangerous situations; and
does not contain advertising, encouragement or glorification of cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, weapons, illegal drugs or prescription drugs; and
does not contain any advertising, encouragement or glorification of illegal gambling, and
does not advertise, encourage or glamorize excessive alcohol consumption or alcoholic beverages to minors; and
is consistent with our Terms of Use and in particular with the principles of our Acceptable Use Policy, regardless of where the advertising is available.

9.3 If you wish to place advertising for third parties in your content, you must activate the corresponding "Advertising" checkbox in the input mask when uploading (or preparing) the respective content before publication. If there is no such checkbox, you may not use your user account or the respective content to advertise for third parties.

9.4 If your user account is not authorized to advertise to third parties, you can request this authorization from us by sending an email to support@titt4tat.com.

9.5 You may advertise your Creator Profile and Creator Profiles of other Creators inside and outside the T4T App without our permission, provided that:

the consideration you should receive in return is not disproportionate to the effort involved in this advertising; and

You receive consideration for this, but you have permission from the respective Creator for this advertising in the manner and scope in which you make it; and

You accurately link to the Creator profile you are promoting and include that Creator's username as a hashtag in the title and/or description of the promotion; and

such advertising nevertheless complies with the principles of Section 9.2, our Terms of Use, and the principles of our Acceptable Use Policy.

content with third parties

10.1 If you upload content with third parties, you warrant (i.e. you give us a legally enforceable promise) that any person depicted in it (i) is a consenting creator on T4T App, or (ii) is a consenting adult whose identity and age you have verified, and will promptly provide us with evidence of this upon request.

10.2 You also warrant that you have obtained written consent from each person depicted in the content with third parties (and have documented this and will prove to us on request) that the respective person agrees to this;

to be depicted in the content with third parties; and

that this content with third parties, including the image of the respective person, is published via the T4T app in the respective manner and to the respective extent.

10.3 You agree to tag other Creators on the T4T App when you upload Third Party Content in which they are featured and to use the relevant tagging feature to do so, or (if this feature is not available) to mention the usernames of the relevant Creators as a hashtag in the title or description of the Third Party Content.

10.4 You are solely responsible for obtaining in advance all consents, licenses and rights from any co-authors of content with third parties that are necessary for the nature and extent of the publication and use of such content with third parties via the T4T App, and will promptly provide proof thereof upon request.

10.5 You agree that we will process and pay out payments from Discoverers for Third Party Content only to the Creator who uploaded and published that Third Party Content in the T4T App, and that Creator is solely responsible for paying any co-creators of that Third Party Content (and other compensation beneficiaries where applicable) appropriately from those payouts.

10.6 Any agreements you enter into with co-authors of content with third parties (including license agreements and royalty sharing) are independent agreements between you and those co-authors, and have no contractual relationship with us, and we are not responsible for providing or enforcing such agreements, nor are we a party to such agreements.

10.7 You understand and agree that you have no right to claim, nor attempt to claim, that we will pay you for content with third parties that you have not uploaded and published through your Creator Account, even if you are depicted in or involved in the creation of content with third parties.

10.8 If you publish content with third parties on your Creator account, we may request that you provide us with valid and complete legal information about all persons appearing in the content with third parties. If you do not comply with this request within a reasonable period of time, we may delete the Third Party Content, deny you use of the Creator Features, terminate your user account and/or, to the extent not contrary to applicable law, withhold all or part of any amounts due but not yet paid to you.

10.9 Any royalties due to a Discoverer under a license you may have granted to that Discoverer as part of a Discoverer-Creator transaction in connection with third party content you have published through your Creator Account are your obligation to pay and not to other Co-Creators.

10.10. You warrant that you will indemnify us in full against any and all claims in connection with content with third parties. You also warrant to indemnify us for any damages and losses (including loss of profit) arising from any breach by you of our Terms of Use and you acknowledge your full liability for the same (including to third parties) whenever you are required to perform this warranty.

Terms of use for explorers

If you use the T4T app as an explorer, by agreeing to the Terms of Use, you also agree to these Terms of Use for Explorers - please read them carefully.

introduction

These Terms of Use for Explorers are additional terms that apply to you when you use the T4T App as an Explorer. In these Terms of Use for Explorers, "you" refers to you as an Explorer. These Terms of Use for Explorers form part of your agreement with us.

definitions

All terms defined for all users in Section 2 of the Terms of Use have the same meaning for Explorers in these Terms of Use.

further conditions that apply to your use of the T4T app:

The following terms and conditions also apply to your use of the T4T app and you agree to them:

Our terms of use for all users; and

Our Privacy Policy - which describes how we use your Personal Data; and
Our Acceptable Use Policy - which describes how you may and may not use the T4T App; and
Our Complaints Policy - which sets out the procedure for you to complain to us about any aspect of the T4T App and how we deal with such complaints; and
Our License Policy - which describes under which conditions which licenses are permitted in the context of Discovery Creator transactions; and
The Discovery Creator Transaction Payment Terms - which describe how payments in connection with Discovery Creator Transactions will be processed through us; and
The standard contract between Discoverer and Creator - which is not part of your agreement with us, but which you conclude with the respective Creator for every Discoverer-Creator transaction.

other conditions that may apply to your use of the T4T app:

Insofar as the following conditions also apply to your use of the T4T app, you agree to them:

If you also use the T4T app as a Creator, then our Terms of Use for Creators also apply to you; and
If you are a Creator resident in the European Union or the United Kingdom, then our Platform-to-Business Regulation terms also apply to you; and
If you also use the T4T app as an Adventurer, then our Terms of Use for Adventurers also apply to you; and
If you also use the T4T App as a Performer, then our Terms of Use for Performers also apply to you; and
If you also use the T4T app as an Adventurer and/or as a Performer, the standard contract between Adventurer and Performer is not part of your agreement with us, but you always conclude it with the respective participant in an Adventurer-Performer transaction.

your assurances to us as the discoverer

You guarantee (i.e. you give us a legally enforceable promise):

5.1 You own or have acquired all intellectual property rights (such as copyrights and trademark rights) that are required:

so that you can upload and publish your content in the T4T app; and

so that we may take the actions described in Section 6 to the extent described therein; and

so that you may grant us the license described in Section 6 to the extent described therein; and

to allow us to exercise the rights described in Section 6 to the extent described therein without infringing the intellectual property rights of third parties; and

so that the purposes referred to in points (a) - (d) may be lawfully carried out in and for all territories to which they may apply (in particular Switzerland, the European Union, the United Kingdom and the United States of America); and

for all other relevant aspects of your use of the T4T App and your actions in connection with the T4T App to the extent necessary in each case.

5.2 that any content you upload to the T4T App complies with our Acceptable Use Policy; and

5.3. that your content does not feature anyone other than yourself, unless you are also a Creator.

5.4. that if Your Content depicts third parties, refers to third parties, includes third party material or involves third parties in the creation of the Content, You have obtained written consent from all such third parties to use such Content to the full extent of Your agreement with Us and that You can prove this at any time; and

5.5. that all of your Content, any licenses you request or accept, any rights to Content you exercise, your conduct towards other users of the T4T App and towards us, and any other aspects of your use of the T4T App and actions in connection with the T4T App, do not violate our Terms of Use; and

5.6. that you ensure the highest possible quality of content that you upload to the T4T App; and

5.7. that you will indemnify us in full against any claims, damages and losses (including loss of profit) arising from any breach by you of any of the provisions of clauses 5.1 - 5.6 and you acknowledge your full liability (including to third parties) whenever you are required to perform this warranty.

licenses and rights you grant us as a discoverer

If you are also a Creator, this Section 6 in these Terms of Use for Explorers will not apply, and instead Section 6 from the Terms of Use for Creators will also apply to your use of the T4T App (and content in the T4T App) as an Explorer.

6.1 You grant us a license to all Content, which grants us all rights to perform any act restricted by intellectual property rights (including copyright) that may be beneficial to the provision, operation, development or success of the T4T App, with respect to your user experience as a Discoverer and our legitimate interests; and such acts include:

to store, process, display, make available, reproduce and, unless your user account settings preclude this, also distribute, translate, perform, suggest, make publicly available and perceptible the content, and communicate publicly ; and

also transmit, convert, download, upload, and categorize the content as part of our data processing; and

to produce adaptations and derivations of the contents, limited to:

Shortening, cropping, editing, technical quality enhancement (and, if necessary, technical quality downgrading to reduce the amount of data); and
the addition of watermarks, stickers, logos; and
adding text, i.e. your username or translations of your chats if you have enabled chat translation; and

apply the acts referred to in points (a), (b) and (c) to the results of the adjustments and derivations of the contents; and

to carry out other actions in connection with the content which are suitable or useful for the agreed purposes.

6.2 The license you grant to us pursuant to Section 6.1:

is perpetual, non-exclusive, sublicensable, assignable and transferable by us; and

does not include the distribution of your content or license fees, i.e. your content only serves the free purpose of presenting yourself to other users within the app; and

is limited in time to the extent that if your agreement with us ends and/or if you no longer use (or are no longer allowed to use) the T4T App, the license will remain with us to the extent and for the period of time that may be necessary for us to comply with our legal retention periods or other legal obligations, but for at least another 12 months, which means that we may continue to exercise the affected rights under the license without any claims for compensation or payment. necessary for us to comply with our statutory retention periods or other legal obligations, but for at least another 12 months, which means that we may continue to exercise the relevant rights under the license without you being able to claim compensation or payment for them, and that we may continue to sublicense, assign and transfer the license as appropriate.

6.3 You accept that:

we are not obliged at any time to exercise any rights under the license you grant to us under Section 6.1; and

we do not waive any right under this license, even if we do not exercise it.

6.4 You renounce it:

challenge or have challenged our rights under the license you grant to us under Section 6.1 and your grant of that license to us; and

to take legal action against us exercising or not exercising rights under this license.

6.5 We will never sell your content to other platforms , but we may assign the licenses, and any associated rights, that you grant to us under your agreement to third parties should we sell our business or assets to a third party.

6.6 Although we are under no obligation to do so, you grant us the limited right to take (legal) action on your behalf (if we deem it appropriate) at any time against any third party who may infringe any intellectual property rights (including copyright and trademark rights) in your content, and to take such action and withdraw it if necessary. We are under no obligation to monitor for such infringements. You agree to provide us, upon request, with any consents and other information that we may require with legitimate interest to submit reports of such violations on your behalf. For more information about complaints, please see our Complaint Policy, as well as our DMCA Takedown Policy.

how can you start using the T4T app as an explorer?

7.1 You can select that you are an Explorer when you register, or possibly in your user account if you did not do so when you registered. You know whether you have an Explorer account if the role "Explorer" is displayed in your user profile or if you have options to pay Creators for content or to subscribe to user profiles against payment.

7.2 If you want to use the T4T App as a Discoverer but do not have a Discoverer Account or a function in your User Account to activate a Discoverer Account, you can email us at support@titt4tat.com to ask us to activate a Discoverer Account for you. However, it is at our discretion whether or not we activate a Discoverer account for your user account.

7.3 You are aware and accept that you may see adult content on the T4T App and you agree to take this into account each time you access or attempt to view content. We will not be liable to you for any loss or damage you may suffer as a result of accessing or viewing content that contains adult material in breach of any agreements you may have with third parties (e.g. your employment contract) or applicable law.

7.4 Each time you wish to access or otherwise interact with a Creator's content, you must first enter into a Discover Creator Transaction (as described in Section 8). There may be cases where it is sufficient to enter a Discover Creator transaction only once, but still access content or content areas repeatedly (e.g. subscriptions, as described in section 9)

7.5. Before you can enter into a Discover Creator Transaction, you may be required to fulfill one or more of the following conditions: (i) prove your age and/or identity, (ii) add a Payment Method to your User Account, (iii) authenticate that you are authorized to use that Payment Method, (iv) prove that you can use that Payment Method, (v) prove that you have sufficient funds to pay the relevant Prize, (vi) pay the relevant Prize (vii) possibly prove from time to time that the information described is up to date if we may reasonably require it.

7.6 You warrant that you will only use the T4T App as an Explorer if you are able, willing and authorized to do so under the laws applicable to you:

access and consume content (including adult content and related features in the T4T App) that requires payment from you; and

to pay the relevant prices for content within the relevant period, for the relevant time, and under the relevant conditions, if and when you make a corresponding declaration of intent; and

to enter into the "Standard Agreement between Discoverer and Creator" and to fulfill all obligations arising therefrom for you.

explorer-creator transactions

8.1 If you click on a web element in a context of the T4T App that offers the possibility to access content or an area with content against payment or to acquire a license or rights to content (and generally want to receive the transaction object), and you click on a web element in this context that suggests that if you click on it, you want to pay the price displayed to you (e.g. "Buy," "Subscribe," "Access," "Pay," "View Now," or similar), then you formulate a declaration of intent taking into account the terms of use.For example, "Buy", "Subscribe", "Access", "Pay", "View now", or similar), then you formulate a declaration of intent taking into account the terms of use and under the respective conditions that are displayed to you in the context or that you can view if you use the opportunity offered to you in the context to view the conditions.

8.2 If you pay the corresponding price in accordance with section 8.1, you thereby submit the declaration of intent already formulated by you in accordance with section 8.1 with legal effect. And if the Creator has submitted or submits its concurring declaration of intent in this regard, then:

you enter into the explorer-creator transaction with this creator; and

you conclude the standard contract between the discoverer and the creator with this creator; and

you are bound to fulfill all of your obligations under this Standard Agreement between Discoverer and Creator, such as (i) accepting the license granted to you, and (ii) exercising no more rights in the Content than are granted to you through the license and exercising them for no longer than they are granted to you, and (iii) performing the obligations you acquire together with the license, and (iv) paying royalties to Creator if this is part of the license you acquire, and (v) accepting responsibility if you should violate any provisions of this Standard Agreement between Discoverer and Creator, e.g. by being liable for damages or losses incurred by Creator as a result.For example, by being liable for any damages or losses that the Creator may incur as a result, and (vi) to fulfill all other obligations that arise for you from the standard contract between the Discoverer and Creator and from the Terms of Use as a result of your entry into the Discoverer-Creator transaction.

8.3 Creators are solely responsible for making the Transaction Item available to you and for setting prices and currencies for Transaction Items, where applicable, within the limits set out in the T4T App and/or the Terms of Use.

8.4 You acknowledge that you are not entitled to demand that we provide you or the Creator with functions that enable you to receive the Transaction Item (e.g. to access content), and this applies in particular if you have violated or threaten to violate the Terms of Use or the standard contract between Discoverer and Creator.

8.5 Even if we are not a party to any Standard Contract between Explorer and Creator, you warrant that you will at all times perform your obligations under any Standard Contract between Explorer and Creator that you enter into. You agree that we may suspend or terminate your account if a Creator gives us reasonable notice that you have breached a Standard Contract between Explorer and Creator and you are unable to disprove such notice within a reasonable time.

subscriptions

9.1 Should the price for a subscription you have taken out change, you acknowledge that the respective subscription and the associated payments will automatically:

end if the price has increased and you have not accepted the higher price by the end of the relevant subscription period; and

continue to run without notification if the price has fallen, unless you have canceled the subscription at the end of the respective subscription period.

9.2 If no function for canceling a subscription or deactivating the automatic renewal of a subscription is available (e.g. in a section of the T4T app called "My subscriptions" or in the area where you have taken out or can use the subscription), you can send us an e-mail to support@titt4tat.com to cancel a subscription. Specify as precisely as possible the subscription you wish to cancel. Also make sure that you cancel the subscription at least 2 days before the last working day before the renewal of the subscription, otherwise we cannot guarantee that the subscription will not be renewed, nor that no payment for the renewal will be due.

9.3 If you cancel a subscription, you are allowed to continue using the subscription until the end of the subscription period in which the subscription was successfully canceled.

9.4 Once a Subscription has been successfully canceled, the relevant Subscription will not be renewed for any further Subscription Period (which also means that no payment will be due for it) unless you re-subscribe before the end of the Subscription Period in which the cancellation was successful.

9.5 If a payment for the renewal of a subscription you have taken out is not made on time, we may terminate this subscription at our own discretion without demanding payment from you.

Standard contract between adventure and performer

introduction

This Standard Agreement between Adventurer and Performer (also referred to herein as "this Agreement" or "the underlying Agreement") governs every Adventurer-Performer transaction between the parties.

definitions

"Contracting parties" are adventurers and performers between whom the adventurer-performer transaction takes place.

"App URL" refers to the Internet address "https://app.titt4tat.com".

"T4T App" means the digital platform that is available e.g. via the app URL (or after downloading the platform as an app).

"Titt4Tat" refers to the company "Shachi AG", which operates the T4T app.

"Terms of Use" means the Terms of Use of Titt4Tat, which the contracting parties are aware of and which apply to their use of the T4T App.

"Adventurer-Performer Transaction" (also referred to as "Transaction") is the legal transaction which the contracting parties initiate by the Adventurer's booking request and the Performer's booking confirmation via the functions provided for this purpose in the T4T App.

"Adventurer" means the contracting party that is to remunerate the Performer for receiving the Performance from the Performer.

"Performer" refers to the contracting party that is to be remunerated by the adventurer for providing the performance for the adventurer.

"Performance" (in the plural "Performances") means the non-digital service which the contracting parties agree to provide within the framework of the Transaction and this Agreement by means of concordant declarations of intent. The provision of the Performance requires the physical presence of both contracting parties at the same location.

"Total period" means all periods of time during which the contracting parties are present together in a physical location or together or individually in a digital area of the T4T App (e.g. chat) due to the transaction or for the purpose of the transaction.

"Performance time" is only those times within the total period in which the performance actually takes place.

"Place of performance" Place at which the performance takes place.

3rd contracting parties

3.1 The only parties to this Agreement are the Adventurer and the Performer. The transaction and all provisions of this Agreement are solely between the Adventurer and the Performer. Titt4Tat and affiliates, employees, owners, agents and representatives of Titt4Tat, are neither party to this Agreement nor responsible for the Transaction.

3.2 The provisions in Section 3.1, do not relieve individuals who enter into an Adventurer-Performer Transaction as mere users of the T4T App and on their own decision, independently of the cooperation with Titt4Tat, from their obligations under this Agreement as Adventurers or Performers, and do not otherwise give them any different contractual rights or privileges in connection with the Transaction.

4 When and how does this agreement apply?

4.1 This Agreement comes into force each time the Adventurer and Performer initiate a transaction via the T4T App. A transaction is initiated when the Performer confirms a booking request in the T4T App that the Adventurer has sent to the Performer in the T4T App.

4.2 Any action or reaction of the parties (whether active, passive, verbal, non-verbal, written or implied) that occurs within the aggregate period or in connection with the Transaction (whether before, during or after the execution of this Agreement) that would constitute or result in a declaration of intent or performance that is inconsistent with this Agreement, or inconsistent with the Terms of Use, or inconsistent with applicable law, shall be deemed a "Prohibited Action" for the purposes of this Agreement. Prohibited Acts:

shall not be deemed or treated by the parties as a statement of intent or performance; and

shall not form part of this Agreement or the Performance; and

do not become part of another agreement or service, nor do they give rise to another agreement or service.

4.3 The provisions of this Agreement may not be modified or waived by written or oral collateral agreements. In all other respects, details which the contracting parties agree with regard to the transaction shall become part of this agreement, unless these details are unlawful acts or are intended to achieve unlawful acts.

4.4 Agreements which are not part of this Agreement but which have as their purpose or are based in whole or in part on Prohibited Acts or which have come about as a result of such Prohibited Acts shall be superseded by this Agreement.

4.5 The Performer is not obliged to keep appointments for the provision of the Performance, nor to provide the Performance, and the Adventurer is not obliged to pay the Performer for the Performance if the Performance cannot commence.

4.6 Each party to the contract enters into the transaction with the full risk of not receiving full or adequate consideration for its expenses and takes appropriate measures to prevent this.

4.7 All information provided by T4T is non-binding for the contracting parties.

4.8. The contracting parties agree that they will only initiate any service they agree with each other as a transaction via the T4T App and will only agree under the provisions of this Agreement, provided that the respective service is compatible with this Agreement and can be initiated via the T4T App, and provided that the respective previous transaction they initiated via the T4T App did not take place more than two years ago.

