Terms of Service (Nutzungsbedingungen)

• Account: Your registered account with all associated data, content, and settings
• Client: User who accesses the Platform to search for and contact Service Providers
• Content: Text, images, videos, profiles, reviews, messages posted on the Platform
• Fees: Subscription fees, listing fees, verification fees
• Platform/Service: CompanionHub website, mobile applications, APIs
• Service Provider: Independent adult service provider with a profile
• User: Anyone accessing or using the Platform (Clients and Service Providers)
• Verification: Process confirming identity, age, or qualifications

2.1 Age Verification (Altersverifikation)

Mandatory 18+ Requirement: Under Swiss Criminal Code (StGB Art. 197-197a):

• You must be at least 18 years old
• Age verification is mandatory for all accounts
• Misrepresentation of age is a violation of Swiss law

Verification Methods: Self-attestation, government ID upload, third-party verification, photo verification.

Consequences: Immediate termination, possible report to authorities (Art. 328 StGB), legal liability.

2.2 Legal Capacity (Geschäftsfähigkeit)

You represent that you have full legal capacity to enter into contracts under OR Art. 19, are not under guardianship, and are not legally prohibited from this agreement.

2.3 Account Registration

To create an account, you must: provide accurate information, valid email, secure password, complete age/identity verification, accept Terms and Privacy Policy.

One Account Per Person: Multiple accounts prohibited and may result in termination.

2.4 Account Security

You are responsible for: maintaining password confidentiality, preventing unauthorized access, logging out from shared devices, immediately notifying us of breaches.

Our Security: JWT HttpOnly cookies, encryption, rate limiting, 2FA availability.

2.5 Account Termination by User

You may terminate via: account deletion feature, written notice to [LEGAL EMAIL], customer support.

Effect: Immediate access loss, profile removal within 48 hours, data deletion within 90 days (subject to legal retention).

3.1 Acceptable Use

Use CompanionHub only for lawful purposes in accordance with: Swiss federal law, cantonal law, these Terms, Community Standards.

3.2 Prohibited Activities

You MAY NOT:

Illegal Activities: Violate Swiss/cantonal law, engage in human trafficking (StGB Art. 182), facilitate sexual exploitation of minors, promote illegal prostitution, money laundering (AMLA-G), possess illegal content.

Fraud and Deception: Post false content, impersonate others, create fake accounts, falsify verification, catfish, post fake reviews.

Harassment and Abuse: Threaten, intimidate, stalk, spam, dox, discriminate.

Platform Integrity: Use bots without permission, unauthorized access, transmit malware, interfere with functionality, reverse-engineer code.

Commercial Misuse: Unauthorized commercial use, sell accounts, price-fixing (Kartellgesetz), use data to compete.

3.3 Content Standards

All content must be: legal, accurate, respectful, appropriate.

Must NOT contain: minors in sexual contexts (StGB Art. 197a), non-consensual content, extreme violence, illegal acts, false claims, infringing content.

3.4 Enforcement and Penalties

For violations, we may: warn, remove content, suspend account, terminate account, report to authorities, pursue damages under OR Art. 41. No refunds for violations.

4.1 Independent Contractor Status

You are NOT our employee: Service Providers are independent contractors. This means:

• You control your own operations, pricing, policies
• You are responsible for taxes, insurance, licenses
• We do not direct your work or control services
• No employment benefits, no tax withholding, no social security contributions

Legal Basis: OR Art. 319-320 (distinction between employment and independent contracting)

4.2 Service Provider Responsibilities

Accurate Representation: Truthful profile, genuine photos, accurate descriptions, up-to-date information, disclosed boundaries.

Legal Compliance: Comply with all laws, obtain licenses, comply with cantonal regulations, pay taxes (Mehrwertsteuer), maintain insurance.

Professional Conduct: Timely responses, honor commitments, communicate professionally, respect boundaries, maintain safety practices.

4.3 Verification

Verification Types: Age (mandatory), Identity (premium), Photo (genuine), Background (optional where legal).

Verification Does NOT Mean: Endorsement, guarantee, liability assumption, compliance assurance.

4.4 Geographic Limitations

Adult services regulated at cantonal level. You are responsible for: checking cantonal law, complying with advertising restrictions, following health/safety regulations, understanding zoning laws.

For cross-border services: comply with laws in all relevant jurisdictions, state location clearly, clients verify legality.

4.5 Client Screening

You may use Platform features to: screen clients, require references, maintain blacklist, share safety information (where lawful).

4.6 Pricing and Payments

You set your own rates: We do not control pricing or process payments between you and clients. Platform subscription fees are separate.

No Commission: We do NOT take commission on services. We only charge: subscription fees, verification fees, premium listing fees.

5.1 Client Conduct

As a Client, agree to: treat providers with respect, communicate professionally, honor commitments, respect boundaries and consent, pay agreed rates, verify legality of services, comply with laws.

