General Terms and Conditions (AGB)

1.1 Scope of Application

• These AGB apply exclusively to all services provided by JW Limited
• Deviating terms of the customer are not recognized unless expressly agreed in writing
• These AGB apply in accordance with German Civil Code (BGB) §§ 305 et seq.
• For consumers, mandatory consumer protection laws remain unaffected

1.2 Contract Formation

• By using our services, you explicitly agree to these AGB
• Registration constitutes a binding offer to enter into a contract
• We accept your offer by providing access to our services
• The contract language is English; these AGB are available in German upon request

1.3 AGB Integration

In accordance with BGB § 305(2), these AGB are only integrated into the contract if:

• You have been explicitly referred to these AGB before contract formation
• You have had reasonable opportunity to review these terms
• You have agreed to their validity

3.1 Age Requirements

• You must be at least 18 years old to use our services
• In jurisdictions where the age of majority is higher than 18, you must have reached that age
• By using our services, you represent and warrant that you meet these age requirements
• We reserve the right to verify your age at any time

3.2 Age Verification Measures

• We implement technical and organizational measures to prevent access by minors
• Age verification may include confirmation dialogs, account registration, or identity verification
• We may request additional verification documents if required by law
• Access will be immediately terminated if we discover use by minors

3.3 Legal Compliance

Our age verification measures comply with:

• German Youth Protection Act (Jugendschutzgesetz - JuSchG)
• Interstate Treaty on the Protection of Minors in the Media (JMStV)
• EU Digital Services Act (DSA) requirements

4.1 Service Scope

• Content aggregation and search functionality for adult entertainment
• User account management and personalization features
• Content filtering and recommendation systems
• Community features and user-generated content capabilities

4.2 Service Availability

• Services are provided "as available" without guarantee of uninterrupted access
• We reserve the right to modify, suspend, or discontinue services with reasonable notice
• Maintenance windows and technical updates may temporarily affect availability
• Force majeure events may impact service delivery

5.1 Account Creation

• Account registration requires accurate and complete information
• You must be eligible according to Section 3 of these AGB
• One account per person; multiple accounts may be terminated
• Account usernames must comply with our acceptable use policy

5.2 Account Security

• You are responsible for maintaining the confidentiality of your credentials
• Notify us immediately of any unauthorized access or security breach
• We may require additional verification measures (2FA, email verification)
• You are liable for all activities conducted through your account

5.3 Account Termination

• We may suspend or terminate accounts for violations of these AGB
• You may delete your account at any time through account settings
• Upon termination, your right to use the services ceases immediately
• Data retention follows our Privacy Policy and legal requirements

6.1 Free Services

• Basic content search and browsing functionality
• Standard user account features
• Limited content filtering options
• Community participation features

6.2 Premium Services (if applicable)

• All prices include German VAT (Mehrwertsteuer) where applicable
• Prices are displayed in Euro (EUR) and are binding at time of purchase
• Payment processing through secure, PCI-compliant payment providers
• Subscription services renew automatically unless cancelled

6.3 Payment Terms

• Payment is due immediately upon purchase
• Failed payments may result in service suspension
• Refunds are processed according to Section 7 (Right of Withdrawal)
• We reserve the right to change prices with 30 days' notice

7.2 How to Exercise Withdrawal Right

To exercise the right of withdrawal, you must inform us at:

• Email: [email protected]
• Subject: "Withdrawal from Contract"
• Include: Your name, address, and clear statement of withdrawal

7.3 Effects of Withdrawal

• We will reimburse all payments received from you within 14 days
• Reimbursement will be made using the same payment method you used
• Your access to premium services will be terminated immediately
• You must cease using any downloaded or accessed premium content

7.4 Exceptions to Withdrawal Right

The right of withdrawal does not apply to:

• Digital content that has been fully performed with your prior consent
• Services that have been fully performed before the withdrawal period expires
• Customized or personalized digital content

8.1 Third-Party Content

• We aggregate links, metadata, and content from third-party providers
• All trademarks, logos, and media remain the property of their respective owners
• We do not claim ownership of third-party content
• Content removal requests are processed according to German copyright law

8.2 User-Generated Content

• You retain ownership of content you create and submit
• You grant us a limited license to host, display, and distribute your content
• You represent that your content does not infringe third-party rights
• You are responsible for ensuring your content complies with applicable law