4.9 All formulations in this agreement which (e.g. for reasons of simplification) literally refer to only one gender shall always be understood and treated as if they were formulated in relation to the respective gender.

mutual assurances

5.1 In order to create a common basis of conduct on which the contracting parties can rely on each other in good faith, the contracting parties warrant that they have read, understood and accepted the Terms of Use and that they will fulfill their obligations to Titt4Tat arising from these Terms of Use at all times and will not violate these Terms of Use.

5.2 Each Party warrants to the other Party that it will:

is over 18 years of age and, under the laws of the country of the place of performance and other laws applicable to the parties, is of sufficient age to enter into this Agreement and to perform or receive the agreed performance; and

if it cannot completely rule out the minority of the other party to the contract, to obtain proof of majority from the other party to the contract, and if the age of majority is not given or the proof of majority is rejected, then to waive the continuation of the transaction and to report the facts to Titt4Tat and (if required by law) also to the competent authorities; and

between the booking confirmation and the agreed date of performance, to respond in a reasonable manner and within a reasonable time to messages from the other party to the contract if they are messages relevant to the transaction; and

to agree in full and unambiguously on the terms and conditions of the transaction necessary for each contracting party, i.e. start time, type, scope, duration, price, place of performance, nature of the place of performance, any other conditions at the place of performance, etc.; and

not to provide any information or photos in its own user profile or in communications between the contracting parties that are likely to deceive or encourage actions in misleading expectation; and

provides the other party with sufficient and truthful information about itself prior to the date of performance to enable the other party to make an informed decision as to whether to accept the appointment, provide or receive the service, or cancel the booking; and

will behave respectfully towards the other contracting party and will not intentionally provoke or escalate disagreements or disrespectful behavior on the part of the other contracting party; and

ensures appropriate personal hygiene at the start of the performance, especially if the performance involves physical proximity; and

will cancel the booking immediately using the cancel function if it no longer wishes or is no longer able to accept or provide the performance itself; and

will immediately offer the other contracting party an alternative appointment via the corresponding function in the T4T app if it can no longer or no longer wishes to keep the scheduled appointment; and

a fair and objective evaluation within a reasonable time after performance; and

it is responsible for fulfilling its own tax obligations and will not hold the other Party liable or otherwise responsible; and

not rely on automatic translations of chats in the T4T app, but also translate the chat manually themselves and, in case of doubt, cancel the booking if they are not sufficiently proficient in the language of the other contracting party to clearly agree on the purpose and details of the transaction.

5.3 Each Party shall be responsible for ensuring, within its sphere of influence, that all necessary requirements are met to ensure that the Transaction does not at any time and in all respects violate applicable laws, the Terms of Use or this Agreement.

5.4 If a Party becomes aware that the other Party is violating, attempting to violate, or threatening to violate the provisions of Section 5.3 in any way, the Party that becomes aware will immediately notify the other Party of the (impending) violation and will not negligently encourage the violation to (continue to) take place.

5.5 Unless otherwise agreed or if necessary to protect the legitimate interests of the Parties, the Parties shall keep confidential the formation of this Agreement, the terms of this Agreement, the Performance, the identity of the other Party (including personal data), the place of performance, the nature and extent of the Performance, and any actions, statements and information of the Parties relating to the Transaction (hereinafter referred to as "Confidential Matters").

5.6 Confidentiality pursuant to Section 5.5 includes that the contracting parties shall not intentionally or inadvertently enable third parties to gain knowledge of confidential matters.

5.7 For its part, each contracting party uses the T4T App only for the technical simplification of the communication of intentions that are not or do not aim to be Prohibited Acts and that it would also have without using the T4T App.

5.8 Unless otherwise agreed at or excluded by the nature of agreed details, each party warrants that, to the extent of its ability,:

only the contracting parties are present at the service and third parties do not have or cannot gain access to the place of performance, and to make reasonable efforts to prevent it if third parties nevertheless attempt to gain access; and

not to record the performance and the other contracting party, i.e. not to film, photograph, record with a microphone or the like; and

adequate hygiene and sanitary facilities of adequate hygiene are available at the place of performance , which each contracting party can use without the other contracting party, and which can only be opened and locked from the inside .

5.9 The Adventurer will not take up more of the Performer's time in the chat with the Performer than is necessary to discuss important details of the transaction, unless the Performer has further questions or offers to do so to the Adventurer.

5.10. The Adventurer has no expectations with regard to the Performance and the Performer that would bind the Performer to these expectations, but his expectations are merely limited to wanting to know whether (and if the Performance takes place, possibly also how) the Performer possibly delivers the Performance .

5.11. The Adventurer will not promise the Performer more compensation in advance of the Performance, nor will the Performer incur more expenses in advance of the Performance than the total amount the Adventurer is willing to spend for the Performer's limited expectations in accordance with Section 5.10.

5.12. The Adventurer accepts at his own expense the risk that the performance is not satisfactory, or does not comply with this agreement or agreed details, or may not be provided at all.

5.13. The Performer uses the T4T App and provides the Performance on its own responsibility and voluntarily and in compliance with the legal and regulatory provisions applicable to the Performer.

5.14. The adventurer becomes:

not attempt to make an appointment with the performer at a location that is dangerous or that the performer has already declined; and

either follow the rules that apply at the place of the appointment or leave the place immediately if he does not want to or cannot comply with these rules; and

will offer the performer enough freedom to prepare for his performance alone; and

if he is not sure whether he has not fully understood aspects of the performer's terms or details mentioned, ask the performer to explain them, and if this is not sufficient for full understanding:

neither claim nor insist on claiming these aspects where they may affect the rights of the Adventurer or the obligations of the Performer; and

either fulfill these aspects or reject and terminate the continuation of the transaction if they may affect the adventurer's obligations or the performer's rights; and

not re-solicit or re-request services or other aspects of the Transaction that the Performer has already expressly declined; and

not attempt to negotiate any remuneration of the performer; and

not attempt to induce the performer not to demand payment for the service in advance of the service; and

not try to get the performer to start the service before the adventurer has paid the performer for the service; and

not engage in any conduct or language towards the Performer that is disrespectful, discriminatory, abusive, threatening, extortionate, manipulative, dangerous, oppressive, coercive , or dishonest, or gives the impression of being so; and

threaten or announce to the Performer that it intends to violate the Terms of Use, this Agreement, or applicable law, nor actually do so in the presence (digital or physical) of the Performer.

5.15. Each Party warrants to the other Party that it will:

will not, under any circumstances, seek to hold Titt4Tat liable for any damages or losses arising from this agreement; and

waives any claims against Titt4Tat in connection with this Agreement; and

to indemnify Titt4Tat in full against any claims arising from this agreement.

5.16. The contracting parties agree on full joint and several liability (also towards third parties) whenever the guarantee provided pursuant to Section 5.15 must be fulfilled.

5.17. In all other respects, the contracting party that violates the Terms of Use or the contract presented here shall be liable for damages and losses incurred by the other contracting party as a result.

performance

6.1 Performances are not content within the meaning of the Terms of Use, but may serve the purpose of producing material, e.g. to use this material as content in the T4T app.

6.2 Exclusively Performances in the sense of this Agreement are the only services agreed with the underlying contract, i.e. all services other than Performances are Impermissible Acts.

6.3 Only the components of the following types of services (individually or in combination) can be Performances:

T4T modeling as defined in section 8;

T4T content modeling as defined in section 9;

T4T meeting within the meaning of section 10;

T4T massage as defined in section 11.

6.4 Any action or reaction of the Parties within the overall period (whether active, passive, verbal, non-verbal, tacit or implied) which is not mentioned in the sections on the respective types of services referred to in Section 6.3; (i) as part of the respective type of service, or (ii) is not in accordance with the Terms of Use or the laws applicable to the Parties:

is neither part of the respective service type nor of the performance, and is not understood as such by the contracting parties; and

interrupts the performance and the performance time immediately before this respective action or reaction takes place and for the time in which it takes place; and

is not compatible with the present contract.

6.5 Each contracting party may (e.g. through an action or reaction in accordance with Section 6.4) decide at any time during an agreed performance period, at its own discretion and, if necessary, also tacitly, when and for how long the performance and performance time will be interrupted.

6.6 If one or both Parties claim that the Performance has not taken place due to tacit interruption(s) within the meaning of Section 6.5, then only the mere, simultaneous and physical presence of the Parties at a place agreed for the performance of the Performance (expressly, tacitly or impliedly) shall be deemed to be Performance and Performance Time, and all other aspects shall then be deemed to be Impermissible Acts.

6.7 Even if the contracting parties have not expressly agreed any of the Performances within the framework of the conclusion or after the conclusion of this Agreement, the nature and scope of the Performance shall result from the concurring declarations of intent of the contracting parties (whether active, passive, verbal, non-verbal, tacit or implied) to the exclusion of Impermissible Acts.

6.8 Each contracting party shall accept minor delays or delays in agreed dates and the start of the performance, and shall plan for these on its part, and shall not regard them as a cancellation or refusal to keep the appointment or to provide the performance.

6.9 The Adventurer shall neither demand nor request nor request or accept services which the Performer has already expressly refused.

6.10. The Adventurer may also perform acts in whole or in part in the Total Rhyme Space which may form part of the Performance, but such acts by the Adventurer shall under no circumstances be construed as a service or performance and shall always be gratuitous, i.e. the Performer shall under no circumstances owe the Adventurer any remuneration for the same, nor shall the Adventurer seek, demand, request, justify or claim any remuneration or payment from the Performer in connection with the transaction, nor attempt to do so.

remuneration

7.1 The contracting parties agree that payments in connection with transactions shall only be made directly between the contracting parties and that neither Titt4Tat nor any other third party shall be commissioned with or involved in the processing of this payment.

7.2 The contracting parties will not process any payments in connection with the transaction, either in whole or in part, via Titt4Tat, nor will they participate in any payment processing via the T4T App, e.g. by using the T4T App:

request or send payment data or access to payment data, e.g. IBAN, email addresses for PayPal, crypto wallet addresses, or links to retrieve such data; or

Request or send benefits or access to benefits, e.g., gift cards, coupons, passwords, credit card information; or

Suggest or purchase content or subscriptions as part of an Explorer Creator Transaction for the purpose of rewarding an Adventurer Performer Transaction; or

misuse any function of the T4T app for this purpose, e.g. chat, profile description, user name, profile photos, videos; or

in any other way, e.g. symbols, code words or other.

7.3 The parties agree (i) that the Performer shall only be remunerated for the pure performance time, and (ii) that any remuneration within the total period shall serve no other purpose than to remunerate the Performer for the pure performance, (iii) and any remuneration within the total period shall also be deemed to be a declaration that only the pure performance is hereby remunerated.

7.4 The parties agree that any remuneration other than for the purpose set out in Section 7.3 shall be deemed and understood to be expressly rejected by the Performer at all times, in all circumstances, and regardless of any representations or circumstances to the contrary.

7.5 Declarations that intend remuneration that is not purely for consideration for performance are not compatible with the underlying contract and are therefore an impermissible act.

7.6 For the avoidance of doubt, the Performer may accept any remuneration from the Adventurer during the Overall Period in reliance on this Agreement that such remuneration is for no other purpose than to remunerate the Performer for pure performance.

7.7 The Adventurer shall be liable for any damage or loss (including any costs reasonably incurred by the Performer to prevent or mitigate such damage or loss) which the Performer may suffer as a result of the Adventurer claiming or attempting to claim against any third party:

allegedly compensated the performer within the overall period for a purpose other than pure performance; or

that the performer allegedly asked, requested or accepted to be compensated by the adventurer for a purpose other than pure performance.

7.8 An agreed price that has been paid is not subject to any reduction or refund, even if the performance has not been provided, or has not been provided in full, or has not been provided to the satisfaction of the Adventurer.

7.9 The provisions in Sections 7.1 - 7.8 shall apply irrespective of the relationship between the performance period and the overall period.

7.10. If the Adventurer remunerates the Performer outside the overall period but in connection with the transaction, the provisions of sections 7.1 - 7.9 shall also apply to such remuneration as if such remuneration had taken place within the overall period.

7.11. The Adventurer will not at any time attempt to reclaim any remuneration already paid to a Performer from the Performer in any way.

7.12. The Performer shall not accept any remuneration from the Adventurer in advance of an agreed performance without intending to perform that performance.

8th T4T modeling

"T4T modeling" is intended for active or passive representation or acting, and is limited to the following components and components that serve them, are similar to them and are indispensable for them:

Trying out, practicing, rehearsing and performing choreographies;

Gestures, facial expressions, or symbolic or acrobatic body posture or movement;

different types of acting, such as character acting, method acting, avant-garde acting, self-presentation, or role-based or scene-based acting, and other types of acting;

Taking poses, practicing, rehearsing, or changing or moving poses;

Conception, design and installation of scenery (with or without stage);

Aesthetics, e.g. make-up, make-up, costumes, outfits, body painting, nudity;

verbal, non-verbal physical or non-contact acting;

Planning, organization and use of props and accessories;

stylistic forms, such as graceful, delicate, critical, provocative, bizarre, shocking, grotesque, puristic, extreme, exaggerated, fictitious, imitative, irritating, bizarre, or dramatic;

at different levels, e.g. professional, semi-professional, experienced, inexperienced, amateur;

Activities of the director, or acting according to a script, without a script, at the direction of the director, on one's own initiative, spontaneously, improvised;

individualized or personalized, e.g. for a few or only one spectator, and possibly also or only for the adventurer, or by the adventurer but at the instruction of the performer;

Interactive, e.g. involving the spectators or a spectator, and possibly also or only the adventurer;

to carry out activities that serve the purpose of facilitating, improving, preparing, discussing, planning, designing, conceptualizing or otherwise benefiting performance.

9 T4T content modeling

9.1 "T4T content modeling" corresponds to T4T modeling in accordance with Section 8, but is also intended to record modeling in order to produce and publish material. T4T content modeling is limited to the components of T4T modeling plus the following components as well as components that serve them, are similar to them and are indispensable for them:

film, photograph or record in any other way;

Exposure, connecting devices, configuring equipment, post-production, preparing perfect and, if necessary, cut-free takes;

to carry out activities which serve the purpose of recording, facilitating, improving, preparing, discussing, planning, designing, conceptualizing or otherwise facilitating;

the pure theatrical re-enactment or depiction of unlawful acts, insofar as this is permissible under the laws applicable to the contracting parties, e.g. with regard to artistic freedom, self-determination, equal rights, freedom of trade or freedom of expression.

9.2 The parties may agree at any time (also tacitly or by implication) that:

different parts of the T4T content modeling can take place on different dates and under different circumstances, i.e. the planning of the performance, the rehearsal of the performance, and the recording of the performance can take place, for example, on different days and possibly also at different locations; and

appointments do not necessarily have to be planned in advance, but can also take place spontaneously or be postponed by mutual agreement; and

the performance at the rehearsal does not have to be the same as the performance at the recording, and the rehearsal can therefore also serve, for example, to assess whether or how the further collaboration can be organized, or to rehearse a common or purpose-related or circumstance-related improvisation basis.

9.3 The Parties understand any unrecorded act which, in order to be lawful, would require the recording of that act or the purpose of the subsequent recording of that act, as a rehearsal of that act for the purpose of subsequent or later recording.

9.4 Each contracting party has the right to interrupt, cancel, delay or skip the performance if it is of the opinion that the recording will not lead to satisfactory or promising material.

9.5 Unless otherwise agreed:

the contracting parties accept any type of recording device, e.g. webcam, smartphone camera, camera, microphone or other recording devices and technical equipment that is useful for recording or production (hereinafter collectively referred to as "Equipment"); and

the Party intending to start recording on a date will carry the Equipment for that date, but in case of doubt the Adventurer is responsible for carrying or providing the Equipment; and

the performer decides through which media and in what manner and to what extent the recorded material is published, especially if the performer is obviously or tends to be the protagonist for the recorded material; and

both contracting parties are equally responsible for the production and the success of the production; and

each party has no expectations of the other party's level of professionalism in terms of production and performance.

9.6 Immediately before starting the recording, the Recording Party must expressly and unequivocally state that it wishes to start the recording and may only start the recording if the other Party again expressly agrees to be recorded and that the Recording Party may start the recording for this purpose.

9.7 The Parties agree that the Recorded Material will not be published unless both Parties expressly agree to publication after viewing the material, whereby the Parties are not obliged to justify their decision and each Party may use the Recorded Material for its own purposes and in confidence, e.g. to reflect on and optimize its own skills and expertise.

9.8 The contracting parties are aware that productions that take place within the framework of transactions initiated in the T4T App generally only take place between individual users with limited resources and limited professionalism. Each contracting party takes into account and respects the freedom of trade of the other contracting party. The degree of professionalism and the extent of the success of productions does not invalidate the fact that T4T content modeling takes place exclusively in the online entertainment, photo and/or video production industry.

9.9 The parties agree that if material is published by mutual agreement which was recorded by mutual agreement as part of the transaction, this material must also (or optionally only) be published as content in the T4T App, provided that this material is compatible with the Terms of Use. If the following is not otherwise agreed in this case, then:

only the performer is authorized to publish in the T4T; and

each contracting party waives its participation (including license fees) in any revenue that the other contracting party should generate through the publication of the material via its own user account in the T4T App.

9.10. If it is agreed that the Material will be published in the T4T App, each Party (even if it is identifiably depicted in the Material) hereby gives its express consent to the Party entitled to such publication to publish, use and exploit the Material to the fullest extent permitted by the Terms of Use (including the License Policy) to a Creator in the T4T App and grants it all legally required intellectual property rights (including copyrights) in the Material for the required period of time.

9.11. If Prohibited Acts pursuant to Section 9.1 letter d are re-enacted or depicted for the purpose of T4T Content Modeling, which one or both Contracting Parties actually perform regularly outside of this Agreement (e.g. without re-enactment, depiction or recording), this does not imply that it is not an artistic re-enactment or depiction within the framework of T4T Content Modeling. Rather, this implies the special acting skills of the respective contracting party in order to perform the re-enactment or representation realistically and thus enhance the quality of the material.

9.12. If Prohibited Acts pursuant to Section 9.1 (d) are re-enacted or depicted for the purpose of T4T Content Modeling in a location which, outside of this Agreement (e.g. without re-enactment, depiction or recording), is usually actually used to carry out these Prohibited Acts, this does not imply that the location is not a mere backdrop for the re-enactment or depiction within the framework of T4T Content Modeling. Rather, it implies the particular suitability of the location as a realistic backdrop to enhance the quality of the material.

10th T4T-Meeting

The purpose of "T4T-Meeting" is the verbal and non-verbal exchange of information and skills, and is limited to the following components and components that are useful, similar and indispensable to them:

Motivational talks, reduction of social inhibitions, development of social skills;

Tips and tricks, life hacks, sharing life experiences;

exchange business ideas or product or service ideas;

Life coaching, friendship coaching, relationship coaching, dating coaching;

Simulations of social scenarios, business games, role plays, Q&A;

Literature recommendations and exchange about literature;

Artistic exchange, inspiration, or creative or challenging conversations;

Philosophical, political or social exchange of information;

Cooking recipes and techniques, cooking together, culinary experiences, dinner;

Exchange on career, health, fashion, lifestyle, fitness or other topics;

Confidential conversations, relief of conscience, moral support;

Realization of the performance in a private, public or social environment;

Performance at events, business meetings or in other environments.

T4T massage

"T4T-Massage" is limited to the following components and components that serve them, are similar to them and are indispensable for them:

Actions that serve to relax and reduce stress; and

Actions that release tension in the muscles; and

relaxing conversations and playing relaxing music; and

Contact between skin, clothing and the use of utensils not uncommon in a massage (e.g. oil, lotion, feathers, ice cubes, heated stones); and

acts that are not sexual acts; and

acts that do not involve touching intimate areas; and

Acts that take place while the intimate areas of the contracting parties are covered.

Terms of use for adventurers

If you use the T4T App as an Adventurer or agree to the Terms of Use as an Adventurer, you also agree to these Terms of Use for Adventurers - please read them carefully.

introduction

These Adventurer Terms of Use are additional terms that apply to you when you use the T4T App as an Adventurer. In these Adventurer Terms of Use, "you" refers to you as an Adventurer. These Adventurer Terms of Use form part of your agreement with us.

definitions

All terms defined in Section 2 of the Terms of Use for all users have the same meaning in these Terms of Use for Adventurers. In addition:

"Booking Request" means the notification that a Performer receives in the T4T App that an Adventurer has made a declaration of intent to book a service from them and gives them the option to reject or confirm it.

