1 Terms definition

• "Platform" = Frontend and backend application collecting, processing and providing the user-generated Content
• "Website/Platform"= Frontend of the Platform (https://www.chatrotic.com/)
• "Private area" = paid area of the Website
• "Exclusive private area" = Private area which only one Viewer can join in at the same time
• "Public area" = free of charge area of the Website
• "Profile" = area of the Website where Performer is able to publicly present his/her non-streaming Content to Users of the Platform
• "Service provider/We/Us" = with the registered address at , , providing a webcam streaming platform service
• Content = Multimedia data, such as video material (recorded or continuously streamed, with and without audio), photo material and texts of all types. Content is labeled "produced" at the time it has been submitted / transferred to the Platform
• "Guest" = a person who visits this Website to observe webcam shows for free and without any registration
• "Viewer" = a person who registered an account at Website
• "Performer" = a person who registered an account at Website to provide Service provider with user-generated Content by broadcasting webcam shows
• "User" = "Guest", or "Viewer", or "Performer"
• "Subscriber" = "Viewer", or "Performer"
• "Coins" = virtual money used on the Website

2 Terms of Service

This Agreement sets forth the full and complete understanding between Users and Service providers with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.

Service provider may change the Agreement at any time by posting a revised version in place of this document. The last revision will be indicated at the top of this document and takes precedence over all previous versions. You agree to review the Agreement periodically to be aware of such changes. Your use or continued use of the Platform following the Effective Date of any such change to the Agreement constitutes acceptance of all such changes.

By entering and/or registering on the Website you agree to be bound by all of the terms and conditions of this Agreement.

3 Liability and warranties

Service provider provides the Website divided into two main areas: paid services and free services. Subscriber is responsible for consulting the content of the Website, prices and possible type of payments before using of services. This information is publicly available on the Website.

Service provider offers its services "as is", and subject to the reservation that it may interrupt or suspend them at any time. User uses the Website at his/her own risk. This applies in particular for downloading or otherwise using of content of Website. User is solely responsible for any damage to his/her computer systems or any other technical equipment used, for the loss of data or for other losses and also for losses suffered by third parties of the Website.

Service provider does not warrant to the User or to any other person that service satisfies his/her requirements or that it is available at all times securely and without error, without interruption and in a timely manner.

Service provider is not undertaking any obligation or liability relating to any content, including broadcasting content or activity on/through the Website. Service provider is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained on the Website. Service provider is not responsible for any content, including but not limited to broadcasting content that violates a community's norms or mores.

All Subscribers agree to indemnify, pay the costs of defence and hold harmless Service provider from any and all claims, losses, liabilities or expenses (including reasonable solicitors' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this Agreement.

4 Principles of usage

Provided services of the Website are only available for persons over the age of 18 (21 in some regions). Therefore, no sexually explicit material is within the easy reach of minors.

All users must consider that the Website includes sexually explicit materials which might be prohibited in User‘s region. Every User must be willing and legally able to use Website's services.

Every user must inform Service provider immediately in the event of any unlawful conduct of the Performer, as well as of any unlawful use of the Website by other Users.

For identification purposes, the User needs to create a login name and login password during the registration process. The User is obliged to inform Service provider immediately if there are any indications that a login name and login password have been misused by a third party.

Service provider has a zero tolerance policy related to the child pornography (written or visual). In case of the slightest suspicion, the account in question is immediately and permanently terminated and the appropriate authorities may be contacted.

Service provider reserves the right to apply immediate and permanent termination in case a screen name is offensive, refers to minors or upon the slightest suspicion of forgery.

All Performers were 18 years of age or older (21 in some regions) during the time of photography, as per proof of age held by the custodian of records.

All Performers are required to fulfil following requirements:

• confirm, by submitting the registration form, that he/she read and agrees to be bound by all of the terms and conditions of this Agreement;
• provide scanned copy of his/her photo ID and all other persons which will appear in the broadcasting (verification documents);
• provide a photo taken of the Performer, holding his/her photo ID next to his/her face and provide the same for all other persons which will appear in the broadcasting (verification documents)

Service provider is entitled to request additional documentation as proof for the compliance with set rules and regulations and requirements.

The Performer is obligated to provide true, accurate, current and complete information about him-/her-self (registration information) such as full permanent address (no PO Boxes), a Bank information, and a valid e-mail address. He/she also is obligated to keep this information current and up-to-date. If any of the information provided by the Performer is out-of-date, incomplete, untrue or inaccurate, or if Service provider has reason to believe that this is the case, Service provider is entitled to terminate the Performer's account without notice and to block access for the Performer to the Website on a temporary or permanent basis.