8.3 Content Moderation

• We may remove content that violates these AGB or applicable law
• Illegal content (including non-consensual or underage material) is prohibited
• We cooperate with law enforcement and regulatory authorities
• Content decisions comply with German NetzDG and EU DSA requirements

8.4 License Grant to Users

Subject to these AGB, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our services for personal, lawful purposes
• View and interact with content available through our platform
• Create and manage your user account
• Participate in community features where available

9.1 Prohibited Activities

• Uploading, sharing, or accessing illegal content under German or EU law
• Harassment, discrimination, or hate speech targeting individuals or groups
• Non-consensual intimate content or revenge pornography
• Content involving minors or appearing to involve minors
• Malware, viruses, or other harmful code
• Spam, phishing, or fraudulent activities
• Circumventing security measures or access controls
• Automated scraping that degrades service performance

9.2 Compliance Requirements

• Respect intellectual property rights and copyright law
• Comply with German Criminal Code (StGB) and youth protection laws
• Follow community guidelines and platform rules
• Report illegal or harmful content through proper channels

9.3 Enforcement

• Violations may result in content removal, account suspension, or termination
• Serious violations will be reported to relevant authorities
• We may preserve evidence and cooperate with law enforcement
• Appeals process available for content moderation decisions

10.1 Unlimited Liability

We are fully liable without limitation for:

• Damages resulting from injury to life, body, or health
• Damages caused by intentional or grossly negligent conduct
• Damages covered by mandatory statutory liability (e.g., Product Liability Act)
• Damages resulting from breach of fundamental contractual obligations

10.2 Limited Liability

For simple negligence, our liability is limited to:

• Breach of fundamental contractual obligations (cardinal duties)
• Foreseeable damages typical for this type of contract
• Maximum liability of €100,000 per incident for property damage
• Maximum aggregate liability of €500,000 per year

10.3 Service Warranties

• Services are provided with reasonable care and skill
• We aim for 99% uptime but cannot guarantee uninterrupted service
• Content accuracy is not warranted due to third-party sources
• Consumer warranty rights under BGB §§ 434 et seq. remain unaffected

10.4 Third-Party Content

• We are not liable for third-party content linked or aggregated
• Liability for illegal third-party content begins upon knowledge
• We remove illegal content promptly upon notification
• Users remain responsible for their own content and actions

11.1 Privacy Policy Reference

• Detailed information in our Privacy Policy
• GDPR-compliant data processing with legal bases
• Your rights: access, rectification, erasure, portability, objection
• Data Protection Officer: [email protected]

11.2 Cookies & Tracking

• Essential cookies for service functionality (no consent required)
• Analytics and marketing cookies require explicit consent
• Cookie settings can be managed in your account preferences
• Compliance with TTDSG (German Telecommunications-Telemedia Data Protection Act)

12.1 Termination by User

• Free accounts: immediate termination by account deletion
• Paid services: termination with notice period as specified in contract
• Right of withdrawal applies to consumers (see Section 7)
• Data export available before account deletion

12.2 Termination by Provider

• Ordinary termination with 30 days' notice for paid services
• Extraordinary termination for good cause (AGB violations, illegal content)
• Immediate termination for serious violations (illegal content, fraud)
• Account suspension pending investigation of violations

12.3 Effects of Termination

• Immediate cessation of service access
• Data retention according to legal requirements and Privacy Policy
• Refund of prepaid fees (pro-rata for partial periods)
• Survival of provisions regarding liability, intellectual property, and disputes

13.1 Governing Law

• German Civil Code (Bürgerliches Gesetzbuch - BGB)
• German Commercial Code (Handelsgesetzbuch - HGB) where applicable
• EU regulations take precedence over national law
• Consumer protection laws remain fully applicable

13.2 Jurisdiction

• German courts have exclusive jurisdiction for all disputes
• Consumers may also sue at their place of residence
• Place of jurisdiction for entrepreneurs: company domicile
• EU consumers retain rights under Brussels I Regulation

13.3 International Users

• Non-EU users: German law applies to EU-related activities
• Mandatory local consumer protection laws remain applicable
• International arbitration excluded for consumer contracts
• UN Convention on Contracts for International Sale of Goods excluded

14.1 Consumer Definition

You are a consumer if you enter into this contract for purposes that are outside your trade, business, or profession (BGB § 13).