"Booking confirmation" refers to the Performer's declaration of intent to provide a service or the service specified in the booking request to the Adventurer. The booking confirmation takes place, for example, when the performer submits his declaration of intent in the chat with the adventurer or by clicking on the corresponding web element (e.g. "Confirm request" or similar) in the booking request (or when visiting the adventurer's user profile).

further conditions that apply to your use of the T4T app

The following terms and conditions also apply to your use of the T4T app and you agree to them:

Our terms of use for all users; and
Our Privacy Policy - which describes how we use your Personal Data; and
Our Acceptable Use Policy - which describes how you may and may not use the T4T App; and
Our Complaints Policy - which sets out the procedure for you to complain to us about any aspect of the T4T App and how we deal with such complaints; and
The standard contract between Adventurer and Performer - which is not part of your agreement with us, but which you conclude with the respective Performer for every Adventurer-Performer transaction.

other conditions that may apply to your use of the T4T app

Insofar as the following conditions also apply to your use of the T4T app, you agree to them:

If you also use the T4T app as a Creator, then our Terms of Use for Creators also apply to you; and
If you are a Creator resident in the European Union or the United Kingdom, then our Platform-to-Business Regulation terms also apply to you; and
If you also use the T4T app as an explorer, then our terms of use for explorers also apply to you; and
If you also use the T4T App as a Creator and/or as a Discoverer, then our License Policy also applies to you; and
If you also use the T4T App as a Creator and/or as an Explorer, then our payment terms for Explorer-Creator transactions also apply to you; and
If you also use the T4T App as a Discoverer and/or as a Creator, the standard contract between Discoverer and Creator is not part of your agreement with us, but you always conclude it with the respective participant of a Discoverer-Creator transaction; and
If you also use the T4T app as a performer, our terms of use for performers also apply to you.

how do I set up an adventurer account?

5.1 You can select that you are an Adventurer when you register, or possibly in your user account if you did not do so when you registered. You will know if you have an Adventurer account if the role "Adventurer" is displayed in your user profile or if you have the function to send booking requests to Performers.

5.2 If you want to use the T4T App as an Adventurer but do not have an Adventurer Account or a feature in your User Account to activate an Adventurer Account, you can email us at support@titt4tat.com to ask us to activate an Adventurer Account for you. However, it is at our discretion whether we activate an Adventurer account for your user account or not.

5.3 Before you can enter into Adventurer-Performer Transactions, you may be required to (i) prove your age and/or identity, and (ii) provide us with additional information and documents if we have a legitimate interest in requesting them, and (iii) purchase a paid membership of the T4T App.

5.4 You warrant that you will only use the T4T App as an Adventurer if you are able, willing and authorized to do so under the laws applicable to you:

book services from Performers that require payment from you and pay for those services; and

to conclude the "Standard Contract between Adventurer and Performer" and to fulfill all obligations arising from it for you.

5.5 You agree in your user profile to either (i) enable the GPS function in your location settings, e.g. via a setting called "Use my actual location", "Enable location tracking" or any other name that suggests this purpose, or (ii) manually select or enter your location, including at least zip code, city and country, e.g. via a setting called "Select my actual location", "Customize location" or any other name that suggests this purpose.

5.6 You agree to add in your user profile (i) your basic information, i.e. at least date of birth, gender, sexual orientation, type of services you are interested in, body type, weight, and short description, and (ii) to set the filter criteria to decide whether or which Performers you want to see or find or from whom you want to book services.

5.7 You agree that you will always and without interruption activate your GPS function in the T4T App on the day of an appointment for which a service is agreed with a Performer, and will not suppress or falsify it through settings in your operating system or other software.

your assurances as an adventurer

You guarantee (i.e. you give us a legally enforceable promise):

6.1. that you:

you will not request, book, solicit, recommend or accept services that violate our Terms of Use (and in particular the Acceptable Use Policy) or applicable laws; and

request, book and accept only non-digital services that require the physical presence of you and the Performer at the same location, and only "Performances" within the meaning and limits of the standard contract between the Adventurer and the Performer; and

will not send booking requests to Performers from whom you cannot or do not wish to receive a service; and

will not send booking requests for services that you are unable or unwilling to receive or pay for; and

send booking requests only if you have a good faith belief that you are willing and able to perform the Services on time; and

will respond in a reasonable manner and within a reasonable time to booking confirmations and messages from Performers to whom you have sent a booking request; and

will not use your right to cancel bookings or not show up for a scheduled appointment for a service to chat with Performers without actually booking and paying for a service; and

will not provide any information or photos in your user profile or in messages to other users that are likely to mislead other users or cause them to accept booking requests from you or provide services to you based on false expectations; and

always describe and present yourself accurately and truthfully in your user profile and in messages to other users; and

will not rate other users for the sole purpose of having a particular impact on how other users think about or interact with that user or their user profile, but will always make ratings as accurately and objectively as possible; and

will not make bookings with the overriding intention of influencing the rating of your user profile or the user profiles of other users; and

report to us users who violate or threaten to violate the Terms of Use or applicable law; and

will not accept services from Performers if you feel or have any indication that they are not offering and providing the service voluntarily, e.g., based on the recommendation, encouragement, instruction or request of a third party or you; and

always behave respectfully towards performers and do not intentionally provoke or escalate disagreements or disrespectful behavior from performers; and

you ensure appropriate personal hygiene for the receipt of services, especially if the service involves physical proximity; and

you fully and unequivocally agree with the performer the terms and conditions of an adventurer-performer transaction that are necessary for you, e.g. start time, type, scope, duration, price, place of performance, nature of the place of performance, rules at the place of performance, etc.; and

use the T4T App only to simplify the implementation of your own intentions, which you would also have without using the T4T App, through the technical framework conditions of the T4T App; and

communicate adequately with the performer prior to an appointment for a service and provide them with sufficient information about you so that they can make a good assessment of whether they really want to provide the service and attend the appointment for the service; and

only make a booking if you have no expectations of the performer and the service other than to know whether (and, if the performance takes place, how) the performer may deliver the performance; and

only make a booking if you accept at your own expense the risk that the performer's service is unsatisfactory, or does not meet your agreements, or may not be provided at all; and

neither committing more compensation to the Performer in advance of the Performance nor spending more in advance of the Performance than you are willing to spend in total for your limited expectations of the Performance and the Performer; and

in the chat with performers, you will not take up more of the performer's time than is necessary to discuss important details of the transaction, unless the respective performer has further questions or offers to answer them.

6.2. that, unless you and the Performer demonstrably agree otherwise or the nature of your agreement makes this impossible, you will do so to the best of your ability:

keep the booking, the chats between you and the performer, the service, the address of the place of performance, and the identity (including any personal data) of the performer confidential, i.e. you will not intentionally or unintentionally give third parties the opportunity to obtain this information; and

ensure that only you and the performer are present at the place of performance and at the service, and that third parties do not have or cannot gain access to the place of performance, and that you will use reasonable efforts to prevent it if third parties nevertheless attempt to gain access; and

will not record the service and the performer, i.e. neither film nor photograph, nor record with a microphone or similar; and

ensure that adequate hygiene and sanitary facilities are available at the place of performance, which the performer can use without you, and which can only be opened and locked from the inside.

6.3. that you will not send booking requests, communicate with Performers, or request or use the services of Performers if you are currently or have at any time in the past been involved in the facilitation, encouragement or glorification of human trafficking, forced prostitution, rape or other coercion or extortion of non-consensual sexual activity; and

6.4. that you will only initiate services you arrange with third parties with whom you have initiated an Adventurer-Performer transaction via the T4T App within two years prior to that service as an Adventurer-Performer transaction via the T4T App, unless the service is not compatible with the Terms of Use or the transaction is not initiatable via the T4T App; and

6.5. that you will indemnify us in full against any claims, damages and losses (including loss of profit) arising out of any breach by you of any provision of clauses 6.1 - 6.4 and you acknowledge your full liability (including to third parties) whenever you are required to perform this warranty.

your promise to be considerate and attentive as an adventurer

7.1 You will in connection with Adventurer-Performer transactions:

not attempt to make an appointment with the performer at a location that may be unsafe or that the performer has already declined; and

either follow the rules that apply at the location of the appointment or that are set by the owner or tenant of the location, or leave the location immediately if you do not want to or cannot comply with these rules; and

not impose unmeasured rules on the performer at the venue if you are the owner or tenant of the venue, and will give the performer enough freedom to prepare for their performance on their own; and

if you are unsure whether you have not fully understood aspects of the performer's terms or details mentioned, ask the performer to explain them, and if this is not sufficient for your full understanding :

neither claim nor insist on claiming these aspects where they may affect rights of You or obligations of the Performer; and
either fulfill these aspects or refuse and cancel the continuation of the transaction if they may concern obligations of you or rights of the performer; and

not re-solicit or repeatedly request or solicit services or other aspects of the Adventurer-Performer Transaction that the Performer has already expressly declined; and

not try to negotiate the performer's prices; and

not attempt to induce the performer not to demand payment for the service in advance of the service; and

not try to get the performer to start the service before you have paid the performer for the service; and

not engage in any conduct or language toward the Performer that is disrespectful, discriminatory, abusive, threatening, extortionate, manipulative, dangerous, oppressive, coercive, or dishonest, or that creates such an impression; and

threaten or announce to the Performer that you intend to violate the Terms of Use or any applicable law, or actually do so in the presence (digital or physical) of the Performer.

7.2 You acknowledge and take into account in all your decisions in connection with the T4T App that no information we make available in the T4T App or on the T4T Website is to be understood as a recommendation, nor as an invitation to interact with other users in the T4T App, to arrange meetings with them , or to offer, request, provide or accept services of any kind.

7.3 If you become aware that a Performer is violating, attempting to violate, or threatening to violate the Terms of Use, your Agreement, or any applicable law in any way, you will immediately notify the Performer of the (impending) violation and will not encourage the violation to (continue to) occur.

7.4 You will duly inform us if you have reasonable suspicion or evidence that a Performer is being coerced or blackmailed into using the T4T App or providing services that are initiated as Adventurer-Performer transactions via the T4T App.

7.5 When notifying us in accordance with Section 7.4, please try to provide us with as much information as possible, such as the location of the Performer and any persons (or companies) you believe are exerting pressure on the Performer, as well as the place of residence of the Performer and such persons (or companies), contact details of the Performer and such persons (or companies), names of the Performer and such persons (or companies), and any other information that may be helpful in assisting the relevant authorities to take appropriate action. You can send the information to support@titt4tat.com or use a dedicated function in the T4T app (if available ), which can be, for example: "Someone urgently needs your help", or "I urgently need to help someone" , or similar.

7.6 Even if we are not obliged to do so, you give us your permission to store, process and evaluate your GPS data and chats with other users, e.g. to determine (or have to determine) whether a service or meeting has taken place or may have taken place, or to improve your safety or the safety of the performer by transmitting this data to authorities, especially if the performer should signal to us that he is in danger.

booking

8.1 If you send a booking request to a Performer, the Performer can reject or confirm it.

8.2 When the Performer confirms your booking request, you enter into an Adventurer-Performer transaction and the standard contract between the Adventurer and the Performer comes into force, in which you and the Performer are the only parties to the contract.

8.3. requests, statements or commitments that you or the Performer should make before the standard contract between the Adventurer and the Performer comes into force, but with regard to the Adventurer-Performer transaction, but which :

The use of the Website by you in a manner that is wholly inconsistent with the Terms of Use or applicable law shall not be deemed to be a declaration of intent, nor shall you construe it as a declaration of intent.

If any part of this Agreement is inconsistent with the Terms of Use or applicable law, it shall be deemed, and you understand it to be, a statement of intent only in those respects in which it is consistent with the Terms of Use and applicable law.

8.4 If, in relation to an already confirmed booking request, you become aware that:

You cannot or do not wish to receive a service from the respective Performer or cannot or do not wish to pay the agreed price, you will immediately use the cancellation function in the T4T App to cancel the respective booking; or

you are unable to attend the relevant appointment but wish to accept the service, you will immediately use the relevant function in the T4T App to offer the Performer an alternative appointment; or

the performer cannot keep the appointment and proposes an alternative appointment, and you wish to continue receiving the service (i.e. if you do not reject the alternative appointment proposal), you will endeavor to arrange an alternative appointment with the performer.

8.5 We are not a party to the standard contract between the Adventurer and the Performer and you are under no obligation to us to accept any services or other elements of the contract that you agree with an Adventurer from the Performer.

remuneration

9.1 Any compensation (e.g. payments or other favors) in connection with Adventurer-Performer transactions must be handled exclusively and directly between you and the Performer, and not through us (and not through the T4T App) or through third parties.

9.2 You warrant (i.e. you give us a legally enforceable promise) that you will not process or participate in the processing of any compensation in connection with Adventurer-Performer transactions, in whole or in part, through us or the T4T App, e.g. by using the T4T App:

request or solicit payment data or access to payment data from the performer, e.g. IBAN, email addresses for PayPal, crypto wallet addresses, or links to retrieve such data; or

offer or provide the performer with benefits or access to benefits, e.g. gift cards, vouchers, passwords, credit card information; or

acquire content or subscriptions from the performer as part of explorer-creator transactions , which actually serve the purpose of remunerating an adventurer-performer transaction ; or

misuse any function of the T4T app for this purpose, e.g. chat, profile description, user name, profile photos, videos; or

in any other way, e.g. symbols, code words or other.

9.3 Remuneration to the Performer, on the day a service is provided or in connection with Adventurer-Performer transactions:

which do not aim at consideration for the service ("performance" in the sense and within the limits of the standard contract between adventurer and performer), you will neither offer nor make; and

You will only do so for the purpose of receiving consideration for the service ("Performance" within the meaning and limits of the standard contract between Adventurer and Performer), and when you offer or perform them, you confirm that you intend only this purpose.

9.4 You warrant that you will not at any time seek to recover any remuneration you have already paid to a Performer in any way from the Performer or from us.

blocking or termination of your adventurer or user account and exclusion from the T4T app

We may suspend or terminate your Adventurer account or your user account at any time, and may also permanently exclude you from the T4T App, e.g. if:

You violate the Terms of Use (including these Terms of Use for Adventurers) or any applicable laws; or

you predominantly or frequently cancel bookings or postpone appointments, or do not respond promptly to messages from the relevant Performers between booking confirmation and appointment; or

your user profile has an overall poor rating due to the ratings of other users or repeatedly receives predominantly poor ratings over a period of time; or

a conspicuous number of users complain about you; or

we have information that indicates that you have breached the terms of a standard contract between Adventurer and Performer that you have entered into with a Performer, or have failed to fulfill your obligations to the Performer under such a contract.

responsibility

11.1 You, not we, are solely responsible for this:

whether and how you request, arrange, cancel, postpone, accept, terminate, suspend, evaluate, or otherwise engage in any aspect of Services; and

whether and which appointments and interactions take place between you and adventurers in the T4T app and outside the T4T app; and

where and from whom you receive services and what prices you agree or pay in what currency and how or whether you receive a service; and

Assess Performers prior to the service and not rely on profile ratings a Performer has received in the T4T App; and

what settings you make in your user profile and what information you disclose about yourself; and

that you fully understand every aspect of the Terms of Use and the Standard Contract between Adventurer and Performer; and

that you do not violate the terms of use and the laws applicable to you.

11.2 To the extent not prohibited by law, you warrant to indemnify us in full against any damages and losses that may arise in connection with Adventurer-Performer transactions (in particular if they arise as a result of your breach of the Terms of Use or the standard contract between Abenteurer and Performer) and you acknowledge your full liability for this (including to third parties) whenever you are required to fulfill this warranty.

Standard contract between discoverer and creator

introduction

This Standard Agreement between Discoverer and Creator (hereinafter also referred to as "this Agreement") governs each Discoverer-Creator Transaction between the Parties.

definitions

"Contracting parties" are the discoverer and creator between whom the discoverer-creator transaction takes place.

"App URL" refers to the Internet address "https://app.titt4tat.com".

"T4T App" means the digital platform, which is available e.g. via App URL (or after downloading the platform as an app), and via which the contracting parties initiate the Discoverer-Creator Transaction.

"Titt4Tat" refers to the company "Shachi AG", which operates the T4T app.

"Terms of Use" means the terms of use of Titt4Tat to which the contracting parties are subject through their use of the T4T App.

"Discoverer-Creator Transaction" (also referred to as "Transaction") refers to the legal transaction into which the contracting parties enter by their concurring declarations of intent in the T4T App.

"Transaction Object" means the consideration under the Transaction that the Creator must pay to the Discoverer in return for the Discoverer's payment.

"Discoverer" means the Contracting Party that pays the Creator to receive the Transaction Item from the Creator.

"Creator" means the contracting party that is paid by the Discoverer to make the Transaction Item available to the Discoverer.

"Content" is part of the subject matter of the transaction and refers to the work (or file, action or function) which the Discoverer may consume (or access or otherwise use as agreed) and for which the Creator grants the respective license to the Discoverer. Content may include, for example, those aspects listed in the definition of Content in the Terms of Use.

"Prepared Content" is content that has already been uploaded to the T4T App by the Creator prior to the transaction in order to offer it to Discoverers via the T4T App.

"Personalized content" is content that only has to be produced, designed or presented as agreed and individually on the basis of a transaction.

"Payment Processing" means and includes the same as described in the Payment Terms for Discovery Creator Transactions (which are part of the Terms of Use).

3rd contracting parties

The only parties to this agreement are the Discoverer and the Creator who participate in the transaction. The transaction and all provisions of this Agreement are solely between the Discoverer and the Creator. Titt4Tat and subsidiaries or agents of Titt4Tat are not parties to or part of this Agreement, nor do they grant any licenses or rights.

4 When and how does this agreement apply?

This Agreement shall enter into force each time a transaction is initiated between the Parties via the T4T App, to the exclusion of all other declarations of intent, statements, understandings, agreements, terms, contracts and provisions that are not part of this Agreement or are not referred to in this Agreement. This agreement legally binds the Discoverer and the Creator. Amendments, extensions and ancillary agreements to this Agreement shall not be effective either verbally or in writing.

mutual assurances

5.1 In order to establish a common basis of conduct upon which the Parties may rely in good faith, the Parties warrant that they have read, understood and accepted the Terms of Use, that they will not breach these Terms of Use and that they will at all times comply with their obligations under these Terms of Use, including (but not limited to) that:

the Creator has all necessary rights to the content of the Transaction Item in the manner and to the extent necessary to lawfully grant such rights to the Discoverer; and

the Discoverer will only exercise those rights to the Content which the Creator grants to it and only for the period during which such rights are granted to it; and

the Parties will not breach the Acceptable Use Policy (which forms part of the Terms of Use); and

the Parties will not initiate legal transactions without using the T4T App if they are similar to Discovery Creator Transactions and if they could also initiate them via T4T; and

the parties will process any payments in connection with Discovery Creator Transactions only through Titt4Tat and in accordance with the provisions of the Discovery Creator Transaction Payment Terms (which form part of the Terms of Use); and

the parties will not agree, accept or grant any licenses other than Permitted Licenses under the License Policy (which forms part of the Terms of Use); and

the Creator will not deliver the Transaction Item to the Discloser until the Discloser has made the agreed payment (i.e. until the Creator has been notified by Titt4Tat that the Discloser has made the payment; and

the discoverer accesses content at his or her own risk, provided there is no negligence or other breach of duty on the part of the creator.

5.2 Each Party warrants to the other Party that it will:

will not, under any circumstances, seek to hold Titt4Tat liable for any damages or losses arising from this Agreement; and

waives any claim against Titt4Tat in connection with this Agreement; and

to indemnify Titt4Tat in full against any claims arising from this agreement.

5.3 Each Party acknowledges its joint and several liability (including to third parties) whenever the guarantee provided under Section 5.2 must be fulfilled.

5.4 A contracting party that violates the Terms of Use shall be liable to the other contracting party for damages and losses that the other contracting party may have suffered as a result.

6th transaction

6.1 The declarations of intent of the contracting parties result from which function of the T4T App the contracting parties have used in which way and to what extent, and which information they have transmitted in the process.

6.2 The subject matter of the transaction results from the concurring declarations of intent of the contracting party via the respective function provided for this purpose in the T4T App, and is always to be understood in consideration of the Terms of Use.

6.3 The contracting parties agree that only declarations of intent that are compatible with the Terms of Use shall become part of this agreement and determine the nature and scope of the subject matter of the transaction.

