General Terms and Conditions of Business for Pink Internet GmbH’s “femtasy”

As at: August 2019

1. Scope of applicability

1.1. These General Terms and Conditions of Business (hereinafter referred to as the “GTC”) apply to the services provided by us, Pink Internet GmbH (registered office: Boxhagener Strasse 71E, 10245 Berlin), represented by Managing Director Nina Julie Lepique and Michael Holzner (hereinafter referred to as “we” or “us”), including the offers provided at www.femtasy.com and in our online outlets (e.g. Facebook, Instagram, YouTube, Twitter etc.) (hereinafter referred to individually and jointly as the “offer”), and all contracts concluded between you as our customer and us via our website www.femtasy.com. By using the offer you accept these GTC. We therefore request that you read them carefully.

1.2. All arrangements made between you and us in connection with the respective contract are as stated, in particular, in these GTC, any order confirmations issued by us and our other declarations.

1.3. The version of the GTC effective at the moment when the contract is concluded is applicable.

1.4. We do not accept differing terms and conditions. This also applies if we do not explicitly object to their incorporation.

2. Service description

2.1. We offer a streaming service with a selection of erotic audio stories (hereinafter referred to as “femtasy content”). The femtasy content is provided to you subject to the terms and conditions set out in these GTC and on our website www.femtasy.com.

2.2. Following free of charge initial registration on www.femtasy.com and your agreement to these GTC, you can purchase the femtasy content via various access options. We currently (as of 1 August 2019) offer the access options “monthly access”, “one-off access”, “annual access” and “femtasy student pass” (hereinafter referred to as “femtasy access options”).

With the femtasy access options you receive, against payment of a fee, access to a large selection of femtasy content and additional features (e.g. storage of favourite voices).

The one-off access provides unrestricted access to the femtasy content for a total of 24 hours against payment of a one-off fee. Access begins from the moment of the conclusion of the contract and ends automatically after 24 hours, without termination being required.

The monthly access is a term subscription. Against payment of a monthly subscription fee you receive unrestricted access to the femtasy content throughout the term of the subscription. The subscription contract begins from the time and date of the conclusion of the contract and initially runs for one month. The subscription contract is extended by periods of a further month if it is not terminated before the respective end of the contract. Notice of termination must be given in writing or via femtasy.com. An e-mail sent to support@femtasy.com is sufficient to comply with the requirement of written form.

The annual access is a term subscription. Against payment of an annual subscription fee you receive unrestricted access to the femtasy content throughout the term of the subscription. The subscription contract begins from the time and date of the conclusion of the contract and initially runs for one year. The subscription contract is extended by periods of a further year if it is not terminated before the respective end of the contract. Notice of termination must be given in writing or via femtasy.com. An e-mail sent to support@femtasy.com is sufficient to comply with the requirement of written form.

We also offer an annual subscription with a free 14-day trial period for various time periods. After registering, you will receive a one-time 14-day free access to all our content, the annual subscription will be charged automatically after the end of the trial period, if the subscription contract has not been cancelled within the 14 days of the trial period. The free trial subscription can be used once per person, in case of a renewed annual subscription the payment will be made directly at the conclusion of the annual subscription. If the subscription contract is not cancelled before the end of the respective contract period, it will be renewed for another year at a time

2.3. It is possible that not all femtasy content and/or femtasy access options will be permanently available, available to the previous extent or available for all users. You can find information on the availability of the femtasy content and femtasy access options, the exact scope of performance of the individual femtasy access options and the respective prices and terms and conditions, as well as further information on the femtasy content, on our website at www.femtasy.com after initial registration or after logging in to our site.

2.4. We reserve the right to at any time change, extend, reduce or otherwise adjust the scope of performance, particularly the offer of the femtasy content. We shall inform you in good time of any significant changes. Any statutory termination rights to which you are entitled in the event of such a significant change remain unaffected.

3. Conclusion of the contract, payment terms, set off and right of retention

3.1. The contract between you and us arises upon a binding order for one of the femtasy access options via our website at www.femtasy.com and subsequent confirmation of the order by us. Upon the conclusion of the contract, our claim to payment is established.

3.2. The payment of the respective fee / the first monthly instalment falls due upon the conclusion of the contract, in the case of monthly access at the beginning of each new monthly period and in the case of annual access at the beginning of a new annual period.

3.3. We accept payments by credit card, SOFORT (only in the case of one-off access), debit note or PayPal. For the purpose of handling your payments by credit card, SOFORT or debit note, we transmit your data after the conclusion of the order via a secure connection to our payment provider “Stripe” (Stripe Inc., registered office: 185 Berry Street, Suite 550, San Francisco, CA 94107). You can find further information on “Stripe” at www.stripe.com.