5.2 Reviews and Feedback

Review Guidelines: Be truthful, respectful, relevant, maintain privacy.

Prohibited: False/fabricated reviews, harassment, discrimination, revealing private information.

We reserve right to remove reviews that violate guidelines or defame providers under OR Art. 49.

5.3 Booking and Cancellation

We do NOT arrange bookings. You communicate directly with providers. Follow provider's cancellation policy. We are not liable for booking disputes.

6.1 Platform Ownership

CompanionHub owns all original content, features, functionality, protected by Swiss Copyright Act (URG), Trademark Law (MSchG), international treaties, trade secret law.

6.2 User Content License

License Grant: By posting content, you grant us worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish for Platform operation only.

Rights You Retain: Ownership, responsibility for rights, control to delete.

License Limitations: We do NOT sell your content, license for outside purposes, license after deletion (except backups).

6.3 Trademark Policy

CompanionHub trademarks protected by MSchG. You may NOT use our logos/branding without permission.

6.4 Copyright Infringement

We respond to notices under Swiss Copyright Act (URG). Report infringement to [COPYRIGHT AGENT] including: identification of work, location of infringement, contact info, good faith statement, accuracy statement, signature.

6.5 Feedback and Suggestions

Any feedback becomes our property, we may use without obligation or compensation, you waive claims.

7.1 Platform Fees

Subscription Fees: Weekly, monthly, annual subscriptions for Service Providers. Automatically recurring.

Verification Fees: One-time fees for identity/age/photo verification.

Enhanced Listing Fees: Featured placement, priority search, promotional.

All fees disclosed upfront before purchase.

7.2 Payment Processing

We use CCBill, SegPay, or other PCI-DSS compliant processors. We do NOT store full card numbers. Subscription fees charged in advance, auto-renew.

We do NOT process payments between Clients and Service Providers.

7.3 Refund Policy

Refundable: Technical errors (duplicate charges), extended downtime (>72h), accidental purchases (24h notice), legal requirements.

Non-Refundable: Change of mind, unused subscription, account termination for violations, outages <72h, third-party processing fees.

7.4 Price Changes

We may change fees with 30 days notice. Existing subscribers maintain current price until expiration. Active subscriptions not subject to mid-term price changes.

7.5 Taxes

Prices exclude VAT. VAT at applicable Swiss rate added at checkout. Service providers responsible for own income tax, VAT registration if CHF 100,000+ turnover.

8.1 Service Provided "AS IS"

To the maximum extent permitted by Swiss law (OR Art. 199), we provide Platform "AS IS" without warranties including merchantability, fitness for purpose, non-infringement.

We do NOT guarantee: meeting your requirements, uninterrupted/secure/error-free service, defect correction, virus-free, accuracy of content, provider/client performance.

8.2 Limitation of Liability (OR Art. 100)

Consequential Damages Exclusion: We are NOT liable for indirect, incidental, special, consequential, punitive damages including lost profits, lost data, lost savings, lost goodwill, business interruption.

Liability Cap: Our total liability does not exceed the GREATER of: fees paid in last 6 months, OR CHF 500.00.

Exceptions to Limitation: We accept UNLIMITED liability for: intent or gross negligence (OR Art. 100 para. 1), personal injury or death (OR Art. 100 para. 2), guaranteed promises, product liability (OR Art. 231).

8.3 No Liability for Third Parties

We are NOT liable for: user conduct, user-to-user interactions, services provided, client behavior, third-party content, provider-client relationships.

8.4 Platform Integrity Not Guaranteed

We do NOT guarantee: user authenticity, background checks, service quality, client intentions, provider intentions.

8.5 No Professional Advice

Platform does NOT provide: legal advice (consult Swiss attorney), tax advice (consult tax advisor), medical advice (consult healthcare), safety advice.

You agree to indemnify, defend, and hold harmless CompanionHub and its officers, directors, employees, agents from claims, liabilities, damages, losses, expenses (including attorneys' fees) arising from:

• Your use of the Platform, violation of Terms, violation of law
• Your content: infringement of IP rights, defamation (OR Art. 49)
• Your conduct: interactions, services, disputes, fraud
• Your non-compliance: cantonal law, tax non-compliance, money laundering

Indemnification Procedure: We promptly notify you, you have right to control defense, we may participate at your expense, you cannot admit liability/settle without consent (unless undisputed).

10.1 Governing Law

Governed by Swiss substantive law. Excluded: conflict of law principles (IPRG), UN CISG.

10.2 Jurisdiction and Venue

Exclusive Jurisdiction: All disputes litigated exclusively in [COURT NAME - e.g., Bezirksgericht Zürich].

For Consumers: If you are a consumer under OR Art. 6, you may bring action in your habitual residence court (OR Art. 6 para. 2) or our registered office court.