6.4 Furthermore, the contracting parties agree that they will neither understand nor treat as declarations of intent any alleged declarations of intent that are incompatible with the Terms of Use and that they will not take any action or make any statements on the basis of such alleged declarations of intent. The contracting parties will not assert, raise, demand or attempt to enforce any claims, legal consequences, rights or obligations on the basis of such alleged declarations of intent.

6.5 The subject matter of the transaction includes that the Creator:

grants the discoverer the agreed license (subject to the terms of use) to the agreed content; and

ensures, for the duration of the license, that the discoverer can lawfully exercise the rights granted to it under the license to the content without infringing intellectual property rights; and

provides the Discoverer with the technical ability to access the Content if this is necessary for the Discoverer to exercise its rights, e.g. by the Creator enabling a function in the T4T App so that the Discoverer can consume or access (and if this is part of the license, download) the Content.

produces, designs or presents the content in the manner and to the extent agreed, provided it is Personalized Content.

6.6 The transaction is initiated (and this agreement comes into force) as soon as both contracting parties have made their concurring declarations of intent and have been notified by Titt4Tat that the transaction has been confirmed or initiated ("transaction confirmation").

6.7 If it is Prepared Content, then the Creator already formulates its declarations of intent when it offers the Content in the T4T App, and these formulated declarations of intent are only submitted automatically as soon as the Creator receives the transaction confirmation, unless the Creator has specified that it wishes to submit the formulated declarations of intent manually by confirming a transaction request.

6.8 If it is Personalized Content, the Creator makes its declarations of intent by confirming a notification of a transaction request.

6.9 The Discoverer formulates his declarations of intent by either requesting Personalized Content from the Creator or by initiating the purchase process for Prepared Content. The Discoverer makes their formulated declarations of intent by successfully paying the agreed price for the Transaction Item in advance of receiving the Transaction Item.

6.10. The Creator is only obliged to deliver the transaction item after the Discoverer has successfully made the payment of the agreed price. A payment is deemed to have been successfully made as soon as the Creator is notified by Titt4Tat that the payment has been successfully made (transaction confirmation), regardless of whether the Creator has already received the amount itself or can dispose of it.

6.11. In the case of Prepared Content, the Creator must deliver the Transaction Item within 7 days at the latest.

6.12. If it is Personalized Content, the Creator must deliver the Transaction Item within the period agreed, and if no period has been agreed, then at the latest within 14 days after the transaction has been initiated.

6.13. Despite deadlines within which the Transaction Item must be delivered by the Creator to the Discoverer, the Creator shall use reasonable efforts to deliver the Transaction Item as soon as possible and shall not delay it without justification or for unreasonable reasons.

6.14. If it is Personalized Content that needs to be delivered within an ongoing live stream, then the Creator will deliver the Transaction Item immediately and without delay.

subscription

If the subject matter of the transaction is agreed in the form of a subscription to the content on the Creator's user profile and payment by the Discoverer for this subscription at regular intervals, then the Discoverer acknowledges that:

content in the Creator's user profile can be changed or deleted at any time; and

the Discoverer may lose access to content in the Creator's user profile and the associated purchased licenses at any time and has no claim to this content and licenses; and

the Creator makes no guarantees to make new content available in its user profile or to respond to the wishes of the Discoverer in the design of content; and

the Discoverer takes out the subscription solely for the purpose of finding out whether or what content may or may not be available on the Creator's user profile in the future and has no expectations or claims with regard to possible content or the quality or type of possible content.

payment processing

8.1 The contracting parties agree that all payments in connection with transactions will be processed through Titt4Tat and guarantee that they will neither process such payments themselves nor commission third parties to process payments or otherwise circumvent payment processing by Titt4Tat. The contracting parties assure that they have authorized Titt4Tat to carry out the entire payment processing and waive any claims that would have the purpose or consequence, in whole or in part, that Titt4Tat may not exclusively carry out the entire payment processing.

8.2 All prices offered or agreed are net and subject to the applicable value added tax. VAT includes Swiss VAT and all other taxes levied in addition or in lieu thereof at the applicable rate, as well as all equivalent or similar indirect taxes and duties and customs duties or levies in any other jurisdiction.

8.3 The contracting parties shall each ensure that they fulfill their own tax obligations. Taxes include all forms of taxes and statutory, state, federal, provincial, local or municipal levies, duties and contributions regardless of whether they are levied in Switzerland or in another jurisdiction.

9 Chargeback, refund and revocation

9.1 A right of withdrawal for transactions is completely excluded. Unless otherwise agreed, refunds or chargebacks are only justified if the Creator does not deliver the subject of the transaction or does not deliver it as agreed. The Discoverer must accept certain deviations from his wishes for Personalized Content or from the description of Prepared Content, insofar as these are fulfilled in the basic aspects.

9.2 The non-fulfillment or incomplete fulfillment of individual details of the Content that go beyond basic aspects of the agreed Content or the fulfillment of unstated agreed aspects of the Content (insofar as these do not unreasonably affect the basic agreed aspects of the Content) shall not constitute a justifiable reason to initiate chargebacks or refunds or to take action to legally challenge the transaction.

9.3 The Parties guarantee that in the event of dissatisfaction of the Discoverer with the delivery or implementation of the Transaction Item by the Creator, they will always endeavor to find reasonable solutions together in order to establish the satisfaction of the Discoverer in this context, and the Discoverer guarantees that he will not leave any chargebacks, refunds or legal actions and that these are unjustified as long as he has not constructively tried to contribute to the solutions and has given the Creator the opportunity and a reasonable period of time to implement the solutions.

9.4 The Discoverer will not initiate unjustified payment refunds or unjustified chargebacks of credit card payments, and will always contact Titt4Tat Customer Service at support@shachi.ag and wait at least 48 hours for a response from Customer Service before initiating a refund or chargeback.

expiration of licenses

10.1 Any license granted by the Creator to the Discoverer under the Transaction may terminate (even without notice or notification) if the Discoverer:

when the duration of the license as defined in the license description expires; or

if the conditions agreed in the license description occur at the expiry of the license; or

defaults in the payment of any amount due in respect of any Transaction or has its payment reversed or canceled for any reason; or

if the discoverer exercises rights to content other than those granted to him; or

if the discoverer infringes intellectual property rights by exercising his rights; or

if the discoverer mentions the Creator's user name or civil name when exercising his rights, but is not permitted to do so; and

if the discoverer does not mention the user name or the civil name of the creator when exercising his rights, although he is obliged to do so; and

the Discoverer defaults on the payment of license fees due to the Creator; or

the discoverer conceals or withholds income or pays the creator less royalties than he is entitled to; or

the Creator has successfully asserted claims against the Discoverer and the Discoverer must pay for the Creator's damages or losses; or

the discoverer does not exercise rights to the content for an unreasonable period of time, which the creator should have granted him exclusively for the purpose of generating revenue and paying royalties to the creator from this revenue.

10.2 Access licenses, download licenses and other licenses for which the exercise of rights depends in whole or in part on functions in the T4T App (whether as a stand-alone license or as a sublicense) granted by the Creator to the Discoverer in the context of transactions may expire in the following cases, for example (and also without prior notice or notification):

in relation to pay-per-view (or pay-per-use or pay-per-minute), as soon as the Discoverer leaves the area in the T4T App in which the Content was made available to them; or

in respect of Subscriptions, if the Discoverer fails to make timely payment for the renewal of the Subscription for the relevant subsequent period or if the Creator has increased the price of the Subscription and the Discoverer fails to agree to such price in time before the start of the subsequent period of the Subscription; or

if the Discoverer's or Creator's user account is suspended or terminated for any reason; or

if the underlying content is removed from the Creator's user profile; or

if the underlying content is deactivated, in which case the license may be automatically reinstated if or when the content is reactivated; or

if the discoverer or creator deletes their own user account; or

if a function required to exercise the rights under the license is no longer available in the T4T App; or

if the respective license is no longer a Permitted License under the License Policy; or

if the discoverer has violated this agreement or the terms of use.

10.3 If the Creator becomes aware that a license of the Discoverer has expired and the Discoverer is not at fault, the Creator shall make reasonable efforts to notify the Discoverer of the expiration of the respective license.

10.4 If a license of the Discoverer expires because it is no longer a Permitted License under the License Policy, and if this license type in the License Policy is replaced by a new license type in the License Policy, the Creator grants the Discoverer (in case of doubt also tacitly) this replacement license for the remaining term during which the replaced license would still have applied, and the Discoverer accepts this new license (in case of doubt also tacitly).

10.5 The Discoverer may not assert any claims if a license granted to him by the Creator expires for a reason under Section 10.1 or 10.2.

10.6 The Discoverer may also not assert any claims if partial licenses have not expired in accordance with Section 10.2, but are affected by the expiration of other partial licenses to the extent that he should no longer be able to exercise the rights under the non-expired partial licenses (e.g. if the Discoverer has not downloaded a file in time and the download function is no longer available).

10.7 If the Creator owes the Discoverer royalties from income generated by the Creator through a license granted to him, but the Creator is in default of payment, or conceals or embezzles income (and this has been confirmed by Titt4Tat in each case), the Discoverer can:

reclaim the amount paid by it for the Transaction Item; or if this does not result in settlement of the amount due within a reasonable time

exercise any rights to the content concerned for as long as Titt4Tat expressly permits him to do so in individual cases in order to settle the amount due.

11 Legal basis and place of jurisdiction

11.1 This Agreement and all claims arising out of or in connection with this Agreement shall be governed by Swiss substantive law, excluding all conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods "CISG".

11.2 The place of jurisdiction shall be determined by the applicable law, unless the contracting parties agree otherwise.

general

12.1 If any provision of this Agreement is unenforceable or invalid, the remainder of the Agreement shall remain in full force and effect and the unenforceable or invalid provision shall be replaced by a provision that comes as close to its original intent as is legally possible.

12.2 Failure by either party to enforce any right under this Agreement shall not constitute a waiver of enforcement.

12.3 The Creator reserves all rights not granted to the Discoverer by a Permitted License.

12.4 No party grants or accepts any license or right in respect of any part of the T4T App (even by implication).

12.5 All formulations in this agreement which (e.g. for reasons of simplification) literally refer to only one gender shall always be understood and treated as if they were formulated in relation to the respective applicable gender.

Terms of use for performers

If you use the T4T App as a Performer or agree to the Terms of Use as a Performer, you also agree to these Terms of Use for Performers - please read them carefully.

introduction

These Terms of Use for Performers are additional terms that apply to you when you use the T4T App as a Performer. In these Performer Terms of Use, "you" refers to you as a Performer. These Performer Terms of Use form part of your agreement with us.

definitions

All terms defined in Section 2 of the Terms of Use for all users have the same meaning in these Terms of Use for Performers. In addition:

"Booking confirmation" refers to the Performer's declaration of intent to provide a service or the service specified in the booking request for the Adventurer. The booking confirmation takes place, for example, when the performer submits his declaration of intent in the chat with the adventurer or when the performer clicks on the corresponding web element (e.g. "Confirm request" or similar) in the booking request (or when visiting the adventurer's user profile).

"Performer Application" means your attempt to meet the requirements set out in Sections 5.3 - 5.6, which you must meet (to an extent at our discretion) before you may use the Performer Features.

"Performer Functions" refers to the functions of the T4T App that are reserved for Performers but to which there is no entitlement, e.g: (i) offering services and setting prices for these services, and (ii) receiving, confirming and rejecting booking requests, and (iii) setting available times, and (iv) using the calendar, and (v) setting filter criteria for who can see or find your user profile and who can send you booking requests.

further conditions that apply to your use of the T4T app

The following terms and conditions also apply to your use of the T4T app and you agree to them:

Our terms of use for all users; and
Our Privacy Policy - which describes how we use your Personal Data; and
Our Acceptable Use Policy - which describes how you may and may not use the T4T App; and
Our Complaints Policy - which sets out the procedure for you to complain to us about any aspect of the T4T App and how we deal with such complaints; and
The standard contract between Adventurer and Performer - which is not part of your agreement with us, but which you conclude with the respective Adventurer for every Adventurer-Performer transaction.

other conditions that may apply to your use of the T4T app

Insofar as the following conditions also apply to your use of the T4T app, you agree to them:

If you also use the T4T app as a Creator, then our Terms of Use for Creators also apply to you; and
If you are a Creator resident in the European Union or the United Kingdom, then our Platform-to-Business Regulation terms also apply to you; and
If you also use the T4T app as an explorer, then our terms of use for explorers also apply to you; and
If you also use the T4T App as a Creator and/or as an Explorer, then our License Policy also applies to you; and
If you also use the T4T App as a Creator and/or as an Explorer, then our payment terms for Explorer-Creator transactions also apply to you; and
If you also use the T4T App as a Discoverer and/or as a Creator, the standard contract between Discoverer and Creator is not part of your agreement with us, but you always conclude it with the respective participant of a Discoverer-Creator transaction; and
If you also use the T4T app as an adventurer, then our terms of use for adventurers also apply to you.

5 How do I set up a Performer account?

5.1 You can select that you are a Performer when you register, or possibly in your user account if you did not do so when you registered. You will know whether you have a Performer account if the role "Performer" is displayed in your user profile or if you have the functions to receive and accept booking requests or set working hours.

5.2 If you want to use the T4T App as a Performer but do not have a Performer Account or a feature in your User Account to activate a Performer Account, you can email us at support@titt4tat.com to ask us to activate a Performer Account for you. However, it is at our discretion whether or not we activate a Performer account for your user account.

5.3 You agree that you may be required to undergo an age and identity check before using the Performer functions. You allow us to carry out this verification manually and/or (partially) automatically via (third-party) software. You may be redirected to another website, and if this is the case, for security reasons we will inform you where you are being redirected to before redirecting you.

5.4 During the age and identity verification process, you may be required to upload photo(s) of your ID card and possibly take photo(s) or video(s) of your face in real time while showing your ID card to the camera. You may also need to provide a copy of a recent bill from your electricity or internet provider as proof of address. As an alternative to your ID card, we may, at our discretion, accept other documents for age and identity verification (e.g. driving license).

5.5 After the age and identity check, neither we nor the third party provider will store (unless there is a legal obligation or permission to do so), generally , any sensitive data that you have provided during the check, with the exception of the result of whether the verification was successful or not and, if applicable, with the exception of legally compliant encrypted data as proof. You warrant that you have read and accepted our Privacy Policy and (where a third party provider is involved) the privacy policy of the third party provider before you begin the age and identity verification process.

5.6 You agree to provide us with additional information and evidence at any time that we may request from you with legitimate interest . You may also be required to provide and authenticate your mobile phone number.

5.7 From time to time, we may require you to take reasonable steps to verify that the information described in sections 5.3 - 5.6 is accurate and up to date. Please ensure that this information is always accurate and up to date and relates to your legal name (or the name of your company if you are a business user), otherwise we may not allow or enable you to use certain Performer features.

5.8 We may reject your Performer application at our sole discretion and without cause. Reasons for rejecting may be, for example, that you have provided us with incomplete, false, contradictory or questionable information, or have violated the Terms of Use at any time. If we reject your Performer application retroactively after we have already approved your Performer account, we will inform you of the justified reasons for this.

5.9 When we notify you that your Performer application has been successful, you may use the Performer Features. As long as we have not done so, you may only use those Performer features that are required for the Performer application.

5.10. You agree in your user profile to either (i) enable the GPS function in your location settings, e.g. via a setting called "Use my actual location", "Enable location tracking" or any other name that suggests this purpose, or (ii) manually select or enter your location, at least zip code, city and country, e.g. via a setting called "Select my actual location", "Customize location" or any other name that suggests this purpose.

5.11. You agree to add in your user profile (i) your basic information, i.e. at least date of birth, gender, sexual orientation, type of service, body type, weight, prices, currency, short description and available times, and (ii) to set the filter criteria to decide whether or which other users can see or find your profile or send you booking requests.

5.12. We may, in our sole discretion, allow you to customize default chat settings and/or individual chat settings per user chat or based on other criteria, for example (i) how long or under what conditions users can send you messages, and (ii) automatic replies to users, and (iii) enter or customize keywords so that if a user has already used them or uses them in chat with you, these keywords are suppressed or the user is automatically blocked.

5.13. You agree that you will always and without interruption activate your GPS function in the T4T App on the day of an appointment for which a service is agreed for an Adventurer, and will not suppress or falsify it through settings in your operating system or other software.

your assurances as a performer

You guarantee (i.e. you give us a legally enforceable promise),

6.1. that you:

you will not recommend, offer, perform or advertise services that violate our Terms of Use (and in particular the Acceptable Use Policy) or applicable laws, or confirm booking requests relating to such a service; and

only offer, confirm and provide non-digital services that require the physical presence of you and the Adventurer at the same location, exclusively "Performances" within the meaning and limits of the standard contract between the Adventurer and the Performer; and

will not confirm booking requests from users for whom you do not wish to provide a service; and

will not confirm booking requests for services that you do not wish to provide; and

only accept booking requests if you believe in good faith that you are willing and able to provide the requested services on time and to a good standard; and

will respond to booking requests in an appropriate manner and within a reasonable time; and

will respond in a reasonable manner and within a reasonable time and to messages from Adventurers whose booking request you have confirmed; and

truthfully enter the days or times when you are available or unavailable in your user account; and

You will not use your right to cancel or refuse to provide services to a user at any time or not show up for a scheduled service appointment for your financial benefit; and

in your user profile or in messages to other users, do not provide information or photos that are likely to mislead other users or cause them to book services from you based on false expectations; and

always describe and present yourself and the services you offer accurately and truthfully in your user profile and in messages to other users; and

will not rate other users for the sole purpose of having a particular impact on how other users think about or interact with that user or their user profile, but will always make ratings as accurately and objectively as possible; and

will not confirm bookings with the overriding intention of influencing the rating of your user profile or the user profiles of other users; and

report to us users who violate or threaten to violate the Terms of Use or applicable law; and

you use the T4T App voluntarily, offer and provide your services voluntarily, i.e. without the recommendation, encouragement, instruction or request of any third party; and

always behave respectfully towards adventurers and do not deliberately provoke or escalate disagreements or disrespectful behavior from adventurers; and

you ensure appropriate personal hygiene for the provision of services, especially if the service involves physical proximity; and

fully and unequivocally agree with the adventurer on the terms and conditions of an adventurer-performer transaction that are necessary for you, e.g. start time, type, scope, duration, price, place of performance, nature of the place of performance, rules at the place of performance, etc.; and

use the T4T App only to simplify the implementation of your own intentions, which you would also have without using the T4T App, through the technical framework conditions of the T4T App; and

Inform yourself adequately about and communicate adequately with any Adventurer for whom you are considering providing services and, based on this, only make an appointment for a service if you have no doubt that all important aspects of the service and the appointment will be safe and without any relevant problems.

6.2. that, unless you and the Adventurer demonstrably agree otherwise or the nature of your agreement makes this impossible, you will, for your part, within the scope of your possibilities:

keep the booking, the chats between you and the performer, the service, the address of the performance location, and the identity (including any personal data) of the adventurer confidential, i.e. you will not intentionally or unintentionally give third parties the opportunity to obtain this information; and

ensure that only you and the Adventurer are present at the place of performance and at the service and that third parties cannot access or gain access to the place of performance, and that you will use reasonable efforts to prevent it if third parties nevertheless attempt to gain access; and

will not record the adventurer, i.e. neither film nor photograph, nor record with a microphone or similar; and

ensure that adequate hygiene and sanitary facilities are available at the place of performance, which the adventurer can use without you, and which can only be opened and locked from the inside.

6.3. that you will only initiate services that you agree with third parties with whom you have initiated an Adventurer-Performer transaction via the T4T App within two years prior to this service as an Adventurer-Performer transaction via the T4T App, unless the service is not compatible with the Terms of Use or the transaction is not initiatable via the T4T App; and

6.4. that you will indemnify us in full against any claims, damages and losses (including loss of profit) arising out of any breach by you of any provision of clauses 6.1 - 6.3 and you acknowledge your full liability (including to third parties) whenever you are required to perform this warranty.

your promise of caution and attention as a performer

7.1 You agree that you will decline or refuse any service or booking from an Adventurer if:

You think or feel that the meeting with that Adventurer or the location of the meeting with that Adventurer may not be safe; or

you do not have a good feeling about communicating with this adventurer; or

You think or feel that this Adventurer does not understand or does not fully understand what to expect from your service; or

this adventurer repeatedly requests or demands services that you have already expressly refused; or

this adventurer repeatedly tries to reduce agreed prices; or

this adventurer does not want to pay you in advance for the service; or

that Adventurer behaves or communicates in a manner that suggests that the Adventurer is disrespectful, discriminatory, abusive, threatening, extortionate, manipulative, dangerous, oppressive, pressuring, or dishonest, or if the Adventurer violates, threatens to violate, or announces a violation of the Terms of Use or applicable law.