The Performer is prohibited from transferring any Content to the Platform containing computer viruses or which can otherwise impair, alter or destroy software, data or files belonging to Service provider or other Users.

The Performer is obliged to immediately remove all objects subject to forbidden and/or abusive Content, to trademark or any other intellectual property right of third parties, and to comply with legal requirements at all times.

It is the sole discretion of Service provider, at any time, to delete, remove, edit and adapt any Content provided by the Subscriber or Performer without any prior notice.

5 Content provided by Subscribers

Any Subscriber is not permitted to:

• produce illegal pornography for the Platform and to transfer the same to the Platform. In particular, the acts must not contain any sexual activities with minors, vulnerable people or animals, real, animated or cartoon;
• glamourize violence, cause harm to people in any way;
• depict violence, incest, racial slurs or hate speech;
• depict bestiality (sex, actual or pretend, with animals) or necrophilia (sex, actual or pretend, with a corpse);
• depict people as minors, depict people looking as minors;
• harass, threaten, defame, cause distress or embarrassment to an individual or legal person, or cause discomfort to the same in any other way;
• prejudice respect for human dignity;
• depicts "scat", human faeces, human defecation, vomit, or the consumption of matter intended to look like faeces or vomitus;
• show any person who appears to be unconscious, under the influence of drugs or alcohol, or who appears to be unaware of the presence of a camera;
• appears to be unaware of the presence of a spy cam;
• interfere with the Platform or the servers or networks connected to the Platform, or interrupt the same, or not comply with instructions, processes or other rules for networks that are connected to Service provider;
• copy, reproduce, emulate, sell, resell or use for any type of purpose the Platform or parts thereof, use of the Platform as well as access to the Platform without prior written consent of Service provider;
• impersonate another person related to Service provider, or to indicate a connection to such persons who does not exist;
• encourage Users to make payments for Performer's services outside the financial system of the Website;
• arrange personal appointments with Users of the Platform;
• provide any type of his/her contact or request any type of contact from Users of the Platform;
• advertise any service or product unless it is:
  • service offered by Website or Service provider;
  • service provided by the Performer himself/herself only for the purpose of the Platform;
  • explicitly consented by Service provider;
• broadcast video stream displaying persons under age of 18 (21 in some regions);
• show any person for which was not provided verification documents

The Subscriber itself is solely responsible for all information included/featured in his/her Content transferred to the Platform (e.g. data, text, software, music, sounds, photos, graphics, videos, news or other materials). He/she assures that the Content is not subject to copyrights, ancillary copyright, personal rights or other third party rights. Within the framework of the aforementioned warranty, the Subscriber releases Service provider from all third party claims and shall be liable for all losses in this connection, even without any fault on his/ her part.

The Subscriber undertakes to pay Service provider a contractual penalty of EUR 5000 for every breach of the rules specified in this paragraph.

6 Broadcasting and Profile rules

Any Performer is not permitted to:

• broadcast video stream without Performer himself/herself;
• broadcast still picture or empty picture means video stream displaying no movements;
• broadcast only audio stream without video stream;
• broadcast not-live stream (e.g. previously recorded stream);
• broadcast video stream displaying persons eating or sleeping;
• broadcast video stream in Public area displaying persons fully nude or persons performing sexual activities;
• be rude to Users unless it is explicitly required by User/Users in the Private are of the Website;
• ban User if he/she is asking the Performer to prove his/her broadcasting is really live;
• ban User if he/she is noticing the Performer about his/her significantly low quality of the picture;
• ban User if he/she is noticing the Performer about breaching this Agreement;
• ban User for reason not specified in this Agreement;
• add to his/her Profile Content displaying other persons than himself/herself or his/her sex toys
• add to his/her Profile Content displaying any form of sexual activity

The Performer can ban Viewer from the room only for following reasons:

• breaching this Agreement;
• significant and repetitive rude behaviour

In the event of breaching the aforesaid specified rules Service provider may:

• restrict Performer's account means the Performer will be not able to publicly broadcast a stream up to 30 days. It is the sole discretion of Service provider to decide for how long will be Performer's account restricted;
• terminate Performer's account for repeated breaching the rules

Service provider will not be held responsible for any possible loss as a result of restriction or termination nor for any real or virtual financial compensation or refund.

7 Virtual money, fees, refunds, chargebacks, payouts

The Platform uses virtual money ("Coins") to represent value of the service provided by Performers. Exchange rate of 1 Coin to the real currency is publicly available on the Website.

Service provider reserves the right to change Coin exchange rate or to change or impose any fee at any time without any prior notice.

All conversions between Coins and the real currency will be processed with the current exchange rate at the time the conversion took place.