14.2 Enhanced Consumer Rights

• 14-day withdrawal right without giving reasons (see Section 7)
• Right to sue at your place of residence
• Protection against unfair contract terms (BGB §§ 305-310)
• Warranty rights for defective services (BGB §§ 434 et seq.)
• Right to damages for non-performance or delay

14.3 Online Dispute Resolution

• EU Online Dispute Resolution Platform: ec.europa.eu/consumers/odr
• Consumer arbitration boards available in Germany
• Mediation services for out-of-court settlement
• Legal aid available for qualifying consumers

14.4 Consumer Complaint Channels

• Consumer protection agencies (Verbraucherzentralen)
• Federal Office for Consumer Protection (BVL)
• European Consumer Centre Germany (ECC Germany)
• Industry-specific ombudsman services where applicable

15.1 Informal Resolution

• Contact us first: [email protected]
• Provide detailed description of the issue
• We aim to respond within 72 hours
• Good faith effort to resolve within 30 days

15.2 Mediation

• Voluntary mediation through certified mediators
• Costs shared equally unless otherwise agreed
• Mediation does not preclude court proceedings
• Confidentiality of mediation proceedings

15.3 Court Proceedings

• German courts have jurisdiction (see Section 13)
• Consumers may sue at their place of residence
• Small claims procedures available for amounts under €5,000
• Legal costs follow German Civil Procedure Code (ZPO)

15.4 Limitation Periods

• General limitation period: 3 years from knowledge of claim
• Warranty claims: 2 years from delivery
• Tort claims: 3 years from knowledge, 30 years absolute
• Consumer withdrawal right: 14 days (extendable to 1 year + 14 days)

16.1 Contract Integrity

• Entire Agreement: These AGB constitute the complete agreement
• Severability: Invalid provisions do not affect remaining terms
• Replacement: Invalid clauses replaced by legally permissible equivalents
• Language: German version prevails in case of translation conflicts

16.2 Changes to AGB

• Changes require explicit consent for existing contracts
• 30 days' notice for material changes
• Right to terminate upon disagreement with changes
• Continued use constitutes acceptance of minor changes

16.3 Assignment & Transfer

• Users may not assign rights without written consent
• We may assign under business succession or merger
• Consumer rights remain unaffected by assignment
• Notice of assignment provided to affected users

16.4 Regulatory Compliance

• EU Digital Services Act (DSA) compliance
• German Network Enforcement Act (NetzDG) compliance
• Youth Protection Act (JuSchG) compliance
• GDPR and German BDSG compliance

17.1 Legal Basis for Deletion

You may request data deletion under the following circumstances:

• • Article 17(1)(a): Personal data no longer necessary for original purposes
• • Article 17(1)(b): Withdrawal of consent (where consent was the legal basis)
• • Article 17(1)(c): Objection to processing with no overriding legitimate grounds
• • Article 17(1)(d): Personal data processed unlawfully
• • Article 17(1)(e): Deletion required for legal compliance
• • Article 17(1)(f): Data collected from children without proper consent

17.2 Deletion Process & Timeline

17.3 Exceptions to Deletion

Certain data may be retained where deletion would conflict with:

• • Legal obligations: Tax records, financial compliance (BGB, HGB requirements)
• • Public interest: Public health, scientific research (anonymized)
• • Legitimate interests: Fraud prevention, security (anonymized where possible)
• • Legal claims: Defense of legal claims or establishment of rights
• • Freedom of expression: Journalistic, academic, or artistic expression

17.4 Contract Termination Effects

17.5 Consumer Protection

Additional protections for consumers under German and EU law:

17.1 Service Provider (Diensteanbieter)

• Company: JW Limited
• Legal Form: Limited Company
• Registration: [Company Registration Number]
• VAT ID: [VAT Number if applicable]

17.2 Contact Details

• Address: Anger 61, Erfurt, Thürigen, Deutschland
• Email: [email protected]
• Telegram: https://t.me/simplyadult_bot
• Response Time: Within 72 hours

17.3 Legal Representatives

• Managing Director: [Name of Legal Representative]
• Data Protection Officer: [email protected]
• Legal Counsel: Available upon request

17.4 Regulatory Information

• Supervisory Authority: [Relevant Trade Authority]
• Professional Association: [If applicable]
• Content Responsibility: JW Limited Management
• Youth Protection Officer: [email protected]