7.2 You will report to us any persons or companies who force or blackmail you against your will to use the T4T App or to provide services that are initiated as Adventurer-Performer transactions via the T4T App.

7.3 If you report persons or companies to us in accordance with section 7.2, please try to provide us with as much information as possible, e.g. the location of you and these persons, the place of residence of these persons, the registered office of these companies, the contact details of you and these persons or companies, the names of these persons or companies, and any other information that may be helpful so that we can assist the relevant authorities in taking appropriate action. You can send the information to support@titt4tat.com or use a function provided for this purpose in the T4T app (if available), which can be, for example, "I urgently need your help" or "Please help me, it's urgent", or similar.

7.4 You acknowledge and take into account in all your decisions in connection with the T4T App that no information we make available in the T4T App or on the T4T Website is to be understood as a recommendation or an invitation to interact with other users in the T4T App, to arrange meetings with them, or to offer, request, provide or accept services of any kind.

7.5 If you become aware that an Adventurer is violating, attempting to violate, or threatening to violate the Terms of Use, your Agreement, or any applicable laws in any way, you will immediately notify the Adventurer of the (impending) violation and will not encourage the violation to (continue to) occur.

7.6 Even if we are not obliged to do so, you give us your permission to store, process and evaluate your GPS data and chats with other users, e.g. to determine (or have to determine) whether a service or meeting has taken place or may have taken place, or to improve your safety or the safety of the Adventurer by transmitting this data to authorities , especially if you should signal to us that you are in danger.

booking

8.1 You agree that Adventurers may send you booking requests to request services from you.

8.2 When you receive a booking request, you can view the user profile of the respective Adventurer and decide whether you want to confirm or reject the booking request.

8.3 When you confirm a booking request, you enter into an Adventurer-Performer transaction and the standard contract between the Adventurer and the Performer comes into force, in which you and the Adventurer are the only parties to the contract.

8.4 Any requests, statements or commitments that you or the Adventurer should make before the standard contract between the Adventurer and Performer comes into force, but in respect of the Adventurer-Performer Transaction, which, however:

The use of the Website by you in a manner that is wholly inconsistent with the Terms of Use or applicable law shall not be deemed to be a declaration of intent, nor shall you understand it to be a declaration of intent.

If any part of this Agreement is inconsistent with the Terms of Use or applicable law, it shall be deemed, and you understand it to be, a declaration of intent only in those respects in which it is consistent with the Terms of Use and applicable law.

8.5 If, in relation to an already confirmed booking request, you take note that:

you are unable or unwilling to provide a service for the respective Adventurer, you will immediately use the cancel function in the T4T App to cancel the respective booking; or

you are unable to attend the relevant appointment but wish to provide the service, you will immediately use the relevant function in the T4T app to offer the Adventurer an alternative appointment; or

the Adventurer is unable to keep the appointment and proposes an alternative date, and you wish to continue to accept the service (i.e. if you do not refuse the alternative date proposal), you will endeavor to arrange an alternative date with the Adventurer.

8.6 We are not a party to the standard contract between the Adventurer and the Performer and you are under no obligation to us to provide any services or other elements of the contract that you agree with an Adventurer to the Adventurer.

remuneration

9.1 Any compensation (e.g. payments or other favors) in connection with Adventurer-Performer transactions must be handled exclusively and directly between you and the Adventurer, and not through us (and not through the T4T App) or through third parties.

9.2 You warrant (i.e. you give us a legally enforceable promise) that you will not process or participate in the processing of any remuneration in connection with Adventurer-Performer transactions, in whole or in part, through us or the T4T App, e.g. by using the T4T App:

provide the adventurer with payment data or access to payment data, e.g. IBAN, email addresses for PayPal, crypto wallet addresses, or links to retrieve such data; or

request or accept benefits or access to benefits from the Adventurer, e.g. gift cards, vouchers, passwords, credit card information; or

encourage the Adventurer to purchase content or subscriptions from you as part of Explorer-Creator transactions that are actually for the purpose of rewarding an Adventurer-Performer transaction; or

misuse any function of the T4T app for this purpose, e.g. chat, profile description, user name, profile photos, videos; or

in any other way, e.g. symbols, code words or other.

9.3 Remuneration from the Adventurer, on the day a service is provided or in connection with Adventurer-Performer transactions:

you will not solicit or request, accept or agree to provide services that do not constitute consideration for the service ("Performance" within the meaning and limits of the standard contract between Adventurer and Performer); and

will always be understood as consideration for the service ("performance" in the sense and within the limits of the standard contract between adventurer and performer) , and if you request, demand, accept or agree to it, you confirm that you understand it to be just that.

9.4 You will not accept payment from an Adventurer in advance of an agreed service without intending to provide that service.

blocking or termination of your Performer or user account and exclusion from the T4T App

We may suspend or terminate your Performer account or user account at any time and may also permanently exclude you from the T4T App, e.g. if:

You violate the Terms of Use (including these Terms of Use for Performers) or any applicable laws; or

you predominantly or frequently ignore booking requests, cancel bookings, postpone appointments , or do not respond promptly to messages from the respective adventurer between booking confirmation and appointment; or

Your user profile has an overall poor rating due to the ratings of other users or repeatedly receives predominantly poor ratings over a period of time; or

a conspicuous number of users complain about you; or

we have information that indicates that you have breached the terms of a standard adventurer/performer contract that you have entered into with an adventurer; or

if we become aware of a tax offense on your part in connection with Adventurer-Performer transactions.

responsibility

11.1 You, not we, are solely responsible for this:

whether and how you describe, offer, arrange, cancel, postpone, provide, discontinue, interrupt, evaluate, advertise, or undertake any other aspect of services; and

whether and which appointments and interactions take place between you and adventurers in the T4T app and outside the T4T app; and

where and for whom you provide services and which prices you charge in which currency and how or whether the remuneration for your services takes place; and

Assessing Adventurers before and during a service and not relying on profile ratings that an Adventurer has received in the T4T App; and

what settings you make in your user profile and what information you disclose about yourself; and

that you fully understand every aspect of the Terms of Use and the Standard Contract between Adventurer and Performer; and

that you do not violate the Terms of Use or any laws applicable to you; and

that you report any compensation you receive in connection with Adventurer-Performer transactions to the tax authorities responsible for you in a timely manner, pay your taxes correctly and on time, and fulfill your other tax obligations.

11.2 We recommend that all Performers seek professional advice to ensure that they comply with their local tax and VAT regulations in respect of their individual circumstances.

11.3 To the extent not prohibited, you warrant to indemnify us in full against any damages and losses that may arise in connection with Adventurer-Performer transactions (and in particular if they arise because you have breached the Terms of Use or a standard contract between Adventurer and Performer), and you acknowledge your full liability for this (including to third parties) whenever you are required to fulfill this warranty.

License policy

By agreeing to the Terms of Use, you also agree to this License Policy - please read it carefully.

introduction

This License Policy applies to your use of the T4T App as a Discoverer and/or as a Creator in connection with Discoverer-Creator Transactions. This License Policy is part of your agreement with us and describes under which conditions which types of licenses are permitted in relation to Discoverer-Creator transactions and what must be observed with licenses. Except as otherwise provided in this License Policy, this License Policy does not apply to licenses and rights that users grant us to content under the Terms of Use.

definitions

All terms defined in Section 2 of the "Terms of Use for All Users" have the same meaning in this License Policy. In addition:

"License" is a general term for a legal permission to exercise certain rights to content. A license can contain several licenses or be part of a license.

"Partial license" is a component of a license. A sublicense could also function and be granted (e.g. sublicensed) on its own as an independent license.

"License Composition" means a bundle of different licenses to a content and can be compiled either by us or by a Creator. A license composition is to be understood and treated as one license.

"License Component" means a sublicense of a License Composition.

"License attribute" means a property of a license that describes, for example, the type or scope of how the rights under a license may be exercised.

"Linking Function" means a technical context of web elements in the T4T App that allows a Creator to assign a license to a Content to be granted to the Discoverer upon a successful Discoverer-Creator Transaction.

"License Description" is the description of a license to a Content that a Discoverer can see before entering into a Discoverer Creator Transaction. The discoverer acquires the corresponding license to the content when he successfully enters into this discoverer-creator transaction. The license description is only the description that is available within the context provided for this purpose in the T4T app.

"Permitted licenses" are the licenses listed in Section 7 of this License Policy, provided that they can be selected as a web element in the link function and are visible in the license description.

"Prohibited Licenses" means all licenses that are not Permitted Licenses and therefore do not become part of Discovery Creator Transactions. The licenses listed in Section 8 of this License Policy are some examples of Prohibited Licenses.

"NFT" refers to a non-fungible token, i.e. a unique and indivisible crypto asset that can only be acquired as a whole and only exists once.

your assurances to us

3.1 Only Permitted Licenses may be mentioned or used in connection with Discovery Creator transactions and licenses may only be assigned to content via the linking feature. You warrant (i.e. you give us a legally enforceable promise) that you:

will not at any time solicit, offer, grant, accept, acquire or advertise any Prohibited Licenses in any manner whatsoever, and will not attempt to do any of the foregoing; and

will only use the linking feature when adding licenses to content; and

will not add any licenses to content other than those that are available for you to select as a web element in the linking function; and

will not add any licenses (and license attributes) to Content other than those listed in Section 7; and

will not enter into Discovery Creator Transactions for which license information has been designated outside of the License Description; and

will neither add licenses to content nor enter into Explorer Creator transactions with licenses unless you fully understand what these affected licenses mean and what effect they will have if you grant or acquire them.

3.2 If you should acquire a time-limited license that you may grant (in whole or in part) to third parties and you do so, you may not grant this license for longer than the shortest remaining period during which you yourself may still exercise the rights to the license. In other words, a license that you grant to a third party must expire at the latest when the underlying license that you acquired for the grant expires, taking into account all factors that you should be aware of and that could cause the underlying license that you acquired to expire earlier than stated in the license description.

3.3 You warrant (i.e. you give us a legally enforceable promise) that for each license you grant, you own all intellectual property rights necessary for that grant as the sole author or have lawfully obtained or acquired them from the actual rights holders. To this end, you will use reasonable efforts to ensure (and document and demonstrate to us at any time upon our request) that you have been lawfully granted such intellectual property rights.

3.4 You guarantee (i.e. you give us a legally enforceable promise) that you will:

will not grant exclusive licenses which you yourself only have non-exclusively; and

will not accept exclusive licenses from users if you know that these users themselves only have non-exclusive access to these licenses;

will not grant exclusive or non-exclusive licenses within a period that you have already granted exclusively for that period; and

will not accept exclusive or non-exclusive licenses within a period of time for which you know that someone else already has exclusive rights for that period; and

will not grant any licenses without having the right to transfer, assign or sublicense them; and

will not exercise any rights that you do not own or are not licensed to exercise; and

will not exercise any rights that you have granted exclusively; and

whenever and wherever possible, you will make reasonable efforts to prevent third parties from being able to exercise rights through you without valid permission.

3.5 You agree that any representations in connection with a Discovery Creator Transaction that you should make or that are made to you that would have the purpose or effect of causing a Prohibited License to become the subject matter of a Discovery Creator Transaction (i) shall be deemed void, and (ii) you understand and agree that they are void, and (iii) shall not affect any otherwise valid and consistent representations.

naming the creator

4.1 If a discoverer exercises rights to content that are not limited to purely private consumption, the discoverer must name the username of the creator that this creator has in the T4T app when exercising these rights. This naming must take place in a manner appropriate to the respective exercise of the rights, i.e. the discoverer must ensure that all third parties who become aware of the exercise of rights (directly or indirectly) through the discoverer can also become aware of the creator's username at the same time, in a similar manner and without additional effort.

4.2 Section 4.1 also applies to content in which several creators are involved as authors, i.e. in this case the discoverer must name the usernames of all these creators.

4.3 If a discoverer has acquired a license that allows him to grant this license or partial licenses of this license to third parties, then this also obliges him to oblige each party to whom he grants rights under this license to name the Creator's user name when exercising their rights. This means that the obligation to mention the Creator's user name is inextricably linked to the license, and every party with rights to the content is subject to this obligation, regardless of how often rights to the content have been transferred, sublicensed or assigned.

4.4 Explorers may at no time mention the civil name of Creators unless a Creator has demonstrably permitted this in writing or if the user name that the Creator has in the T4T App should correspond to his civil name. If these conditions for the mention of a Creator's civil name are met, the mention may only take place in the manner and to the extent permitted by the Creator, and if the nature and extent are not clarified, the nature and extent shall be limited to the appropriate mention in the context of the exercise of the rights granted in accordance with Section 4.1.

4.5 The mention of user names (or civil names) in connection with licenses is always only a non-exclusive right (and never an exclusive right), regardless of any factors, i.e. even if any information, licenses, license attributes, or any other aspect should conflict with this.

rights and licenses outside the T4T app

5.1 Licenses and rights to Content may only be granted to Explorers. You warrant (i.e. you give us a legally enforceable promise) that without such permission, you will not grant licenses and rights to content available in the T4T App:

will not grant or accept any rights outside of the T4T App or without the functions provided for this purpose in the T4T App; and

to third parties or accept them from third parties if these third parties are not users of the T4T App.

5.2 If you are seeking individual permission for external licensing, you can email us at support@titt4tat.com and we will contact the rights holders and provide you with feedback if necessary.

5.3 If exploitation rights are granted which may be exercised outside the T4T App, the acquisition of these exploitation rights is accompanied by the obligation to report all income generated by the exploitation to us. We may, at our own discretion, provide a function for this purpose, which must then be used for this reporting. Without our express written permission, this obligation cannot be decoupled from exploitation rights, regardless of how often these exploitation rights are or have been transferred, sublicensed or assigned.

5.4 Any license fees (e.g. Creator license fees and Discoverer license fees) that should accompany licenses are subject to the "Payment Terms for Discoverer-Creator Transactions" and must always and exclusively be processed through us, regardless of whether rights are exercised inside or outside the T4T App, and also regardless of how often the underlying licenses are or have been transferred, sublicensed or assigned.

nature and scope of licenses, rights and exercise of rights

6.1 Whoever acquires a license is a Discoverer in this context (even if they have a Creator account). And whoever grants a license is a Creator in this context (even if they have a Discoverer account)

6.2 Unless otherwise stated in a license description or in the Terms of Use, all license attributes always apply to all components of a license (including sublicenses) and all rights under this license, i.e. license attributes are never to be applied in isolation, but all license attributes always work together and each right may only be exercised taking into account all license attributes.

6.3 The individual license components and license attributes of license compositions that we have compiled and described in Section 7.1 do not have to be listed in the license description. If such a license composition prepared by us is marked in the license description, this is a reference to the corresponding license composition from Section 7.1, which applies in the manner and scope described there and is therefore also the relevant component of the license description. Insofar as the linking function does not offer any possibility for this, the license compositions prepared by us in accordance with Section 7.1 may not (or cannot) be restricted, extended or otherwise changed by the Creator or the Discoverer when granting the license.

6.4 To the extent permitted by law, you warrant (i.e. you give us a legally enforceable promise) that if you have acquired a license that could be interpreted as defective or ambiguous in its nature or scope, you will limit the exercise of rights to those aspects of the license that leave no room for intersubjective interpretation as to whether or to what extent you may exercise them. You waive those rights and the exercise of those rights of which you cannot be sure whether or to what extent you may exercise them.

6.5 You warrant that before acquiring any licenses and before exercising any rights, you will ensure that you understand the licenses and whether and to what extent you may exercise which rights under these licenses, in particular by consulting (to the extent possible) with the Creator from whom you have acquired or intend to acquire the rights, and (to the extent necessary for your understanding) also by obtaining expert legal advice, taking into account the Terms of Use.

6.6 You can also contact support@titt4tat.com if you are unsure about licenses. However, any statements we make on this topic are at best a subjective interpretation of the individual circumstances and are not to be understood as legal advice, a recommendation or as legally fact-based information, and do not reflect the intentions and declarations of intent of the Creator with regard to the licenses.

6.7 Any information you obtain from us or third parties regarding licenses does not relieve you of your responsibility to comply with the Terms of Use and not to infringe the intellectual property rights of others.

6.8 To the extent permitted by law, any rights which you have acquired (or may have acquired) but which are not free from legal interpretation will be deemed from the outset never to have been acquired by you, and if you exercise such rights and someone makes a claim against you as a result, you will honor that claim unless it can be proved that you have lawfully acquired the rights in question to the extent required.

6.9 License attributes in a license description never restrict a license to the extent that it would no longer provide any framework for any form of lawful exercise of the associated rights within the license term. License attributes can therefore not restrict a license to such an extent that the license can no longer be used legally. For example, accessing or downloading content does not become unlawful because license attributes of a license composition, which also contains an access and download license, theoretically restrict the exercise of the access and download right in the only way in which access and download is possible or permitted.

6.10. If rights have not been mentioned or expressly granted in a license description, but are necessary for the lawful exercise of the rights mentioned or expressly granted in the license description, then these necessary rights are tacitly granted together with the granting of the other rights, so that the discoverer can lawfully exercise the rights acquired by him.

6.11. Rights to content that a user has already granted to us non-exclusively under the Terms of Use and later grants exclusively to someone else as part of a Discovery Creator transaction do not conflict with our rights to that content. The new exclusive rights holder acknowledges our non-exclusive rights and, in the course of acquiring these exclusive rights, implicitly grants us all licenses and rights to the affected content that it would grant to us under the Terms of Use (and subject to the provisions of the Terms of Use) if it were to upload the affected content to the T4T App itself as a Creator.

7 Permitted licenses

IMPORTANT: With the exception of the "Standard License", the licenses listed in this section are only Permitted Licenses if they are available to the respective Creator in the link function and are listed in the license description.

7.1 Prefabricated license compositions:

Standard License: Includes the right to access the Content in the manner and for the duration for which the Content is made available to the Discoverer in the T4T App. The duration is determined by the license description and the applicable transaction subject matter (in accordance with Section 10.1 of the Terms of Use for All Users) and, if applicable, other provisions of the Terms of Use. The content may be accessed via a web browser or via the browser-based or native T4T app. Downloading and saving of the Content is not permitted, with the exception of automatic caching for the period during which the license is granted. The discoverer may not show the content to others, allow them access or grant rights to the content, but may only exercise the rights alone and confidentially. Any license description labeled "Standard License" (or if there is no license description and the Transaction Item is neither a unique nor a fractional NFT) always refers to the Standard License. The Standard License is an access license that is non-exclusive, temporary, site-bound, internal, digital, personal, non-commercial, non-licensable, and royalty-free.

Open NFT License: Any license description with the designation "Open NFT License" (or if there is no license description but the transaction object is a unique NFT) always means the Open NFT License. The licenses to the file associated with the NFT and the license to the NFT (crypto token) itself are to be understood and treated separately.

The license to the file allows unrestricted worldwide digital access to the file to anyone, from any device and any platform that allows access to the original location of the file (i.e. to the URL from the metadata of the NFT's token URI). Downloading and saving the file itself (except for caching) is not permitted. The license to the file is an access license, and is non-exclusive, worldwide, perpetual, digital, freely-available, internal, limited-external, non-licensable, royalty-free; and limited-commercial to the minimum extent necessary for potential purchase or sale of the NFT.