The Subscriber must consult the content of the Website, prices and possible type of payments before deciding to purchase Coins to spend on the Website. Price list and means of payments are publicly available on the Website.

7.1 Fees

The Platform uses two different fee models. The Performer is allowed to change the fee model only once in a predefined term. Length of the term of fee model is publicly available on the Website.

7.1.1 Flat fee model

The Performer is obliged to pay the Platform a regular daily platform fee. The amount of the platform fee is publicly available on the Website. The platform fee is deducted from the Performer’s account balance automatically on daily basis.

In the event Performer's account balance is lower than amount of daily platform fee the Performer's account is restricted means the Performer will be not able to publicly broadcast a stream. The Performer may request removing this restriction 6 months after the restriction was placed.

The Performer hereby expressly waives any further financial compensation for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, failure of performance, of the Platform.

7.1.2 Shared fee model

The Performer is obliged to pay the Platform predefined share of his/her earnings in form of fee. The amount of the share is publicly available on the Website. The platform fee is deducted automatically from the Performer’s account balance after receiving any earnings.

7.2 Refunds

Service provider will provide refund only in form of Coins and if complaint was placed within 24 hours counted from the occurrence on the Website and only in following events:

• when any Coins are lost due to dysfunction of the Platform. Service provider will refund Coins in the amount proportionally determined in accordance to the price paid and problem effectively reported;
• if the Performer in the Private area of the Website provided video stream with significantly low quality of the picture. It is the sole discretion of Service provider to decide whether or what amount of Coins will be refunded;
• if the Performer in the Private area of the Website totally and explicitly refused to provide erotic content. In the event some erotic content was provided, it is the sole discretion of Service provider to decide whether or what amount of Coins will be refunded;
• if the Performer in the Exclusive private area of the Website obviously provided service to the another Website or shared broadcasting stream to the another Website. It is the sole discretion of Service provider to decide whether or what amount of Coins will be refunded

The Subscriber accepts that in case of any fraudulent transaction Service provider has a right to use all available information at its disposal during any kind of legal procedure. During such legal procedures Service provider might involve other, professional investigator parties and share certain information in order to comply with law requirements and vindicate its rights. The Subscriber will stay liable for investigation or collection costs related to any fraudulent transaction.

Coins will be forfeited and Subscriber is not entitled to any refund of Coins and thereby agrees to waive any claim to such a refund in the following events:

• Service provider terminates account of the Subscriber by reason of breaching this Agreement;
• Subscriber terminates his/her account voluntarily

7.3 Chargebacks, Refunds

Service provider reserves the right to deduct from the Performer’s account balance amount of Coins corresponding to the amount of the real currency due to Refund or Chargeback.

7.4 Perfomer's payout

The Performer may request for payout after his/her account balance is higher than a minimum payout amount for particular payout method.

Each payout method is charged with a particular payout fee. Payout fees are publicly available on the Website.

For each payout method a different set of information/documentation is needed. The Performer is obliged to provide Service provider with all necessary information/documentation needed to correctly process the Payout. The Performer will be liable for any transaction costs/fees which may arise from incomplete or inaccurate information/documentation provided to Service provider.

Payout requests from Performers are processed in order received by the Platform and are usually processed twice a month. The Performer will be liable for any transaction costs/fees which may accrue. Service provider reserves the right to carry out a thorough investigation in the event of abnormalities in the payout requested from the Performer which may cause payout to be delayed. Service provider reserves the right to suspend payout until the matter has been fully resolved.

The payment to the Performer will be a net payment. The Performer alone is responsible for paying of domestic and foreign taxes.

8 Assignment of rights

Intellectual property rights (including but not limited to right to use, adapt, translate, publish, etc.) to any Content created, published or otherwise made public by the Subscriber on the Platform will belong to Service provider.

The Subscriber acknowledges and agrees that any material recorded or any original work made under this Agreement and/or when using the Platform (and all rights therein, including, without limitation, copyright) belong to and will be the sole and exclusive property of Service provider.

The Subscriber hereby expressly waives any rights and declares to withdraw any claim that any use by the Platform violates any of his/her rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

The Subscriber hereby expressly waives any further financial compensation for any of the rights assigned, transferred or granted to Service provider under this Agreement.

9 Account Cancellation

The Subscriber can cancel his/her account anytime and for any reason by contacting Support of Service provider.

In case of Subscriber‘s unlawful conduct or breach of this Agreement, Service provider may terminate, without notice, Subscriber's account and remove his/her Content from the Platform. Service provider will not be held responsible for any possible loss as a result of such termination nor for any real or virtual financial compensation or refund.

LAST REVISION: January 1, 2024