10.3 Alternative Dispute Resolution

Informal Resolution: Contact [MEDIATION EMAIL], we respond within 14 business days, negotiate in good faith.

Mediation: Conducted under Swiss Rules of Commercial Arbitration, voluntary, costs shared equally.

10.4 Arbitration

Binding Arbitration Clause: All disputes resolved through binding arbitration administered by [ARBITRATION INSTITUTION] under its rules, NOT court proceedings.

Excluded Claims: Small claims under CHF 5,000, IP infringement, emergency equitable relief, Data Protection Act (FDPIC jurisdiction).

Terms: Location: [CITY, Switzerland], Language: German, Number of Arbitrators: One, Decision: Final and binding.

10.5 Class Action Waiver

Resolve disputes ONLY on individual basis. Class actions, consolidated actions, representative actions NOT permitted. No claims as representative of others.

10.6 Waiver of Jury Trial

Switzerland does not use jury trials in civil cases. Professional judges decide. Acknowledges Swiss civil procedure (ZPO).

11.1 Platform Modifications

We reserve right to: modify/suspend/discontinue features, modify Terms (with notice), implement access controls, change pricing (30 days notice).

Material Changes: 30 days notice, email/notification, continued use = acceptance. No compensation for modifications.

11.2 Termination by CompanionHub

Immediate Termination Rights: Terms violations, illegal activity/fraud, harassment/abuse, law enforcement request, 24-month inactivity, sole discretion.

11.3 Effect of Termination

Upon termination: access immediately ceases, licenses terminate, content may be deleted (subject to legal retention), surviving provisions remain.

11.4 Account Suspension

Temporary suspension for: investigation, security concerns, payment issues, dispute resolution. Appeal to [APPEALS EMAIL], review within 7 business days.

12.1 Privacy Policy Incorporation

Your use is governed by our Privacy Policy (Datenschutzerklärung), incorporated by reference.

Key provisions: revFADP compliance, data subject rights, security measures, international transfers, cookie policy.

12.2 Data Protection Compliance

We comply with: revFADP (2023), VDSB (2023), EU GDPR (via adequacy 15 Jan 2024), Swiss-US Data Privacy Framework (15 Sept 2024).

Subject to oversight by Federal Data Protection and Information Commissioner (FDPIC).

13.1 Entire Agreement

These Terms + Privacy Policy + additional terms presented during registration = entire agreement. Supersedes all prior agreements.

13.2 Severability (Salvatorische Klausel)

If invalid provision found: limited/eliminated to minimum extent, remaining provisions stay in force, parties negotiate in good faith to replace. Swiss law: OR Art. 20.

13.3 Waiver

Failure to enforce is NOT waiver. No implied waiver. Waiver must be in writing. Specific waiver does not waive other terms.

13.4 Assignment (Abtretung)

You may NOT assign without consent. We may assign without restriction/consent/notice for merger, acquisition, asset sale.

13.5 Force Majeure (Höhere Gewalt)

Not liable for failure due to: acts of God, war, terrorism, government actions, labor strikes, internet failures, power outages. Swiss law: OR Art. 119.

13.6 No Agency, Partnership, or Employment

No agency, partnership, joint venture, or employment created. Each party is independent contractor. No authority to bind.

13.7 Third-Party Beneficiaries

No rights for third parties. Only CompanionHub and you may enforce.

13.8 Electronic Communications

Consent to: emails, platform notifications, SMS, push notifications. Legal notices may be delivered electronically.

13.9 Notices and Communications

To Us: [COMPANY LEGAL NAME], Legal Department, [ADDRESS], [CANTON], Switzerland, [LEGAL EMAIL].

To You: Email, platform notification, postal mail. Deemed received: Email (24h), notification (immediate), mail (5 days).

13.10 Language

German language version is legally binding. English/French/Italian provided for convenience. In case of conflict, German prevails.

14.1 Consumer Protection (Verbraucherschutz)

For consumers under OR Art. 6: mandatory consumer protection provisions, habitual residence court, no limitation for personal injury, unfair terms invalid (OR Art. 8).

14.2 Unfair Competition (Unlauterer Wettbewerb)

Under UWG: No misleading advertising (Art. 3), no deceptive practices (Art. 4), no unfair terms (Art. 8), no aggressive sales (Art. 3).

14.3 Money Laundering Compliance (Geldwäscherei-Compliance)

Under AMLA-G: Identity verification, 10-year record keeping, MROS reporting, internal compliance measures.

14.4 Anti-Trafficking (Anti-Menschenhandel)

Under StGB Art. 182: Strictly prohibit human trafficking, exploitation, coercion. Will report to Swiss authorities.

14.5 Cantonal Adult Service Regulations

You are responsible for: checking cantonal law, complying with licensing, following advertising restrictions, understanding health/safety regulations.

* This section requires legal counsel to draft specific provisions for relevant cantons.