License to the NFT: The discoverer has the exclusive right to hold the NFT in his crypto wallet. The NFT (but not the file) is unique and non-shareable, which means that no one other than the discoverer may (and can) hold the NFT in their crypto wallet as long as the discoverer does not send the NFT to a crypto wallet to which not only the discoverer has access. Neither the creator nor the discoverer nor anyone else may create additional NFTs associated with the file (or the contents of the file), but the creator may use the file (and the contents of the file) for other purposes. All licenses to the NFT are inextricably linked to the NFT, i.e., if the discoverer (or anyone who may own the NFT at any time) sends the NFT to another person's crypto wallet, then the discoverer assigns the license (i.e., grants and relinquishes the entire license to the NFT), including all rights to the NFT. This license (including the rights) is then received by the person who has access to the crypto wallet to which the discoverer sent the NFT. The license to the NFT can also be assigned outside the T4T app to persons who are not users of the T4T app. The discoverer (or anyone who should own the NFT at some point) has the exclusive right to sell the NFT on any NFT marketplace. A sale is the transfer (i.e. assignment of the license and all rights to the NFT) of the NFT in exchange for payment (usually in cryptocurrency or crypto tokens). If the creator has set license fees for the NFT, we automatically deduct the set percentage of the license fees from the sale price for each sale (on the secondary market) and add these license fees to the creator's revenue. The discoverer may not transfer the NFT to other blockchains or make it available there (bridging), unless we offer a technical possibility for this (e.g. if the original blockchain is migrated to a new or different blockchain by the majority blockchain operators). The license to the NFT is an access, processing and trading license, namely exclusive, worldwide, permanent, digital, public, limited-external, limited-commercial, assignable, (and also externally assignable), non-transferable, non-sublicensable, possibly with creator license fees (and possibly also internal if the T4T App has a crypto wallet function). The licenses to the NFT are limited in all aspects to the respective underlying blockchain.

Open NFT Fraction License: Corresponds to the Open NFT license, with the difference that the NFT consists of several similar tokens (fractions) that are all linked to the same file. This means that each individual fraction of this NFT is not unique. However, since each of these similar fractions can only be held by one crypto wallet at a time, the trading license for each individual fraction is still exclusive. The trading license for the entire NFT (all fractions taken together), however, is semi-exclusive and limited to the circulation (i.e. maximum available number) of fractions. The license for the file remains unchanged and corresponds to the Open NFT license. Any license that is marked as an "Open NFT Fraction License" in the license description (or if there is no license description but the transaction object is a fractional NFT (i.e. if a quantity greater than one is specified for the NFT)) is always an Open NFT Fraction License.

7.2 License components:

Access license: Includes the right to access and consume the content where and in the manner in which the content is made available by the creator (this refers to the digital location and digital function and not geographical aspects, which are regulated by other attributes). An access license is always a purely digital license. An access license alone allows neither downloading (if necessary, with the exception of intermediate storage for the duration of the license) nor processing of the content. An access license always exists, even if it is not mentioned in the license description, and can be extended or specified by other licenses or properties if necessary.

Download license: Is an extension of the access license and allows the content to be downloaded and saved. Unless otherwise specified, storage is limited to those devices with which the user downloads the content. A download license only exists if the license is marked as a "download license" in the license description.

Processing license: Means that the discoverer may store the content (unless restricted by license attributes) on all his own devices, carriers and private clouds and consume it with or from these. The discoverer may also send the content to himself for these purposes (if online, e.g. by e-mail, then only in encrypted form). In addition, the discoverer may also convert or technically reformat the file format for the purpose of consumption via the respective devices or carriers. A processing license only exists if the license is marked as a "processing license" in the license description.

Trading license: Means that the discoverer may sell the content (and possibly the license and the associated rights to the content) and possibly buy it back (i.e. trade or trade), e.g. to profit from fluctuations in the market value of the content. If a trading license is not described otherwise in the license description, then the trading license is inseparably linked to the content, i.e. the sale of the content is also the assignment of the trading license to the buyer (assignable license). A trading license is always a limited commercial license for the purpose of trading. A trading license only exists if the license is marked as a "trading license" in the license description.

7.3 License attributes:

=> Output

non-exclusive: Means that a creator can grant the license to one discoverer and an unlimited number of third parties, and therefore there is no limited edition of this license. Any license that is marked as "non-exclusive" in the license description or if the license description does not contain any information about the edition or exclusivity is always a "non-exclusive" license.

Semi-exclusive: Means the same as "non-exclusive", with the restriction that the creator may only grant the license to a limited number of third parties, and therefore the number of copies of the license is limited. Any license description that states that the license is available or granted more than once, but only in a limited edition, is a semi-exclusive license. A license that is marked as "semi-exclusive" in the license description, but does not indicate any limitation or conditions for limiting the number of licenses, is not a semi-exclusive license, but a non-exclusive license.

Exclusive: Means that the creator may only grant the license once, i.e. the license has only one condition. In addition, the discoverer himself waives the rights that he grants with the license (assignment of license). The discoverer becomes the sole owner of the rights under this license, and only the discoverer may exercise these rights. The discoverer may assert claims against third parties who exercise rights under this license without the permission of the discoverer. To the extent that the exclusive rights would conflict with any non-exclusive rights we have in the Content, the provisions of Section 6.11 shall apply. An exclusive license only exists if the license is marked as "exclusive" in the license description.

Platform

internal: Means that the Discoverer may only exercise the rights associated with the license within the T4T App and within the functions available in the T4T App for the purpose of exercising these rights (which also means that it is also a digital license). Any license that is marked as "internal" in the license description, or if the license description does not indicate any information about platforms (e.g. neither internal nor external nor specific platforms), is always an internal license.

external: Means that the discoverer may only exercise the rights to the content outside the T4T app. An external license only exists if the license is marked as "external" in the license description. A license marked as internal and external in the license description means that the discoverer may exercise the rights both inside and outside the T4T app.

limited-external: Means the same as an external license, but with restriction to specific platforms. It is a limited-external license if the license description specifies certain platforms on which the rights to the content may and/or may not be exercised.

Durability

Temporary: Means that the license is only granted for a limited duration and the rights to the content may only be exercised for a limited time. The license description can define a fixed duration or make it dependent on conditions. Any license that is not marked as "permanent" in the license description is a temporary license. The respective duration may also result from the context of the license description in connection with the Terms of Use (in particular in relation to the respective transaction object in accordance with Section 10.1 of the Terms of Use for all users).

permanent: Means that the license and the rights to the content are granted without time limit (i.e. forever), unless there are reasons to the contrary (e.g. in the terms of use, or by applicable laws, or by license assignment). A permanent license only exists if the license is marked as "permanent" in the license description.

Claim

non-commercial: Means that the license and the rights to the content may not be exercised for profit, i.e. the exercise of the rights may not be directly or indirectly connected with advertising, sales, the generation of profit or turnover or other commercial activities, but may only serve the purpose of free and recreational entertainment for natural persons. Companies or businesses may not acquire this license or exercise rights to it. Any license that is marked as "non-commercial" in the license description or does not contain any information on commerciality is always a non-commercial license.

Limited-commercial: Means that the license and the rights to the content may be exercised for certain purposes against the background of the intention to make a profit or for certain commercial purposes. These permitted commercial purposes must be identified in the license description or result from the fact that certain purposes are excluded in the license description. A license that includes certain commercial purposes in the license description and is marked as "limited-commercial" or "commercial" refers to a limited-commercial license. A license that excludes certain commercial purposes in the license description must be marked as "limited-commercial" in order to be a limited-commercial license, otherwise it is merely a non-commercial license. A license that is marked as "limited-commercial" in the license description but neither includes nor excludes commercial purposes is only a non-commercial license.

Technology

digital: Means that the license and rights to the content may not be exercised for the purpose of consuming, using or making the content available via non-digital or physical media and carriers (e.g. analog devices without software, or CDs, DVDs, vinyls, cassettes, paper, cloth, etc.). The exercise of the rights in digital file formats (e.g. MP4, MP3, PNG, JPG, etc.) on digital devices (i.e. PCs, notebooks, tablets, smartphones, game consoles, and USB sticks) is permitted, unless otherwise specified. Any license that is marked as "digital" in the license description, or is marked neither as "digital" nor as "physical", always refers to a digital license.

Room

location-based: Means that the rights to the Content may be exercised by the Discoverer only where the Discoverer is located at the time the rights are exercised, within a radius no greater than is necessary for the reasonable exercise of the rights. Any license that is not marked as "regional" or "worldwide" in the license description, or does not contain any information about location, is always a location-based license.

regional: Means that the license and the rights to the content may only be exercised in certain areas (territories) (e.g. continents, countries, states, cities). A license description that includes and/or excludes certain countries always refers to a regional license. If a license is marked as "regional" in the license description without naming specific regions, the license is not a worldwide license, but merely a location-based license.

Worldwide: Means that the license and the rights to the content may be exercised without regional restriction. A worldwide license only exists if the license is marked as "worldwide" in the license description. A license description that identifies a license as "worldwide" but also excludes regions is not a worldwide license, but a regional license.

Openness

personal: Means that the rights to the content may only be treated and exercised confidentially, i.e. the discoverer must ensure that third parties have no opportunity to participate (e.g. observe) when the discoverer exercises his rights. Any license that is marked as "personal" in the license description or does not contain any information on confidentiality is always a personal license.

Private: Means that the rights to the content may be exercised by the discoverer within a small private circle of people (e.g. showing it to friends), provided that they are all physically located in the same place (inaccessible and not visible to others) as the discoverer and no one is subsequently able to exercise the rights independently without the discoverer. These persons may therefore passively participate in the exercise of rights, but the rights owner must have full control over who can participate. A private license only exists if the license is marked as "private" in the license description.

Public: Means that the rights to the content may also be exercised in such a way that an unlimited number of third parties can witness it when the discoverer exercises his rights. The discoverer therefore does not have to control who passively participates when he exercises his rights, nor does he have to ensure that no one has the opportunity to exercise the rights independently without the discoverer. A public license only exists if the license is marked as "public" in the license description.

freely available: Means that the rights under the license may be exercised by anyone without the need for an active grant or permission. The mere exercise of the rights contained in this license automatically leads to the free acquisition of this license. A freely available license only exists if the license is marked as "freely available" in the license description.

License

non-transferable: Means that the discoverer may not grant the license in its entirety to a third party while retaining all rights under the license itself. In other words, the discoverer may not reproduce the license. A license description that is marked as "non-transferable" or "non-licensable" or contains no information on transferability or licensability always refers to a non-transferable license.

transferable: Means that the discoverer may grant the license in its entirety to a third party, provided that the discoverer retains all rights under the license. The discoverer may reproduce the license. A transferable license only exists if the license is marked as "transferable" in the license description.

limited-transferable: Means the same as "transferable", but with certain restrictions, e.g. how often the license may be transferred, or under what conditions. If a license is marked as "limited-transferable" in the license description, but without specifying restrictions and conditions, it is a transferable license. If a license is marked as "transferable" or "limited-transferable" in the license description with restrictions, it is a limited-transferable license.

non-sublicensable: Means that parts of the license or individual rights to the content may not be transferred (reproduced) by the discoverer to third parties. A license description that is marked as "non-sublicensable" or "non-licensable", or does not contain any information on sublicensability or licensability, always refers to a non-sublicensable license.

Sublicensable: Means the same as "transferable", but with the possibility that the discoverer may also transfer individual parts of the license or individual rights from the license to third parties at his own discretion. A sublicensable license only exists if the license is marked as "sublicensable" in the license description.

limited-sublicensable: Means the same as "sublicensable", with the restriction that the discoverer cannot decide for himself which parts of the license or which individual rights from the license he may transfer. Which partial licenses or individual rights the discoverer may transfer and under what conditions must be regulated in the license description. A license that is marked as "limited sublicensable" in the license description but does not specify any sublicenses or individual rights that can be sublicensed is a sublicensable license without restrictions. A license that is marked as "sublicensable" or "limited sublicensable" in the license description and specifies sublicenses or individual rights that may be sublicensed is a limited sublicensable license.

non-assignable: Means that the discoverer may not grant the license (including all rights) to third parties if he himself waives the license (including all rights). A license description that is marked as "non-assignable" or "non-licensable" or contains no information on assignability or licensability always refers to a non-assignable license.

Assignable: Means that the discoverer may grant the entire license (including all rights) in full to a third party if he himself waives the license (including all rights). An assignable license only exists if the license is marked as "assignable" in the license description.

limited assignable: Means the same as "assignable", but with the restriction to certain conditions under which the license assignment may take place or, if applicable, which parts of the license or which individual rights may be assigned. A license that is identified in the license description as "limited assignable" or "assignable" and identifies restrictions or conditions under which a license assignment may take place or does not identify partial licenses or individual rights that may be assigned is a limited assignable license. A license that is marked as "limited assignable" in the license description but does not indicate any restrictions or conditions under which the license assignment may take place or does not indicate any sublicenses or individual rights that may be assigned is not a limited assignable license but an assignable license.

non-licensable: Means that the license and the rights to the content are non-transferable, non-sublicensable and non-assignable. I.e. the Discoverer may not grant the license and rights to third parties under any circumstances and in any way. Any license that is marked as "non-licensable" or not licensable at all in the license description is always a non-licensable license.

restricted-licensable: Means that the license and the rights to the content are neither non-licensable nor unrestricted-licensable. The type and scope of licensability is defined by the description of transferability, sublicensability and assignability.

Favoritism

with creator license fees: Means that the Creator is entitled to a share of all revenue that the Discoverer should earn by exercising its acquired rights to the Content and that the Discoverer is obliged to pay this share ("Creator Royalties") to the Creator by means of payment processing through Titt4Tat. A license with Creator Royalties must therefore be marked as such in the license description and state a percentage for the amount of these royalties. If no percentage for these license fees is specified in the license description despite the marking of creator license fees, no license fees are due.

with discoverer license fees: Means that the Discoverer is entitled to a share of any revenue that the Creator should earn from the Content for which the Discoverer is granted the right to receive royalties and that the Creator is obligated to pay that share ("Discoverer Royalties") to the Discoverer through payment processing by Titt4Tat. A license with explorer royalties must be marked as such in the license description and state a percentage for the amount of these royalties. If no percentage for these license fees is specified in the license description despite the marking of explorer license fees, no license fees are due.

royalty-free: Means that neither the creator nor the discoverer is entitled to royalties. Any license description that is marked "royalty-free" or contains no information on license fees always means a royalty-free license.

9 Who is responsible for what?

9.1 If you are not a Creator, you may first need a Creator Account in order to be able to acquire certain licenses or to be able to exercise rights under certain licenses that you have already acquired. We are not obliged to provide you with a Creator Account. If you do not have a Creator Account and purchase a license, you purchase it with the knowledge and at your own financial and legal responsibility that you may not be able to exercise the rights under the license.

9.2 Creators may need an Explorer Account in order to be able to purchase licenses at all. We are not obliged to provide you with a Discoverer Account.

9.3 Any Discoverer-Creator transactions are agreements made solely between Discoverer and Creator. We are never a party to such agreements and are not responsible for such agreements or for any legal consequences between Discoverers and Creators arising from such agreements.

9.4 Our Terms of Use (including this License Policy) apply only between you and us, and govern your use of the T4T App, including your rights and obligations to us, and govern our rights and obligations to you that arise when you use the T4T App to enter into agreements with other users, and when you enter into or have entered into such agreements with other users.

9.5 You may refer to provisions from our Terms of Use in your agreements with other users and include them in the contractual relationship between you and the other user, but this will only affect your agreements with the other users and will not make us a party to your agreement.

9.6 You warrant and acknowledge that your use of the T4T App is solely for the purpose of interacting with other users and to facilitate your own endeavors (which you have even without the T4T App) through the functions of the T4T App, e.g. to standardize the agreements you wish to make with other users through the restrictions and framework conditions of the T4T App.

9.7 To the extent permitted by law, you warrant (i.e. you give us a legally enforceable promise) that you will fully indemnify us against any claims, damages and losses (including loss of profit) arising (i) from any breach by you of this License Policy or any applicable law, or (ii) from any breach of this License Policy or any applicable law by us or any third party due to your negligence, or (iii) from any consent or agreement by you to any provision of this License Policy, or (iv) from your responsibility or obligations under this License Policy. consent or agreement by you to any provision of this License Policy, or (iv) result from your responsibilities or obligations under this License Policy.

9.8 To the extent permitted by law, you acknowledge your full liability (including to third parties) whenever you are required to perform the warranty you give us in clause 9.7 and agree that you will perform that warranty immediately, in particular if we have information indicating that any provision of clause 9.7 applies because:

You cannot exercise rights that you have acquired because the exercise is only possible via functions in the T4T app, but are not available to you; or

you have not actually acquired rights that you thought you had acquired; or

the nature or extent to which you believed you were acquiring rights did not correspond to the nature or extent to which you actually acquired them; or

you have granted rights in a manner or to an extent in which you did not intend to grant them; or

you have granted rights that you did not intend to grant; or

You have acquired or granted Prohibited Licenses; or

You have purchased or granted licenses outside the T4T App; or

you have granted licenses to someone who is not a user of the T4T app; or

you must fulfill, or cannot fulfill, or have not fulfilled, obligations that you have acquired together with rights; or

we exercise rights that you have granted us; or

you have granted exclusive or non-exclusive rights to others that are exclusive or non-exclusive to us; or

You mention or fail to mention the username or real name of a Creator when exercising rights in any way; or

another user, a third party or an organization mentions or fails to mention your username or civil name in the exercise of rights in any way; or

You have not fully understood any licenses, rights or obligations relevant to you and may have made statements or taken actions based on this lack of understanding; or

you have not understood a license description in the context of the relevant provisions of our Terms of Use and may have made statements or taken actions based on this lack of understanding; or

you did not seek professional legal advice on a license before making a declaration of intent in relation to that license, even though this would have been necessary for your understanding; or

Although you were able to do so, you did not consult with that Creator about a license before you acquired that license from that Creator and before you exercised any rights under that license; or

You and a user interpret licenses or rights differently; or

third parties exercise certain rights or licenses in your content that they have not acquired from you or from third parties; or

third parties do not exercise and, if applicable, do not return the rights they have acquired from you and, if applicable, do not waive or continue not to exercise them in the future; or

you do not exercise those rights that you have acquired and, if applicable, do not return them and, if applicable, do not waive or continue not to exercise them in the future; or

third parties or you challenge their or your grant of rights or otherwise challenge the exercise or non-exercise of your or their rights; or

You have granted or not granted a license or have acquired or not acquired a license.

9.9 To the extent permitted by law, you warrant (i.e. you give us a legally enforceable promise) that you will direct any claims in connection with licenses you grant to or acquire from third parties or in connection with other circumstances between third parties and your licenses or between you and the licenses of third parties, not against us, but against those third parties.

9.10. If you (or representatives on your behalf) make a claim against us despite the provisions in Section 9.9, this shall (to the extent legally permissible) also be deemed to be your legally effective declaration that if we reject these claims, you waive the assertion of these claims and recognize their basis as null and void.

Guideline for permissible use

By agreeing to the Terms of Use, you also agree to this Acceptable Use Policy - please read it carefully

this Acceptable Use Policy contains examples of what is prohibited in the T4T App, unless you are aware of the relevant aspect.