For the purpose of handling your payments by PayPal, we transmit your data after the conclusion of the order via a secure connection to our payment provider “PayPal” (PayPal Europe S.àr.l. et Cie, S.C.A., registered office: 22-24 Boulevard Royal, L-2449 Luxembourg). You can find further information on “PayPal” at www.paypal.com.

Payment by credit card: Your credit card account will be debited immediately after the completion of the payment process. All entries and checks relating to your payment will be carried out at the payment processor and stored by it during the term of the contract.

Payment by debit note: If you make payment by debit note, we shall be revocably authorised to collect the respective invoice amount from your specified account. If the debit note is not redeemed due to insufficient account coverage or due to incorrect information in the bank details or if you object to the debit even though you are not entitled to do so, you must bear the costs and fees for the chargeback, if you are responsible for it.

Payment by SOFORT (Klarna): If you make payment by way of a SOFORT wire transfer, after submitting your order on the website of the online provider, you will be immediately forwarded to SOFORT. To pay the invoice amount by way of a SOFORT wire transfer, you must hold an online banking account with a PIN/TAN process which is activated for participation in SOFORT wire transfers, appropriately identify yourself and confirm the payment instruction to us. You will receive further information in the course of the payment process as well as at https://www.klarna.com/sofort/. The payment transaction will be carried out immediately afterwards by SOFORT wire transfer and charged to your account.

Payment by PayPal: Your PayPal account will be debited immediately after the completion of the payment process. All entries and checks relating to your payment will be carried out at the payment processor and stored by it during the term of the contract.

3.4. All payments must be made without deductions to Pink Internet GmbH. A payment will only be deemed to have been made once we can freely dispose of the amount.

3.5. You do not have the right to set off against our receivables unless your counterclaims have been established with legally binding effect or are undisputed. You are also entitled to set off with respect to our receivables if you submit notifications of defects or assert counterclaims stemming from the same contract. As the buyer you may only exercise a right of retention if your counterclaim stems from the same contract.

4. Cancellation right

CANCELLATION NOTICE

Cancellation right

You have the right to cancel this contract without giving reasons within 14 days from the date of the conclusion of the contract.

To exercise your cancellation right you must inform us (Pink Internet GmbH, Boxhagener Strasse 71E, 10245 Berlin) of your decision to cancel this contract by way of an explicit declaration. To that end you can contact us by e-mail at support@femtasy.com or use the following standard cancellation form (though it is not required).

We hereby inform you about the standard cancellation form as follows, in accordance with the provisions of law:

Standard cancellation form

(If you wish to cancel the contract, please fill in this form and send it back to us.)

To:
Pink Internet GmbH, Boxhagener Strasse 71E, 10245 Berlin
e-mail: support@femtasy.com.

I hereby cancel the contract concluded by me for the provision of the following service:

Description of the service:

Ordered on (DATE) / received on (DATE)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only when the notification is on paper)

Date

To meet the time limit for cancellation, it is sufficient to send the notification on the exercise of the cancellation right before the end of the time limit for cancellation.

For additional information on the range and content of this right and clarifications on the exercise thereof, please contact our customer service by e-mail: support@femtasy.com

Consequences of cancellation

If you cancel this contract we will refund all payments that we have received from you. That repayment shall be made promptly and, subject to the situations described below, no later than within fourteen days from the date when we receive the notification on your cancellation of this contract. For that repayment, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you. On no account will you be charged any fees for that repayment.

If you have requested that the services begin during the time limit for cancellation, you will have to pay us a reasonable amount corresponding to the share of the services already performed up to the moment when you notified us of the exercise of the cancellation right with regard to this contract compared to the total scope of the services provided for in the contract.

Exceptions from the cancellation right

The cancellation right does not exist / expires for the following contracts: in the case of delivery of digital content (including possible downloads, MP3s etc.) which is not delivered on a physical data carrier (e.g. a CD or DVD), if you explicitly agree to the beginning of the implementation before the order and at the same time confirm that we may begin the implementation, and you lose your cancellation right as soon as the implementation begins.

END OF THE CANCELLATION NOTICE

5. Granting of rights to femtasy content

5.1. The femtasy content is protected under the laws on copyrights, personal rights, trademarks and naming rights and where applicable in other legal respects.

5.2. Subject to the condition precedent that you comply with these GTC and all our payment claims against you are fulfilled, we grant you a limited, non-exclusive, non-transferable and non-sublicensable usage right for the access to the femtasy content contained in your femtasy access and personal, non-public and non-commercial use thereof in the form of streaming.

5.3. We / the respective rightsholders retain all rights which are not explicitly granted to you on the basis of these GTC or other relevant terms and conditions. You therefore do not have the right to use / utilise the femtasy content beyond the rights granted herein.