2 All terms defined for all users in Section 2 of the Terms of Use have the same meaning in this Acceptable Use Policy.

you may not use the T4T App for any purpose other than your own personal use and you may not sell, rent, transfer, share or otherwise make your user account and access to your user account available to third parties.
you may not sell, rent, transfer, sublicense, or otherwise exercise rights that you do not have to third parties for content and licenses that you have acquired through the use of the T4T App. You may only exercise those rights to Content if and to the extent and for the period of time for which such rights have been granted to you by a Creator as part of a Discovery Creator Transaction and only if such rights are fully compliant with the Terms of Use, and in particular with the License Guidelines and these Acceptable Use Guidelines.
use the T4T App only in a lawful manner and for a lawful purpose that is consistent with our Terms of Use.
you may not offer, solicit, accept, request, promote, upload, download, publish, distribute, send, post or participate in any performance, service, product, content or other matter (hereinafter referred to as "Matter") on the T4T App if it is unlawful, fraudulent, defamatory, hateful, discriminatory, threatening, harassing, or incites violence or illegal activity.
do not use the T4T App in a way that could exploit, harm or attempt to exploit or harm people, for example by exposing them to inappropriate matters, involving them in matters or referring to them through matters.
you may not offer, solicit, accept, request, promote, upload, download, publish, distribute, send, post or participate in any matter on the T4T App if it shows, involves, or in any way relates to or is connected with the following:

one or more persons under the age of 18; or

one or more persons from whom you have not obtained and documented written proof of their age, identity and consent for all possible effects of the facts in connection with T4T App; or

firearms, weapons or other goods whose sale, possession or use is prohibited or subject to legal restrictions; or

Drugs, drug paraphernalia; or

Self-harm, suicide; or

incest, sodomy, bestiality, brutality, cannibalism, necrophilia; or

Violence, rape, lack of consent, hypnosis, photosensitivity, anesthesia, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting or genital mutilation; or

Urine, feces, vomit; or

"revenge porn" (any sexually explicit material featuring individuals who have not previously given their explicit and fully informed consent for such material to be recorded, captured or otherwise memorialized and published, shared and used in all other possible ways on the T4T App); or

brothels, strip clubs, sex clubs, adult movie theaters, escort agencies, escort services, human trafficking or prostitution; or

People who are not users of the T4T app;

unsolicited sexuality or unsolicited language that sexually objectifies another user or person in a non-consensual manner or contains false or manipulated sexual aspects regarding another user or person (including "deepfakes"); or

Hate speech and discrimination (whether or not intended to denigrate, humiliate, dehumanize, exclude, attack, threaten or incite hatred, fear or violence against any group or individual), e.g. in relation to ethnicity, origin, nationality, immigration status, caste, religion, gender, gender identity, sexual orientation, sexual preference, age, weight, genetics, appearance, disability, medical condition, dietary preference, political affiliation, political party affiliation, veteran status, or any other aspect; or

Nudity broadcast or recorded in a country, state or province where public nudity is illegal; or

sexual activity that is broadcast or recorded in a public place where the public is reasonably likely to see the activity being performed and this is not permitted; or

Create any impression that we or any other person or entity approve, license or endorse anything; or

cause or encourage inconvenience or anxiety to any person, or cause alarm, embarrassment or serious offense to others; or

money or other benefit in exchange for the removal of content; or

advertising for third parties or your own activities outside the T4T App without our prior permission (other than Performances in accordance with the Terms of Use), e.g. products, services, company names, activities, services or sales, contests, sweepstakes, promotions, product placement, job postings or advertisements, etc.; or

Competitions, raffles, swap meets, classified ads or snowball systems;

Racism, fascism, national socialism, fundamentalism, extremism; or

statements or actions that are likely to disturb the public peace; or

calls for demonstrations, assemblies or other political actions; or

political statements, such as support for or criticism of forms of government, parties or politicians or laws, actions or statements by states, parties or politicians.

Note: "T4T App is an internationally available platform with users from different countries who have grown up in different ways, each of whom has an individual identity and represents or does not represent different political and cultural values. All users must respect this. T4T App is not a platform for the exchange of political views. This is not a restriction on freedom of expression, as every user has the opportunity to use numerous other platforms that are far better suited to expressing political views. Nobody is forced to use the T4T app. We want to create a platform where every individual feels comfortable and can express themselves free of political views, so that people from different backgrounds can find each other without prejudice."

do not use the T4T app to stalk, bully, insult, harass, threaten or intimidate others.
do not use the T4T app for misleading or fraudulent behavior or for behavior that is likely to mislead or deceive other users.
do not violate any intellectual property rights (e.g. copyrights, trademarks, confidential information, company values, personal rights, privacy and data protection rights), e.g. by recording, reproducing, sharing, communicating to the public or otherwise violating protected content without license and permission.
do not impersonate us, act on our behalf, suggest any partnership with or sponsorship of us, or do or cause to be done anything which suggests a connection between you and us which is untrue; and do not do any of the above in relation to our employees, agents, suppliers or other companies or persons with whom we are associated.
do not provide false information when registering and do not use other people's information or content without authorization.
do not initiate, encourage or refer to anything that is spam or scam.
do not take or cause to be taken any measures with the intention or effect of artificially increasing the impressions of your user profile or your content or the user profile or the content of third parties (e.g. likes, reactions, comments, hits, views, reposts, followers, etc.), or to take any other measures that lead to false, misleading or repeatedly identical impressions or to impressions of low quality.
Do not transmit, stream or post any pre-recorded audio or video material during a live stream or attempt to output pre-recorded material as a live stream unless (i) it is a so-called "reaction video" or "reaction live stream", and (ii) you clearly state this in the title of the content, and (iii) you have obtained all necessary rights from the creator of the material through a license consistent with the Terms of Use as part of a Discovery Creator Transaction, and (iv) this material is the core of the content you have created and is displayed in the full screen of that content, and (v) you annotate the content for at least one third of the total length of that content, and (vi) you mention the creator of the material as a hashtag in the title of the content and link to their user profile, and use the tagging feature (where available) to tag the creator.
do not use any other medium or method (e.g., the use of code words or signals) to communicate anything that violates this Acceptable Use Policy or any provision of the Terms of Service.
do not reproduce, print, edit, modify, publish, store, transmit, process, upload, download, exploit or broadcast any Content unless you are permitted to do so under the Terms of Use, or by our permission or by a license consistent with the Terms of Use that you obtain from a Creator.
do not introduce viruses, Trojans, worms, logic bombs or other material that is or could be malicious or technically harmful into content or generally into the T4T App.
do not attempt to copy, manipulate, circumvent, decompile, publish, distribute, disassemble, modify, reverse engineer or otherwise discover, derive or interfere with the source code of the T4T App.
do not attempt to impair or overload the T4T app or its systems, security, quality, performance or other aspects in any way.
do not use any programs, devices, code or processes (e.g. web crawlers, robots, bots, spiders and automated scripts) to automatically access the T4T App or any server, network or system connected to the T4T App, or to extract, modify, scrape or collect information, and generally do not use the T4T App with the help of automation.
do not use the name, logo, trademark or any designs, slogans or other aspects that belong to us, that we have created or use or that are subject to our intellectual property rights, e.g. in relation to Titt4Tat, T4T App or T4T Website.
do not publish, disseminate, upload, send or copy any personal data or private or confidential information of yourself or third parties, e.g. telephone numbers, location information (including addresses, IP addresses, and GPS coordinates), names, identification documents, e-mail addresses, login information, security questions, employers, club memberships, financial information including bank account or credit card details, biometric data, or medical records. The only exception is the communication of the address at which a performance is to take place, whereby the communication of the address may only take place via the chat function and only if this is based on a confirmed booking request via the corresponding function in the T4T app.
violations of this Acceptable Use Policy may result in your account being suspended or terminated, and/or we may permanently ban you from the T4T App, and/or we may block, withhold or claim your earnings from your use of the T4T App or your user account balance, and/or we may also take legal action against you.

Complaints policy

introduction

This document describes our complaints policy. If you are a user of the T4T app, this complaints policy is part of your agreement with us.

definitions

Regardless of whether you are a user of the T4T App or not, all terms defined in Section 2 of the "Terms of Use for All Users" have the same meaning in this Complaints Policy. In addition, the following definition applies:

"Working days" means any day that is not a Saturday, Sunday or public holiday in the Canton of Zug/Switzerland.

who we are and how you can contact us

The T4T App is operated by Shachi AG. We are a public limited company registered in Switzerland with the commercial register number CHE-198.192.685 and our registered office is located at Grabenackerstrasse 17A, 6312 Steinhausen, Switzerland.

4 Who can use this complaints policy?

Regardless of whether you are a user of the T4T App or not, you can use this complaints policy to bring any complaints you may have about the T4T App to our attention.

5 How do I file a complaint?

If you have a complaint about the T4T App (including complaints about content displayed in the T4T App or about a user's behavior), please send your complaint to support@titt4tat.com, including the following information:

Your full civil name; and
Your home address; and
Your e-mail address and/or telephone number; and
a description of your complaint; and
if your complaint refers to content(s), then also a description of the content and (if available) also the URL to the content.

If you are unable to contact us by email, please send a letter by post to the address given in section 3 of this complaints policy.

how we deal with complaints about illegal or non-consensual content

Upon receipt of your complaint in accordance with section 5, we will:

6.1. take such steps as we consider appropriate to investigate your complaint within a reasonable time for the nature of your complaint.

6.2. contact you if we need further information or documents from you in order to deal with the complaint appropriately.

6.3 Investigate your complaint in good faith within seven working days.

6.4. inform you by email, or other electronic message, or by post (depending on how you contacted us or what contact information you provided in your complaint) whether we have reviewed the content concerned:

removed immediately because we believe the content is unlawful or non-consensual; or

because we are convinced that the content is consensual and not illegal.

how we deal with complaints in connection with copyright infringements

Complaints related to copyright infringement must be submitted in accordance with our DMCA takedown policy, and we will respond to copyright infringement complaints in accordance with that policy.

how we deal with other complaints

If we receive any other complaints (including complaints relating to breaches of our Acceptable Use Policy), we will:

8.1. take such steps as we consider appropriate to investigate your complaint within a reasonable time for the nature of your complaint.

8.2. contact you if we need further information or documents from you in order to deal with the complaint appropriately.

8.3. take such action in good faith as we consider appropriate to resolve the issue raised by your complaint. If you have complained about content displayed on the T4T App and we believe that the content otherwise breaches our Acceptable Use Policy, we will act quickly to remove that content.

8.4. may inform you of the outcome of your complaint, but we are not obliged to do so.

unfair or abusive complaints

Whether or not you are a user of the T4T App, you warrant (i.e. you make a legally enforceable promise to us) that you will not submit a complaint that is wholly unfair, abusive or in bad faith. If you are a user of the T4T App and we determine that you have breached this warranty, we may suspend or terminate your user account and, if necessary, exclude you from further use of the T4T App.

DMCA Takedown Policy

introduction

We take copyright complaints seriously. Therefore, we respect and voluntarily comply with the Digital Millennium Copyright Act (DMCA), even though we are based outside the United States. We respond to and process valid copyright notices properly and independently of the applicable national laws of the countries in which the parties involved are located.

If you believe that your copyrights or intellectual property have been infringed within the T4T App, you may submit a takedown request to demand the removal of disputed content.

If you believe that the disputed content in your user profile was removed or deactivated by mistake or through misidentification, you can submit a counter request to restore the disputed content.

It may improve the chances of your application if you try to describe the facts of the case in as much detail as possible and enclose with your application any documents and information that are available to you regarding the facts of the case, insofar as these help to clarify the facts of the case truthfully.

definitions

Whether or not you are a user of the T4T App, all of the terms defined in Section 2 of the Terms of Use for all users have the same meaning when used in this DMCA Takedown Policy. In addition:

"DMCA" is the Digital Millennium Copyright Act, which aims to prevent and combat infringements of intellectual property rights and piracy on the Internet.

"Disputed content" is the content in the T4T app that is affected by the takedown request.

"Takedown Request" is the copyright complaint that the Complainant submits to us in order to obtain the removal of the Disputed Content from the T4T App.

By filing a takedown request, the "complainant" claims to be the owner of the allegedly infringed copyrights to the disputed content.

"Counterclaim" is the counterstatement to the copyright complaint submitted to us by the defendant, and is intended to object to the removal of the disputed content.

The "defendant" has published the disputed content in the T4T app and claims, by filing the counterclaim, that the deactivation or removal of the disputed content is unfounded.

"Copyright notice" is a generic term that encompasses both the takedown request and the counterclaim.

A "valid copyright notice" satisfies the requirements of Section 512(c)(3) of the DMCA.

"Designated Agent" means a person whom we have authorized to receive, process and respond to Copyright Notices and may represent us in all matters relating to Copyright Notices.

important notes

The underlying DMCA Takedown Policy is subject to change at any time. When you submit a copyright notice or when you agree to our Terms of Use, you also agree to this DMCA Takedown Policy. By agreeing to this DMCA Takedown Policy, you waive your right to object to any lawful changes to this DMCA Takedown Policy.

By submitting a copyright notice, you also agree to our Privacy Policy and that your copyright notice will be forwarded to the relevant respondent in the case (i.e., the complainant or defendant), including your full name, postal address, telephone number and email address. You can find our privacy policy here: https://www.titt4tat.com/datenschutz/

Please note that we are not liable for any damages you may incur if the respective defendant uses your personal data unlawfully. By submitting your copyright notice, you agree that we reserve the right to disclose your copyright notice to third parties where this is lawful and necessary to protect or enforce our rights.

Before submitting your takedown request, please make sure that the Disputed Content is not subject to exceptions such as "fair use" or related to news, criticism, reviews, reporting, quotations, cartoons, pastiches or parodies. In the event of such exceptions, we reserve the right to refrain from removing the disputed content and processing the takedown request.

Please also consider whether you have ever published the Disputed Content on a platform under a "Creative Commons License" or a "Public Domain" license or under terms that grant the platform publication and licensing rights, especially if that platform offers its users a download function. If this is the case, there may also be a possibility that the defendant is not using the disputed content unlawfully.

Please note that submitting a copyright notice means that you are taking legal action on your behalf, for which you are legally responsible.

False accusations, even if you make them unknowingly, can lead to serious legal consequences:

such as that you may be held liable under DMCA Section 512(f) for any damages, including attorneys' fees, court costs, fees and penalties. We may also suspend or delete your user account and permanently ban you from the T4T App.

requirements

All copyright notices

Every takedown motion and every counter-motion:

must be written in English or German; and

must not contain letters from alphabets of other languages; and

must be sent to support@titt4tat.comund

must include the following:

Your first and last name, as well as your home address, telephone number and e-mail address; and
the exact internet address (URL) of the disputed content or a description of where exactly the disputed content can be found in the T4T App; and
a precise description of the Disputed Content itself, in a way that allows us to clearly identify the Disputed Content.
Your statement that your copyright notice and all information contained therein is accurate and truthful; and
Your digital or handwritten signature.

Takedown applications

Each takedown request must also:

include your affidavit that you are the author of the Disputed Content or that you are authorized to act on behalf of the author; and
Your statement that you have a good faith belief that the defendant is using the disputed content without permission of the copyright owner, and without permission of the copyright owner's agent, and without legal authorization.

Countermotions

Each counterproposal must also:

include your affidavit that you have a good faith belief that the Disputed Content was removed or disabled by mistake or misidentification; and
your statement that you consent to the jurisdiction of the United States District Court for the judicial district in which you reside or, if your legal residence is outside the United States, for any judicial district in which we have a mailing address; and
Your declaration must state that you accept formal service by the complainant or their representative.

Send your copyright notice to: dmca@titt4tat.com

Any copyright notice that does not comply with the requirements of Section 512(c)(3) of the DMCA may, in our discretion, be deemed invalid and ignored without response.

handling

Upon receipt of a valid copyright notice, we will disable the disputed content, making it invisible and inaccessible inside and outside the T4T app. To protect our users from malicious or spurious copyright notices, we may ask the complaining party to authenticate themselves and their request via the contact information they provide to us. We reserve the right to disable the Disputed Content if the complaining party does not respond to our authentication request in a timely and appropriate manner.

Once the disputed content is deactivated, we will inform the defendant of the deactivation and takedown request information (including the relevant personal data of the complainant), as well as the possibility of submitting a counter-motion.

If the defendant files a counterclaim, we will restore the visibility and accessibility of the Disputed Content within 10 to 14 days of receipt of the counterclaim (and to the extent technically feasible), unless the complainant has in the meantime obtained and filed a court order against the defendant.

We reserve the right to seek damages from the complaining or accused party for copyright infringement, misrepresentation in a copyright notice, failure to respond to a copyright notice, or any other circumstance giving rise to a claim by us, to the extent that such claim is attributable to the fault of the respective party.

By submitting a copyright notification, you grant us your permission to take our own steps (or employ agents to do so) to collect and analyze information from public or conditionally accessible sources about the disputed content in order to expedite and facilitate appropriate resolution of the matter.

general

You agree that we may, at any time and at our sole discretion, disable, delete or restrict access to any content available in the T4T App.

If the copyright notice does not comply with the requirements of Section §512 of the DMCA, but meets at least three requirements for identifying websites that are infringing under Section §512 of the DMCA, we will attempt to contact the complaining party to assist the complaining party in complying with the copyright notice requirements.

You agree that we may store the Disputed Content in our databases even after removal from the T4T App if and for as long as we are required to do so by applicable law, and that we may document data in connection with copyright notices.

You agree that we may forward the disputed content and your personal data to the authorities at any time if we are legally obliged to do so.

If we disable or remove the Disputed Content as a result of your Takedown Request, we reserve the right, and you agree, to note your personal information that you provided to us with your Takedown Request in the T4T App where the Disputed Content was previously available, and that this may be visible to anyone who has the ability to access it.

We cannot and will not give you legal advice, and no legal advice can be derived from any information on our website or in the T4T app

Any wording in this DMCA Takedown Policy that refers literally to only one gender (e.g., for convenience) shall always be understood and treated as if it referred to the applicable gender.

Conditions of the Platform-to-Business Regulation

introduction

These terms and conditions of the Platform-to-Business Regulation are an integral part of the Terms of Use.

definitions

All terms defined for all users in Section 2 of the Terms of Use have the same meaning in these Platform-to-Business Regulation Terms.

what do these conditions of the platform-to-business regulation entail?

These Platform-to-Business Regulation Terms contain information about our practices to comply with the fairness and transparency requirements of EU Regulation 2019/1150 (the "Platform-to-Business Regulation").

promotion of creators via other advertising channels

We may choose to advertise to you through one or more of the following of our social media accounts:

Instagram
Facebook

Twitter

suggestions in the T4T app

We may randomly suggest Creator Profiles for Discoverers to follow based on, for example, user activity, traffic or revenue generated by Creators (in a current period or in aggregate), but we do not apply a ranking system.

complaints

If you have a complaint about:

a) have an alleged failure to comply with our obligations under the Platform-to-Business Regulation that affects you; or
b) have technical problems that are directly related to the T4T app and that affect you; or
c) measures taken by us or our behavior in connection with the T4T app and it affects you,

then please send your complaint to support@titt4tat.com.

handling of complaints

Upon receipt of your complaint in accordance with section 7, we will:

Investigate your complaint and take any necessary follow-up action to your complaint (including requesting further information or documents) in order to resolve the issue raised appropriately;

Handle your complaint within a reasonable period of time, taking into account the importance and complexity of the issue raised; and

we will inform you of the outcome of the internal complaints procedure in clear and understandable language by email or by message to you in your T4T App account.

arbitration

If your complaint under Section 7 cannot be resolved to your satisfaction through our internal complaints procedure as described in Section 8, you may contact the Dispute Resolution Service by writing to:

Online dispute resolution by the European Commission:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=DE

You and we will act in good faith in any arbitration. However, any attempt to reach an agreement to resolve disputes through arbitration does not affect our or your right to take legal action at any time before, during or after the arbitration process, as those rights are set forth in our Terms of Use.

Terms of payment for explorer-creator transactions

By using the T4T app as a Creator, you agree to these payment terms for Explorer-Creator transactions - please read them carefully.

introduction

These Discovery Creator Transaction Payment Terms are additional terms that apply to you when you use the T4T App as a Discovery or Creator (so in these Discovery Creator Transaction Payment Terms, "you" refers to you as a Discovery or Creator). These Discovery Creator Transaction Payment Terms form part of your agreement with us.

definitions

All terms defined in Section 2 of the Terms of Use for all Users shall have the same meaning in these Terms of Payment for Discover Creator Transactions. In addition, the following definitions apply:

"User balance" is the user's account balance in the T4T app user account and shows the value contingent that can be used for payments or user payouts.

"Deposit" means a transfer of value from one of your accounts to us (other than your User Balance), e.g. from your bank account, credit card, crypto wallet, or other types of account on your part), regardless of who initiates that transfer (whether you, us or a third party).

"Payment" means the transfer of value (and "Payments" means any transfer of value) in connection with Discovery Creator Transaction(s), other than Deposits.

"Payment" means a payment you make to settle an amount due in connection with Discovery Creator Transaction(s) or to settle a claim we have against you. A Payment is not a Deposit, but a Deposit may be made for the purpose of making or being able to make a Payment.

"User payment":

If you are a creator, "user payment" means "explorer payment" for you:

"Discoverer Payments" are the payments made by a Discoverer, e.g. for subscriptions, content purchases, pay-per-view, NFTs, webcam, license fees or tips.

If you are an explorer, "user payment" means "creator payment" for you:

"Creator payments" are payments that a creator makes to a discoverer, e.g. if the discoverer is entitled to license fees on income from a creator's content.

"Payer" means the user who makes a user payment.

"User Revenue" includes Discovery Payments and Creator Payments, net of our Technical Service Fees.

"Your User Revenues" means the User Payments due to you after deduction of our Technical Service Fees.

"User payout" refers to the transfer of your user income from us to you, which we carry out or which we may commission third parties to carry out.

"Payout function" means a technical option in the T4T App that allows you to request us to make a user payout.

"Value Added Tax" means Swiss value added tax and any other taxes imposed in addition to or in lieu thereof at the applicable rate, as well as any equivalent or similar indirect taxes, duties and levies at the state, federal, provincial, regional or municipal level, customs duties or levies in any other jurisdiction.