5.4. This granting of rights does not include, in particular, reproduction, making publicly available, passing on, resale or commercial use of the femtasy content or recording or use of product information, descriptions or prices, derived use of the femtasy content, downloading and/or copying of account details in favour of another trader or the use of data mining, robots or similar data recording and extraction programmes. It is not permissible to modify, disassemble, convert or alter femtasy content or pass it on, make it available, exchange it and/or in any way commercially use it on the Internet or in other networks either for a fee or free of charge.

5.5. Further restrictions and conditions for this granting of rights may be specified in the respective description of the femtasy content / femtasy access options.

5.6. If an unauthorised third party uses your authorisation to purchase and use the femtasy content for reasons for which you are responsible, you must reimburse us and any other rightsholders for any resulting costs and/or satisfy our/their claims for compensation for losses.

5.7. You may only use the offer, including the femtasy content, to the extent permitted by these GTC or the provisions of law. Any violation of these GTC or other relevant terms and conditions and any misuse of the offer, including the femtasy content, shall lead to the expiry of the rights, permission or licence granted in this section.

6. Requirements for use of the offer

To be able to use the offer and our other services, besides the other requirements specified in these GTC you must, in particular, fulfil / comply with the following conditions:

6.1. The offer is only directed at persons being adults at the moment of the conclusion of the contract / use of the services (whichever is earlier). If we have legitimate doubts that you are an adult, we have the right to request that you submit a certified copy of an identification document.

6.2. Use of the offer is only permissible for end-consumers (“consumers” in the meaning of Article 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB)). We therefore also do not conduct accounting for commercial purposes.

6.3. In order to use the offer you must fulfil certain minimum technical system requirements. You need a web browser with HTML5 support to be able to play back audio files. In particular, you should have a suitable online access that enables you to access the offer (a DSL broadband connection is recommended). The connection costs that arise from the use of the offer are not a part of the offer and you must therefore bear them yourself.

6.4. In order to use the offer you must register by submitting the necessary registration data and create a user account. For that purpose, an e-mail address is required and a related password (access data) must be selected. The registration is completed when we confirm successful registration after checking the data provided.

The information provided by you in the course of registration must be correct and complete. We reserve the right to take legal action in the event that the data provided by you is incorrect and/or incomplete.

The access data (e-mail address and password) must be carefully stored and protected against access by third parties, and it must not be passed on to any third parties. You are responsible for any careless handling of that data and any losses that may arise as a result.

7. Copyrights / trademarks and designations

7.1. All text/image/audio and/or audiovisual material made available in connection with the offer, as well as material from databases and the databases themselves (hereinafter referred to as “material”) is copyright protected.

7.2. We are exclusively entitled to all existing rights to the material and/or rights that yet arise, particularly copyrights and intellectual property rights, as well as all rights to the names Pink Internet GmbH and femtasy and all logos and comparable marks used in connection with the offer (hereinafter referred to as “our marks”).
Any reproduction, dissemination and/or other use of the material and/or our marks requires prior written consent.

8. Extraordinary termination

8.1. We may terminate your right to use the offer at any time at our discretion if we establish, according to our own judgement, that you have violated these GTC or other terms and conditions/guidelines specified in connection with the offer.

8.2. Other statutory termination rights remain unaffected.

9. Liability of Pink Internet GmbH

9.1. We shall be liable without limitation insofar as the losses resulted from wilful misconduct or gross negligence. We shall also be liable for breaches of key obligations due to minor negligence, the violation of which jeopardises the achievement of the objective of the contract, or for breaches of obligations whose fulfilment makes it possible to correctly perform the contract at all and upon whose fulfilment you generally rely. However, in such a situation we shall only be liable for the losses foreseeable under a typical contract. We shall not be liable for breaches due to minor negligence of obligations other than those referred to in the above sentences.

9.2. The above limitations of liability do not apply in the event of loss of life or injury to the body or health, for defects after a guarantee has been provided for the quality/characteristics of the product or in the case of fraudulently concealed defects. The liability under the German Product Liability Act (Produktshaftungsgesetz) remains unaffected.

9.3. If our liability is excluded or limited, this shall also apply to the personal liability of our employees and representatives, including directors, shareholders and vicarious agents.

10. Data protection

Besides the information set out in these GTC, the provisions of our privacy policy, which you can access at www.femtasy.com/privacy-policy apply.

11. Applicable law and place of jurisdiction

11.1. The laws of the Federal Republic of Germany apply for all legal relationships between you and us, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If, at the time when you place your order, you have your habitual residence in another country, the applicability of mandatory legal regulations of that country shall remain unaffected by the choice of governing law specified in sentence 1.

11.2. Dispute resolution: The EU Commission has set up an Internet platform for online settlement of disputes. The platform serves as a point of contact for out-of-court settlement of disputes relating to contractual obligations that arise from online purchase contracts. You can find more detailed information via the following link: ec.europa.eu/consumers/odr. Currently, we do not participate in such dispute resolution. If you have any questions or problems with your order, you can of course also contact us directly at support@femtasy.com.