"Taxes" include all forms of taxes and statutory, state, federal, provincial, local or municipal levies, duties, dues, contributions, assessments, withholdings or liabilities, whether imposed in Switzerland or in any other jurisdiction.

"Cryptocurrencies" refers to native cryptocurrency(ies) available on the respective blockchain(s), and also to fungible crypto token(s) on such blockchain(s).

"NFTs" refers to non-fungible tokens on a blockchain, which discoverers may be able to acquire from creators and possibly resell, and which may be linked to content.

"Crypto derivatives" are merely numerical representations of cryptocurrencies that only reflect the value of cryptocurrencies.

"Crypto wallet" means (depending on the type of crypto wallet) a means of directly or indirectly disposing of cryptocurrencies or NFTs or derivatives (e.g. receiving, sending, holding).

user credit and settings

1.1 We may allow you to select a currency from a list of available currencies, for example to (i) set prices for content, (ii) display your user balance and (iii) send and receive (iv) other purposes as appropriate. However, you agree in each case if we use any of the following currencies: EUR (€), GBP (£), USD ($), CHF.

1.2 We may provide you with a User Balance for your User Account. This User Balance may include (i) your User Revenues, and (ii) the values with which you have loaded your User Balance, and (iii) various currencies, and (iv) assets such as cryptocurrencies, NFTs and other tokens (or derivatives), and (v) other components with measurable value, as applicable.

1.3 If we display your user balance as the sum of various components, we provide you with a function that allows you to obtain an overview of the various components and their values at any time, for example at the current exchange rates or market values. We are not responsible for ensuring that exchange rates or market values are accurate and up to date and you are responsible for obtaining information about exchange rates and market values, in particular those that apply to you (e.g. from your bank, your e-wallet provider and your country of residence). The exchange rates and market values we use relate to third party sources in a non-transparent market and are therefore indicative and non-binding estimates only, for which we are not liable. You warrant that you will not make or cause to be made any claims against us in respect of any exchange rates and market values displayed.

1.4 Once you have made or received a payment in connection with Discovery Creator Transactions, we will provide you with access to a payment history, which may include all types of payments, debits and credits from or to your User Balance, e.g. User Payments, your User Revenues, Payments, Technical Service Fees, Chargebacks, Refunds, and possibly other payments.

1.5 Depending on various aspects (e.g. the type of your user account, your country of residence, your user income or your payments), we may be able to:

Restrict, pause or stop withdrawals from those user balances, e.g. user balances that you have topped up with a deposit; and

set a maximum user balance , and once this has been reached, deactivate any functions in your user account that could increase your user balance (e.g. deposits and functions that allow other users to initiate Explorer Creator transactions or pay you) until the maximum user balance is no longer reached, e.g. through user withdrawals or payments.

1.6 We will not offer or pay interest on your User Balance, nor will we charge you interest for operating the User Balance, but we will treat a negative User Balance as a claim we have against you.

what fees do we charge for your use of the T4T app?

We charge a "Technical Service Fee" of 20% (twenty percent) on all user payments (excluding the VAT portion of the user payment). You are entitled to the remaining 80% (eighty percent) of the user payments (excluding the VAT portion of the user payment) ("your user revenue"). The Technical Service Fee includes the costs for the provision, maintenance and operation of the T4T App as well as the storage of your content.

payment processing

4.1 You agree that only we will process all payments. You guarantee that you will neither process payments yourself nor commission third parties to process payments nor circumvent payment processing by us in any other way. You authorize us to handle all payment processing in connection with your use of the T4T App and waive any claims that would have the purpose or effect, in whole or in part, of preventing us from handling all payment processing.

4.2 The term "payment processing" includes:

debiting, receiving, claiming and collecting payments due; and

collecting and holding all amounts we receive from payments (including User Revenues) until all requirements for withdrawal (e.g. User Payout) or repatriation are met in accordance with our Terms of Use; and

the transfer of payments; and

Calculation and claiming of technical service fees and payment of user revenues; and

the refund, chargeback and remittance of payments ("repatriation"); and

withholding, retaining and forfeiting User Revenues where consistent with applicable law and our Terms of Use; and

all measures that make payment processing possible in the first place; and

any decisions on all aspects of payment processing where we have a legitimate interest to do so, such as documentation, maintenance, technical procedures, payment methods, plausibility checks, security measures; prevention and detection of fraud, money laundering, and other illegal activities; and

any measures that may help to maintain, secure or improve payment processing, such as analyzing technical data, payment data, and user account data; and

at our own discretion, reducing risks in the storage of user income, e.g. diversification through different bank accounts with different banks in different countries, and, if necessary, a targeted ratio of different currencies and prevention of high exchange rate or purchasing power losses (especially if these are foreseeable), as well as the implementation of the necessary currency swaps (including cryptocurrencies); and

to commission third parties with payment processing at our discretion.

4.3 Where we provide you with the opportunity to do so in the course of your use of the T4T App (in particular in relation to section 4.2(b)), you may contribute to payment processing, such as potentially making deposits, topping up your user account, using the withdrawal function, selecting payment methods, initiating a payment, committing to payment (e.g. by entering into a Discover Creator transaction), and other aspects where we enable you to do so.

4.4 You warrant to indemnify us in full against all claims, damages and losses (including loss of profits) arising from any breach by you of any provision of clauses 4.1 - 4.3 and you acknowledge your full liability (including to third parties) whenever you are required to perform this warranty.

payment of your user income

5.1 Depending on the payment method used by a payer, the user payment will either be received directly by us or by a third party payment provider commissioned by us and later transferred to us.

5.2 We may at any time, at our discretion, make User Payouts to which you are entitled. We reserve the right to make the withdrawal feature available to you. At times when the Cash Out Facility is available to you, we are not obliged to make User Cash Outs unless you have requested us to do so via the Cash Out Facility and there are no grounds under applicable law or our Terms of Use that permit or require us to refrain from making User Cash Outs. You agree that we cannot guarantee the availability of the withdrawal function at any time.

5.3 Where we provide more than one payment method for User Payouts, we may, at our discretion, allow you to choose a payment method to use for the relevant User Payout when using the Payout Facility.

5.4 We reserve the right to limit the frequency of User Withdrawals to one User Withdrawal per month and your failure to use the Withdrawal Facility in any particular month will not justify you using the Withdrawal Facility more than once in any subsequent month, nor will it justify us having to make the User Withdrawal without you using the Withdrawal Facility.

5.5 A user payout requires that your user income in your user balance (after deduction of any transaction fees and other applicable fees and taking into account the current exchange rate if another currency is applied to your user balance) has a threshold value of at least CHF 200 (two hundred CHF), whereby we reserve the right to make or allow user payouts below this threshold value.

5.6 Within a reasonable time after we have received a User Payment and unless there are reasons to the contrary (whether by law or under the Terms of Use), your User Earnings from that User Payment will be visible in your User Balance and available for User Withdrawal.

5.7 Your bank may charge you currency conversion or transfer fees for receiving User Withdrawals. We have no control over the exchange rates or fees charged by your bank and are not responsible for the payment of any fees charged by your bank, e-wallet company or otherwise on the receiving end as you provide the payee information.

5.8 Transaction fees and payment terms may vary depending on the payment provider, payment method, payee type, currency, your country of residence and possibly for other reasons; and you agree:

that after a payer has made a user payment, in some cases (even without legal reasons or reasons from our Terms of Use) it may take up to six months and in exceptional cases even longer until your user earnings from this user payment are visible in your user balance or available for user payout (e.g. payout thresholds from third party payment providers); and

that you will not request any user payment from us using the Cash Out Facility until you have read, understood and accepted all terms and conditions (including any fees) to the extent that they are made visible or available to you at any time when using the Cash Out Facility, including any such terms and conditions of third party payment providers.

5.9 Unless otherwise indicated in our Terms of Use or made available to you when using the payout function, we do not store any personal data that you transmit to third party payment providers in connection with user payouts, but may do so in the case of user payouts by direct bank transfer.

5.10. If a payer successfully requests a refund or chargeback from their credit card provider in relation to a user payment, we may investigate this and decide to charge you or deduct from your user balance an amount equal to the amount refunded or chargebacked (plus any costs we may incur as a result).

when we may retain your user revenue

6.1 We may withhold all or part of your User Collections for as long as necessary to investigate any suspicion that:

a) you have seriously or repeatedly breached or may have breached any part of the Terms of Use; or
b) serious consequences for us or any user of the T4T App (including actual or potential losses) result or could result from you attempting, announcing or threatening to violate our Terms of Use; or
c) your user revenues result or could result in whole or in part from illegal or fraudulent activities, whether by you or by a payer who has made a user payment.

6.2 If, following our investigation, we conclude that a suspected case described in section 6.1 is confirmed, we may notify you that you have forfeited your User Revenues.

6.3 We may withhold all or part of your User Revenues if we receive notice that you have secured, encumbered, pledged, assigned or otherwise permitted a lien on your User Revenues. We are not obligated to pay your User Revenue to third parties (such as pledgees) and may withhold User Revenue until the lien is lifted.

6.4 We will not be responsible for withholding your User Revenues or for forfeiting them where permitted by our Terms of Use and applicable law.

6.5 If we withhold all or part of your User Revenues and we determine that a portion of your User Revenues is not related to your violation of the Terms of Use or suspected unlawful or fraudulent activity, we may cause us to pay you that portion of your User Revenues that we determine is not related to your violation of the Terms of Use or suspected unlawful or fraudulent activity.

6.6 If we have withheld all or part of your User Revenues due to a breach of our Terms of Use by you or suspected unlawful or fraudulent activity by you, but have reasonable grounds to believe that we have suffered losses or costs as a result, we may offset these against any User Revenues you have earned.

6.7 If, upon completion of our investigation, we determine that your User Revenues have been forfeited, we will (to the extent required by applicable law or our Terms of Use) use reasonable efforts to return affected User Payments to the relevant payers.

6.8 We may withhold all or part of your User Revenues during any period in which your User Account or access to your User Account should be suspended, and we may suspend, reject or repatriate User Payments during such period at our sole discretion.

promotion of tax compliance and VAT

8.1 We recommend that all Creators and Explorers seek professional advice to ensure that they comply with their local tax and VAT regulations in relation to their individual circumstances.

8.2 By using the T4T App as a Creator or Discoverer, you warrant (i.e. you give us a legally enforceable promise) that you have complied and will continue to comply with all tax reporting and filing obligations to your relevant tax authority in respect of all your activities in connection with the T4T App that require it (e.g. payments, your user income, and other relevant aspects).

8.3 By using the T4T App as a Creator or Explorer, you warrant (i.e. you make a legally enforceable promise to us) that you will always comply with all tax laws and regulations applicable to you. If at any time while you have a T4T App account, you are found to be in violation of any tax law (including a failure to report or pay tax on your user income, or if you are assessed tax-related penalties or interest in connection with T4T App), or if you are the subject of a legal proceeding or investigation that is or may be related to any applicable tax law, you will notify us in writing by email at support@titt4tat.com:

within seven days of becoming aware of the tax offense or the commencement of the proceedings or investigation; and

promptly communicate the steps you are taking to end the tax offense or settle the proceedings and to prevent further offenses and proceedings from occurring; and

promptly disclose any mitigating factors you consider relevant and any other information related to the tax offense or proceeding where we may reasonably request it.

8.4 For the avoidance of doubt, you are responsible for your own tax affairs and we (i) are not responsible for providing advice on tax matters nor are we liable for any information provided in the T4T App or on the T4T Website in relation to tax or tax-related matters, and (ii) we will not be liable in any circumstances for any tax misdemeanors, proceedings or defaults by our users.

8.5 We reserve the right to suspend or close your user account or permanently exclude you from The T4T App if we become aware of a tax offense committed by you.

payments to users

9.1 If your user account has a user balance (regardless of the amount or whether it is negative), every deposit will first be credited to your user balance before it is spent on a payment. This also means that every payment will be debited from your user balance.

9.2 You acknowledge that you have "payment problems" if:

your user balance is insufficient to make any payment due or to settle any claim we have against you; or

the type of Available Balance required to make an amount due for payment in the manner in which it was agreed to be made (e.g. specific currency or cryptocurrency) is insufficient; or

fail to make a payment that could have been used to settle an amount due for payment or a claim we have against you; or

you are in default of payment of a due amount for a payment or a claim that we have against you.

9.3 You agree that in the event of any payment problems as defined in Clause 9.2 above, we will at your expense (to the extent possible and not restricted by applicable law), i.e. including any transaction fees and other costs incurred in connection therewith, and for as long as the payment problems no longer exist:

may convert all types of credit in your User Account balance into the required type of credit to ensure payment of amounts due or receivables; and

to collect amounts due or claims via any payment method for which you have provided us with payment details, e.g. to make direct debits from your bank account, to charge your credit card, to request payment from your payment providers (e.g. e-wallets), and to make use of other options that are available and suitable for settling amounts due or claims.

9.4 Irrespective of the procedures described in Section 9.3, we may initiate dunning proceedings against you in order to settle the amount due (plus reminder fees and default interest of five percent p.a., if applicable).

9.5 You agree that we may, in our sole discretion, take any action (e.g. cancel, stop, deactivate, unsubscribe or delete) in relation to your user account (e.g. features, content or subscriptions) where appropriate to mitigate an existing payment problem or to prevent an imminent payment problem (e.g. late payment or default) that we reasonably suspect, for example if you have already had previous payment problems, or if we do not have enough information to assess your current payment behavior, or if you do not respond to our contact attempts or notifications, or if you have not logged into your user account for a long time or do not actively use the T4T App.

9.6 You warrant to indemnify us in full against any claims, damages and losses (including loss of profits) where these arise from any action we take under clauses 9.3 - 9.5 due to a payment problem on your part or imminent payment problem on your part, and you acknowledge your full liability for this (including to third parties) whenever you are required to fulfill this warranty.

crypto wallet

10.1 If your user balance in the T4T App has a crypto wallet feature, you may be able to use crypto features (e.g. cryptocurrency payments or creating, buying or selling NFTs), and this crypto wallet is at our sole discretion either:

a crypto wallet that we do not have and that you can also use outside the T4T app but connect to the T4T app ("self-custodian wallet"); or

a crypto wallet that we have and that you can only use within the T4T App ("Non-Custodian Wallet"), which may also be a smart contract; or

a crypto wallet that we have at our disposal, which you can only use within theT4T app, and which does not directly hold cryptocurrencies, but only crypto derivatives ("pseudo wallet").

You can find out whether or which type of crypto wallet is available to you in your user balance or in your user account settings. If you are not sure whether or what type of crypto wallet is available to you, or if you would like to change the type of crypto wallet available to you, please send your request to support@titt4tat.com.

10.2 Cryptocurrencies are often subject to very strong price fluctuations. If you decide to top up your crypto wallet with cryptocurrencies, pay in cryptocurrency or receive user payments in the form of cryptocurrencies, you do so at your own risk and at your own risk of suffering significant losses or even complete loss of value, regardless of the type of crypto wallet you use.

10.3 To the extent that you have "access to your crypto wallet" in the form of a so-called "seed phrase" or "recovery phrase" and the "private key" ("self-custodian"), you are fully responsible for all actions and non-actions in connection with your crypto wallet, including the risk that payments may be irreversibly lost and the risk of losing all your cryptocurrencies and NFTs, e.g. if you lose or forget access to your crypto wallet, or if a third party gains knowledge of this access, or if you use your crypto wallet to trade with crypto.e.g. if you lose or forget access to your crypto wallet, or if a third party gains knowledge of this access, or if you use your crypto wallet to interact with crypto wallets (or with so-called "smart contracts") of fraudulent actors.

10.4 Every payment in cryptocurrency or other interactions of crypto wallets with other crypto wallets or with smart contracts may be subject to substantial transaction fees (so-called "gas fees"). You will be shown these transaction fees before each interaction before you confirm it. You bear the full cost of such transaction fees yourself.

10.5 If we make a Non-Custodian Crypto Wallet available to you under clause 10.1(b) or a Pseudo Wallet under clause 10.1(c), we will take reasonable technical measures within our available resources to prevent payments in cryptocurrencies in connection with your Crypto Wallet from being lost or taking unreasonably long to reach the payee (e.g. due to network congestion or undercharging of transaction fees).

10.6 We may offer or reference options in the T4T App (e.g. from third party providers or from us) that allow you to exchange legal currencies into cryptocurrencies (or cryptocurrencies into other cryptocurrencies) and/or vice versa. The sole purpose of this is to simplify matters so that if you want to use the crypto wallet or crypto functions, you can easily or conveniently carry out the exchange in the T4T app or from the T4T app, or be redirected from the T4T app to a third-party provider where you can carry out the exchange.

10.7 We may reference so-called "defi products" from third-party providers in the T4T App or in the crypto wallet of the T4T App. Defi products are ways of making cryptocurrencies available to third parties for a flexible or fixed period (usually via a smart contract) (e.g. for the purpose of lending to traders or to provide liquidity for trading) and being remunerated in cryptocurrencies in return.

10.8 For all options described in sections 10.9 and 10.10, you warrant that you have fully read, understood and accepted any terms and conditions, policies and privacy statements of the Third Party Providers and us (which are made available to you and which you can or should reasonably make available to you) before making any exchange. You are fully responsible for all risks to which you are made aware. We are not responsible for any third parties with whom you choose to interact or for your decision to interact with third parties.

10.9 We accept no responsibility or liability whatsoever for any circumstances which we could not have prevented or could only have anticipated with a disproportionate use of resources or only with unusual actions, or over which we have no or only marginal influence, in particular (but not limited to) in relation to:

Attacks that should be carried out on a decentralized system; and

Security vulnerabilities in smart contracts that should be exploited; and

Scaling limits or capacity saturation that a decentralized system should reach; and

Data and/or system migrations of smart contracts or system; and

losses due to price drops and missed profits on price increases of cryptocurrencies; and

laws that prohibit or restrict you from using cryptocurrencies, NFTs or decentralized systems in your country of residence or country in which you are located at any given time; and

changes in laws relating to cryptocurrencies, NFTs or decentralized systems; and

Availability and liquidity on the markets or lack of opportunities to exchange cryptocurrencies (whether against currencies or other cryptocurrencies); and

Measures that financial service providers should apply to you because you use cryptocurrencies;

Manipulation of markets or systems, or other deficits in decentralization.

10.13. We do not guarantee any capital gains from cryptocurrencies, and if we provide you with any features that are in any way related to cryptocurrencies, we do not do so with the intention of enabling you to trade or invest in cryptocurrencies, and you understand and agree that you will not in any way and at no time take our features, actions, statements, and information relating to cryptocurrencies or NFTs as an endorsement, recommendation, encouragement, advice, or favor.

10.14. When we offer features related to cryptocurrencies, we do so only with the intention of complementing our existing payment method options and not to exclude users who prefer to pay in cryptocurrencies, as well as to facilitate interaction with NFTs.

10.15. You agree that we may have to document and report payments and other activities you engage in in connection with cryptocurrencies, crypto-derivatives or NFTs to any relevant authorities, and it is possible that this may include activities that are not directly related to the T4T App. You will at all times ensure that any of your activities in connection with cryptocurrencies, crypto-derivatives and NFTs (whether directly or indirectly in connection with the T4T App) do not at any time violate any applicable laws and regulations, such as (to the extent applicable) money laundering laws, tax laws, securities regulations, art dealing laws, and other applicable laws.

10.16. You warrant that before you use any feature of the T4T App that is in any way related to cryptocurrencies, NFTs or blockchain technology, you have thoroughly informed yourself about all relevant technical, financial, legal and other aspects of cryptocurrencies, NFTs and blockchain technology, in a manner and to the extent that you understand, accept and minimize any risks, that you understand, are able to and will never ignore, consider, accept and minimize any and all risks, and that you will take full and sole responsibility for all decisions and actions you take in relation to cryptocurrencies, NFTs and blockchain technology. You warrant that you will not at any time use any feature of the T4T App or any third party provider referenced in the T4T App unless you fully understand and accept all risks and relevant aspects involved.

10.17. You warrant to fully indemnify us against any such claims, damages and losses (including lost profits) arising from any decision or action you take in any way in connection with cryptocurrencies, NFTs or blockchain technology, and you acknowledge your full liability therefor (including to third parties) whenever you are required to fulfill this warranty.